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I got bit! Got a email from ISP about a torrent!

Discussion in 'Windows - P2P software' started by smiffff, Jun 23, 2006.

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  1. smiffff

    smiffff Member

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    My nephew started downloading a movie the other night and went to bed. when we got up, the movie was finished. we closed Azureus. I checked my email and had THIS in my box:

    Dear Internet Access Subscriber:

    Charter Communications ("Charter") has been notified by a copyright owner that your Internet account has been involved in the exchange of unauthorized copies of copyrighted material (music, movies, or software). We are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder.

    It is possible that this activity has occurred without your permission or knowledge by an unauthorized user, a minor who may not fully understand the copyright laws, or even as a result of a computer virus. However, as a Charter Internet account owner, you can be held liable for this activity.

    As a personal computer owner and a user of the Internet, we ask that you be aware of the following: Violations of federal Copyright law can result in civil and/or criminal liability, including payment of monetary damages, costs and attorneys' fees to the copyright owner. See 17 U.S.C. §§ 504-506. In addition, Charter's Acceptable Use Policy explicitly prohibits copyright infringement by Charter High-Speed Internet users. Specifically, Section 3 states:

    NO COPYRIGHT OR TRADEMARK INFRINGEMENT
    Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

    Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the copyright owner’s work(s). If Charter receives a notice from a copyright owner alleging any Customer has committed copyright infringement, Charter will notify the Customer of the alleged infringement. Charter may determine that Customer is a repeat copyright infringer if Charter learns that Customer has engaged in online copyright infringement on more than one occasion. Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers.

    We ask that you take immediate action to remove the infringing material from your computer and stop its exchange. If Charter continues to receive DMCA notices regarding your account, or if you violate any other clause of Charter's Acceptable Use Policy, we will have no choice but to terminate your account. You may view Charter's rules and policies at http://www.charter.com/site/policies.aspx.

    If you need assistance in removing the referenced infringing material, please refer to the Security Center at http://www.charter.com.

    If you have any questions about this matter, please contact us at 1-866-229-7286. Representatives will be available to take your call Monday through Friday, 7am - 11pm, Saturday and Sunday, 7am - 4pm (Central Time).

    Sincerely,

    Charter High-Speed Internet Security Team http://www.charter.com/security


    --- The following material was provided to us as evidence ---


    [Part 0 (plain text)]

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1

    Re: Unauthorized Use of NBC Universal Properties
    Notice ID: 14-5727704
    22 Jun 2006 07:22:25 GMT

    Dear Sir or Madam:

    Please be advised that NBC Universal and/or its subsidiary and affiliated companies (collectively, NBC Universal) are the owners of exclusive rights protected under copyright law and other intellectual property rights in many motion pictures and television programs, including the title(s) listed below (the NBC Universal Properties). NBC Universal diligently enforces its rights in its motion pictures.

    It has come to our attention that Charter 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 the NBC Universal Property or Properties listed below, or portion(s) thereof, is taking place. We believe that the Internet access of the user engaging in this infringement is provided by Charter Communications or a downstream service provider who purchases this connectivity from Charter Communications.

    This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act. Depending upon the type of service Charter 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 motion picture(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, NBC Universal 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 NBC Universal Property or Properties in the manner described herein is not authorized by NBC Universal, 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 NBC Universal with respect to this matter.

    Please be advised that this letter is not intended to be a complete statement of the facts or law as they may pertain to this matter or of NBC Universal's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

    Please send us a prompt response indicating the actions you have takento resolve this matter, making sure to reference the Notice ID number above in your response.

    mailto:X?subject=RE%3A%20DMCA%20Notification%20Notice%20ID%3A%2014%2D5727704

    If you do not wish to reply by email, please use our Web Interface by
    clicking on the following link:

    http://webreply.baytsp.com/webreply...=14&commhash=f08e92eee7326b30e6ee6f4522921b9d

    Note: If your email program has inserted line breaks into either the
    email or web links above, you can copy and paste the entire link in to
    you email program, or favorite web browser, respectively.


    Very truly yours,


    Aaron Markham
    Director of Internet Anti-Piracy,
    Worldwide Anti-Piracy Operations
    NBC UNIVERSAL
    100 Universal City Plaza 1220/2
    Universal City, CA 91608
    tel. (818) 777-4876
    fax (818) 866-2155
    X

    *pgp public key is available on the key server at ldap://keyserver.pgp.com
    ** For any correspondence regarding this case, please send your emails to X and refer to Notice ID: xxxxx. If you need immediate assistance or if you have general questions please call the number listed above.
    Title: 40 Year-Old Virgin, The
    Infringement Source: BitTorrent
    Initial Infringement Timestamp: 22 Jun 2006 07:18:23 GMT
    Recent Infringment Timestamp: 22 Jun 2006 07:18:23 GMT

    So basically they got me on the upload side, which means they are fishing the torrents. This should not come as a surprise, but I thought torrents were a little more anonymous.
    Anybody else received one of these? Are there some settings I can change to eliminate the chance of this? Any software? I don't want it to become a big 'this s/w is better' forum;just wondering if there's an easy fix.
    And yes, i know it's illegal. I'll remind my nephew of this. Darned kids.
     
  2. PeterG969

    PeterG969 Regular member

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    has to be fake and if its not i would say you will probably get sued.
     
    Last edited: Jun 23, 2006
  3. svtstang

    svtstang Regular member

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    Ouch man, as interesting as it was to read that, its hella scary at the same time. Sorry to hear that man.
     
  4. PeterG969

    PeterG969 Regular member

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    i have a suspicion someone is puling your leg.The companies have bigger fish to fry
     
  5. TomMelee

    TomMelee Regular member

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    Peter, stop posting when you dunno wtf you're talking about bud.

    It's real, BayTSP are the biggest company hired by the MPAA/RIAA to track and find p2p users.

    Some things to know:
    1. You weren't using pg2, were you?
    2. You probably weren't d/ling from a private tracker, were you?

    Some things to be thankful for:
    1. They probably won't sue you, but they might.
    2. They'll only have a 1 second transaction history of you UPLOADING the file, not downloading it. You didn't transfer anything in 1 second, but good luck proving it.
    3. Charter didn't suspend your service. Often, they will. Additionally, they'll often disconnect you if they get another warning on you.

    Some steps to take: (optionally)
    1. Play dumb. Call them and act like a complete and total retard. "It's possible to download tv episodes? Where can I do that!! Do I get that as part of my cable package? Why are they threatening me, you're the cable provider!"..etc.
    2. Do nothing.
    3. Call and explain that your son/daughter just installed a wireless router and that you live in a crowded neighborhood. You took the email they sent you to the IT guy at work and he asked you if your wi-fi was secured, and you didn't know what that meant. Tell them you're paying him $100 to come to your house to secure it for you, because he says someone probably "leeched your connection" or "was wardriving and found you" and used your connection to download the file. You asked if that would slow down your connection, and he said yes, you were just about to call Charter and ask why it was so slow.
    4. Play dumb.
    5. Consider using this:
    http://tor.eff.org/eff/tor-dmca-response.html
    6. Go buy a used copy of the season of the show on DVD. Should you get sued (assuming the show wasn't new, but it probably was), you might have some degree of safety saying you wanted to keep your copy safe that you bought new but wanted to watch the episodes, and you read somewhere that backups of what you own are legal. (Still illegal to do, but might protect you from a jury.)

    Things to do FOR SURE:
    1. STOP DOWNLOADING. Don't download ANYTHING questionable for at least a couple weeks.
    2. DO NOT RESUME DOWNLOADING until you have MADE SURE you are AS PROTECTED AS POSSIBLE. Read FAQ's, download tutorials, ask questions.

    It's mostly a scare tactic on their part, however they ARE suing people. I personally have gotten 2 such letters in the past, once for software, once for a movie. Then, once I d/led something UNPROTECTED (oops), and called proactively to explain my wireless network had been compromized and I had kicked off the offending computer, but my idiot box intelligent router showed massive file transfer logs, but to say that it certainly wasn't me and had been remedied mid-transfer. In this case, I did NOT play stupid, I played NERD, and (duh), knew more big words than the tech help people.

    Anyway, post back if you have more questions or need more help.

     
  6. svtstang

    svtstang Regular member

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    Or you can just move out of the country, thats always an option:p
     
  7. philipman

    philipman Regular member

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    Why would you move out of the county for somthing like that? Odds are that it will blow over, I doubt that you would get sued most of the time it is settled out of court for a certain amount of cash. This is why I try to use privet trackers.
     
  8. svtstang

    svtstang Regular member

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    Bro, it was a joke, come on now.
     
  9. mark5hs

    mark5hs Guest

    thats strange. They usualy go after people that are uploadign lots of files.
     
  10. Niobis

    Niobis Regular member

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    I'm assuming you are using Charter Cable Internet...correct? If so I would suggest you get rid of that service provider! Try another! They are tracking what you do online...would that not violate the Privacy Act of 1995? I would look more into this and change your provider!
     
  11. svtstang

    svtstang Regular member

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    HUH? His ISP was notified by an outside agent of the illegal actvity, the ISP itself wasnt spying on him. I dont see how thats violating the law.
     
  12. rav009

    rav009 Active member

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    smiffff, Thats unlucky my friend, stuff like that happend's when your not careful and don't particualry know what your doing, I myself always have PG2 running when d/l'ing and HideIP Platinum when ever I'm not, TomMelee's previous post has some good advise, I'm sure it will blow over but for now lay low and keep your head down for a bit, you'll probally be asked to remove the material in the end (if your lucky), next time make sure you have a copy of PG2:

    http://phoenixlabs.org/pg2/

    That will filter out the IP's of anti p2p companys and the sort to keep you safe from stuff like this.

    Good luck, you'll probally need it :S
     
  13. celticfc1

    celticfc1 Regular member

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    Simple............... STOP using public Trackers there a hazzard !!!!!!!!


    @@ Tomeleeeeeeeee

    TOR cannot handle bit torrent protocol
     
    Last edited: Jun 24, 2006
  14. svtstang

    svtstang Regular member

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    I have asked this a few times but never really got the answer i was looking for. Why is a private tracker safer than a public tracker?
     
  15. TomMelee

    TomMelee Regular member

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    I never, once, ever recommended using Tor to route traffic. I recommended using the template for understanding the Safe Harbors of the DMCA, read closer.

    And private trackers are a degree safer...but only a degree, because they generally run some kind of blocklist as well, and also they ban anyone they discover to be an unfriendly.

    It's not foolproof though, so don't ONLY do this one step.
     
  16. tam2oo5

    tam2oo5 Guest

    Alright mate just seen your thread , quite scary if i may add, can some1 give me some advice on how to keep my line safe. i got PG2 but anything else outhere i should have

    Thanks people!
     
  17. celticfc1

    celticfc1 Regular member

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    I dont use any blocker software whats the point really ? i got encryption on in utorrent thats it.

    If your isp catch dling torrents tuff sh!t , too many people are paranoid man unless your uploading/downloading 100TB a week then worry but if your only doin 25gbs a week, like any one really gives a fu*k

    Or get yourself a server seed on a different pipe
     
  18. TomMelee

    TomMelee Regular member

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    HAHAHAAHAHAHAHAHHAHAHAHAHAHAHAHA.

    I think I just dropped my spleen.

    Nobody, and I mean NOBODY listen to what celtic just said.

    First off, torrent encryption doesn't do anything but make it so your ISP can't figure out WHAT is INSIDE the packets you are sending. You are STILL connected to a swarm for a SPECIFIC file, you are STILL connectable, and you are STILL sending AND receiving the file.

    The MPAA/RIAA don't care if you only transport 1KB of 1 file, you can still potentially be sued. Look at the dead lady who got sued, or the family without the computer. While many software companies don't have the resources to pay watchdogs to track down pirates of their software, several do. Any US movie release is bound to be watched, and you're bound to be caught one day. You may or may not be sued, but why not take 10 seconds to make it hard for them?

    Also, considering that it is now considered a federal wire crime to pirate intellectual software, with a massive prison sentence and a fine of $100,000 per instance (uploaded to 50 people, $5m!), I think I'll NOT listen to anything celtic just said, and PRAY THAT NO NEWBIES ACTUALLY THINK HE KNOWS WHAT HE'S TALKING ABOUT.

    Oh, and just a quick edit...it's not ISP's that catch you. Copyright protectors dl the torrent and run bots that record every IP connected to the swarm, whether or not they are currently connected to it. They then FORCE a connection to your IP to see if they get any data BACK from you. As soon as you send them 1 packet of whatever file, you're busted, because you're retransmitting pirated material. They then contact your ISP and threaten to sue them as well as you if your ISP doesn't do something about you.
     
    Last edited: Jul 7, 2006
  19. smiffff

    smiffff Member

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    Great info, Sir Melee. Does PG2 protect me or not? I ran it and noticed some interesting names on the 'blocked' list. Am i invisible, or are my chances just reduced? Thx again 4 the info.
     
  20. Jizmak

    Jizmak Regular member

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    Answer: No. Copyright gives the owner exclusive rights to reproduce, adapt, publicly distribute, perform and display their work. Nonetheless, the law allows "fair use" of copyrighted material. Fair use permits, in certain circumstances, the use or copying of all or a portion of a copyrighted work without the permission of the owner. Copyrighted works may be used for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. To decide whether a use is "fair use" or not, courts consider, in part:
    (1) the purpose and character of the use (including whether such use is of a commercial nature or is for nonprofit educational purposes);
    (2) the nature of the copyrighted work (giving creative works more protection than factual works);
    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole (including size and quality- i.e. Does the portion represent the "heart" of the work); and
    (4) the effect of the use upon the potential market for or value of the copyrighted work.

    Courts balance these factors, placing an emphasis on the fourth, however rulings have been unpredictable. Parody may be protected by fair use where the user is actually making a comment on or criticism of the copyrighted material, even if a profit is made from the use. Still, distributing copyrighted software will rarely be fair use because people will use those copies instead of buying the software from the legitimate vendor.
     
    Last edited: Aug 7, 2006
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