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Got a letter for dload from cox abuse tracking system

Discussion in 'Windows - P2P software' started by damatrixz, Jun 7, 2004.

  1. damatrixz

    damatrixz Member

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    they sent me a letter for downloading through direct connect software, dc++

    i have peerguardian and sygate installed on machine

    how could this happen

    and wut can they do to me

    Dear Customer,
    >
    > We are writing on behalf of Cox Communications to advise you that we have
    received a notification that you are using your Cox High Speed Internet
    service to post or transmit material that infringes the copyrights of a
    complainant's members. We have included a copy of the complaint letter.
    Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"),
    which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox
    is required to "act expeditiously to remove, or disable access to" the
    infringing material in order to avoid liability for any alleged copyright
    infringement. Accordingly, Cox will suspend your account and disable your
    connection to the Internet within 24 hours of your receipt of this email if
    the offending material is not removed.
    >
    > Please be aware that the DMCA also provides procedures by which a
    subscriber accused of copyright violation can respond to the allegations of
    infringement and, under certain circumstances, cause his or her account to
    be reinstated. To do so, however, the response must meet certain criteria.
    Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the
    right to submit to Cox a counter-notification which, to be effective, must
    include the following elements:
    >
    > (a) a physical or electronic signature of the subscriber;
    > (b) identification of the material that has been removed or to which
    access has been disabled and the location at which the material appeared
    before it was removed or disabled;
    > (c) a statement under penalty of perjury that the subscriber has a good
    faith belief that the material was removed or disabled as a result of
    mistake or misidentification of the material to be removed or disabled;
    > (d) the subscriberÂ's name, address, and telephone number and a statement
    that the subscriber consents to the jurisdiction of the Federal District
    Court for the judicial district in which the address is located.
    >
    > In the event that you submit to Cox a counter-notification that includes
    these elements, Cox will forward your counter notification to the
    complainant and advise them that Cox will cease disabling access to the
    allegedly infringing material in ten (10) business days. Unless the
    complainant notifies us that it has filed an action seeking a court order to
    restrain you from engaging in the allegedly infringing activity prior to the
    expiration of those ten (10) business days, Cox will reactivate your
    account.
    >
    > Sincerely,
    >
    > The Cox Abuse Team
    >
    > --- The following material was provided to us as evidence ---
    >
    >
    > [Part 0 (plain text)]
    >
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > Cox Communications
    > 1400 Lake Hearn
    >
    >
    >
    >
    >
    > Re: Unauthorized Use of "MGM" Property
    > Notice ID:122531
    > Notice Date:4 Jun 2004 20:44:53 GMT
    > Case ID: 2096656
    >
    > Dear Sir or Madam:
    >
    > "MGM", Inc. and its affiliated companies (collectively, "MGM") are the
    exclusive owners of copyrights in motion pictures and television, including
    the property listed below.
    >
    > It has come to our attention that Cox Communications is the service
    provider for the IP address listed below, from which unauthorized copying
    and distribution (downloading, uploading, file serving, file "swapping" or
    other similar activities) of "MGM"'s (property)(s) listed below is taking
    place. We believe that the Internet access of the user engaging in this
    infringement is provided by Cox Communications or a downstream service
    provider who purchases this connectivity from Cox Communications.
    >
    > This unauthorized copying and distribution constitutes copyright
    infringement under Section 106 of the U.S. Copyright Act . Depending upon
    the type of service Cox Communications is providing to this IP address, it
    may have legal and/or equitable liability if it does not expeditiously
    remove or disable access to the (property)(s) listed below, or if it fails
    to implement a policy that provides for termination of subscribers who are
    repeat infringers (see, 17 U.S.C. §512).
    >
    > Despite the above, "MGM" believes that the entire Internet community
    benefits when these matters are resolved cooperatively. We urge you to take
    immediate action to stop this infringing activity and inform us of the
    results of your actions. We appreciate your efforts toward this common goal.
    >
    > The undersigned has a good faith belief that use of the (property)(s) in
    the manner described herein is not authorized by "MGM", its agent or the
    law. The information contained in this notification is accurate. Under
    penalty of perjury, the undersigned is authorized to act on behalf of "MGM"
    with respect to this matter.
    >
    > Please be advised that this letter is not and is not intended to be a
    complete statement of the facts or law as they may pertain to this matter or
    of "MGM"'s positions, rights or remedies, legal or equitable, all of which
    are specifically reserved.
    >
    > Very truly yours,
    >
    > Sarah Bergman
    > Compliance Manager
    > BayTSP, Inc.
    > PO Box 1314
    > Los Gatos, CA 95031
    >
    > v: 408-341-2300
    > f: 408-341-2399
    >
    > *pgp public key is available on the key server at ldap://keyserver.pgp.com
    > Note: The information transmitted in this Notice is intended only for the
    person or entity to which it is addressed and may contain confidential
    and/or privileged material. Any review, reproduction, retransmission,
    dissemination or other use of, or taking of any action in reliance upon,
    this information by persons or entities other than the intended recipient is
    prohibited. If you received this in error, please contact the sender and
    delete the material from all computers
     
  2. Toiletman

    Toiletman Active member

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    Peerguardian and other blocking programs such as this weren't designed to block ISPs, they were designed to stop bullshit companies such as RIAA to stop invading your privacy. After all, if you want to block your ISP completely, you would have to unplug your connection :)

    (Feel free to correct me if I'm wrong)

    So... I would say, unlucky.
     
  3. damatrixz

    damatrixz Member

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    you are so very wrong, why would i do something so unthinkable as block my ip

    if you looked at the included message you would have realised the riaa contacted cox who in turn then contacted me

    think before you post
     
  4. Pop_Smith

    Pop_Smith Regular member

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    You downloaded (or someone downloaded from you) a copywrited MGM Movie, that is all they are saying, they could only know this (becasue you have PeerGuardian installed) if an employer of Cox Internet, downloaded something from and reported you or it could have been some stupid person that felt like reporting you for downloading/uploading an illegal file (the Copyrighted Movie or whatever it was). Maybe you really did not have PeerGuardian running or it was not updated correctly.
     
    Last edited: Jun 7, 2004
  5. damatrixz

    damatrixz Member

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    well i have it on, and i try and get the new list every 2wks

    they said that somebody was dling it from me

    cant i get arrested for this type of behavoir, i thought dloading was illegal now

    the riaa arent they suing the filesharers
     
  6. Praetor

    Praetor Moderator Staff Member

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    Play nice.
     
  7. mikeg520

    mikeg520 Member

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    Hi, I just got this exact same letter today. They threatened to shut my internet off in 24 hours, did they shut yours down?
     
  8. guesswho3

    guesswho3 Member

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    at least you guys received a letter. they just shut off my service without notification! I had to call in and ensure them that I was no longer sharing said movie files. i was using emule/edonkey, and they mentioned which movie files were shared by name, and the files were shared less than 48 hrs! I thought they at least had to send me a warning letter.
     
  9. Pop_Smith

    Pop_Smith Regular member

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    That is crap, I say get rid of Cox and get a internet service that does not spy on you.
    I have qwest and i have never got anything like that at all.
     
    Last edited: Jun 11, 2004
  10. oso

    oso Member

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    Weird, that all these came out about the same time. Is Sarah Bergman the head of one of those companies that search P2P networks for uploaders that is independent from the actual motion picture company?

    I've seen her on those letters across many ISPS and Companies. I got one last night when, Cable One shut off my internet at midnight and redirected all webpage requests to the letter from Sony and a form that I had to fill out stating it was removed under oath. My connection was back up by 9am.

    My big concern is, has anyone had one of these warnings in the past and had nothing come of it? I'm just scared of getting sued or something bad coming that I don't even know is possible.

    It'd be nice to hear from someone who has been through this, same letter-one file or movie, and not had any legal or law trouble over it.

    Thanks.
     
  11. Pop_Smith

    Pop_Smith Regular member

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  12. miniman72

    miniman72 Member

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    I also got a letter and was temporarily disconnected by Cable One. I was running peerguardian, the newest release. I had been using a router to share my internet connection. The router I have does not have NAT therefore it just forwards all traffic to DC++. I found out that peerguardian looks at the ip of the router and says hey that ip (192.168.0.1) is not on the block list so it was letting everyone connect. I plug in to my cable modem directly now and get at least 1 hit a day from Disney so now it is doing its job. If you are running a router or access point to connect to the internet this my be how they got through.
     
    Last edited: Jun 12, 2004
  13. mikeg520

    mikeg520 Member

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    Well, my internet is still working so I guess the first letter was just a warning.
     
  14. Dela

    Dela Administrator Staff Member

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    Well first of all this is NOT the RIAA, its MGM. Basically the tactic is to download something on a P2P network and record the IP Adress you download it from, then contact the ISP. Trust me, when it comes to downloading, they dont have a case, i mean, the only way they could know you were downloading is if you were downloading from them, then a court would laugh and tell them to go away.

    When it comes to peerguardian, unfortunately many users on P2P are paid to monitor uploaders ILLEGALLY! Such organisations as NetPD are at this. NetPD think they are a police department, just a bunch of idiots with nothing better to do than try to make money off other peoples misfortune online. they dont even have a proper website because they know it would be hacked so much. Just a bunch of scared little girls. They also said that all P2P downloaders do is hide behind their computers, when they are doing it themselves! Someone do em a favour and kill em! lol

    As for the letters, its nothing new, its been going on for months now! Doesn't stop P2P at all, its still as strong as it ever was! I would however, like to see a P2P network or a user who got a letter stanbd up to it and ask why his/her privacy rights were violated, it doesnt matter, a cop cant break into my home, find something illegal and then say it doesnt matter than he invaded my privacy right sbecause it does. You by law should be able to sue MGM for this. They however could sue you for copyright infringement in which case you could play dumb and say,u had no idea it was uploading the file, you did not INTENTIONALLY break the law which is the case for most people! The worst thing that can possible happen is you lose your internet service. So far movie companies havent sued normal p2p users for sharing stuff, i think they know better than to sue their own customers!
     
  15. oso

    oso Member

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    Thanks for the intelligent well thought out response.
     
  16. socal619

    socal619 Member

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    I just got an email from Cox today too! The strange thing was that BayTSP got me for the wrong thing. They said that they downloaded Borland JBuilder X Enterprise disk 3 from me on eMule. They even listed the FileID. Funny thing was...I have never downloaded it. I checked my FileIDs in eMule and found an adult video of Jesse Jane that had the exact same FileID! I called Cox and explained to them. They were actually nice about the whole thing. They told me they deal with letters from these types of companies every day. They said that as long as you delete it and don't get caught again, you'll be fine. They said they have a "3-strikes" policy. Luckily, my issue is not going to count against me.
     
  17. damatrixz

    damatrixz Member

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    well yes i have peerguardian, but i think my f***ing vonage device is messing around with it, since the guy above said something similar

    does anybody know how to go around that problem

    they said as long as i deleted the file, they wont shut my service off, cox isnt that bad, they just have to issue the warning, i checked their website, and they said they have to obey the law, they try but they will give personal info if ordered by court

    *DELA, the best resonse

    i was really scared and stopped using dc++
    i may still stop, since i dont want any further
    warnings and avoid going to jail, since im 19 now
     
  18. damatrixz

    damatrixz Member

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    guesswho*

    maybe you did, but it went to junk mail filter
     
  19. RewSearch

    RewSearch Member

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    Hi guys.

    I got a letter of the same kind also, for Spiderman 2. Bah. The quality wasn't even that good to watch. I removed the file, let them know. Of course, I got some nothing auto-response from them.

    Will they contact me again or will I just have to wait the 24 hrs to see if my account will be suspended? They better not suspend my account because I deleted the fusking files. Grrrr, stupid facist internet provider...

    RewSearch
     
  20. mikeg520

    mikeg520 Member

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    Don't worry, the first time is just a warning. Don't share any files and you'll be fine.
     

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