Go Back   Club CDFreaks - Knowledge is Power > International Chat: General Topics > Music Download, Peer to Peer (P2P) & Legal Issues


Commercial message



Music Download, Peer to Peer (P2P) & Legal Issues Discuss, Received copyright infringment in email at International Chat: General Topics forum; Hello I live in Canada I recieved an email from isp regarding a movie I downloaded complaining of the copyright infringment.The isp sent them an email to confirm they sent me an email.The isp policy is not to give out personal info.I am concerned what all this


Reply
 
Thread Tools
Old 24-10-2005   #1 (permalink)
New on Forum
 
Join Date: Aug 2005
Posts: 15
Received copyright infringment in email

Hello I live in Canada I recieved an email from isp regarding a movie I downloaded complaining of the copyright infringment.The isp sent them an email to confirm they sent me an email.The isp policy is not to give out personal info.I am concerned what all this means thanxs.
turkey gobbler is offline   Reply With Quote
Old 24-10-2005   #2 (permalink)
CDFreaks Resident
 
Join Date: Aug 2002
Posts: 1,940
Re: Received copyright infringment in email

Quote:
Originally Posted by turkey gobbler
Hello I live in Canada I recieved an email from isp regarding a movie I downloaded complaining of the copyright infringment.The isp sent them an email to confirm they sent me an email.The isp policy is not to give out personal info.I am concerned what all this means thanxs.
It means stop doing that, dummy.

Seriously, lay low for a while. This is the warning letter that your ISP sends you to make the MPAA happy. If you keep it up, they might suspend your account.
Gurm is offline   Reply With Quote
Old 24-10-2005   #3 (permalink)
CDFreaks Resident
 
Join Date: Aug 2004
Posts: 1,515
Re: Received copyright infringment in email

If this is a "slap on the wrist", cease and desist, then take it and be thankful.

The scenario:

You download something on P2P filesharing.

Since this also share the parts you have already got, your IP address is then noted by a copyright protection snooper and reported.

The complaint goes to your ISP, and (in "slap on the wrist" mode) is forwarded to you, so you stop.

IF aiming for more severe enforcement, but with the negative publicity that entails, then they would be demanding your details from the ISP.


Get caught a second time, and you could be up to your neck in it!
Matth is offline   Reply With Quote
Old 25-10-2005   #4 (permalink)
CDFreaks Resident
 
Mr. Belvedere's Avatar
 
Join Date: Jun 2001
Location: married
Posts: 14,669
Re: Received copyright infringment in email

I doubt email is a legitemate form of communication regarding jurisdictial matters.

Personally i would reply with a remark that i don't accept emails, but only accept signed original letters as the only form of communication regarding jurisdictial matters and ignore all other emails.

Then again, most ISP's are scared chickenshits that would just close your account.
__________________
I might be evil.

Want to make dvd movie backups? Take the 5-step
or the 2-step process. Fun, fast and free!
Mr. Belvedere is offline   Reply With Quote
Old 26-10-2005   #5 (permalink)
New on Forum
 
Join Date: Jan 2005
Posts: 22
Re: Received copyright infringment in email

Canadian ISP's don't reveal your information to anybody (unless you live in Quebec), because of the current strict privacy laws. The letter is a warning telling you that you've done something very naughty and they know, because somebody tracked your IP address.

If you read carefully in your Terms of Service document (Telus, Shaw, Rogers, etc. provide these online for your convenience), your ISP indicates to you that they can cut you off if you violate their TOS, by say... downloading things you shouldn't. So don't feel too secure thinking I'm Canadian, there's no RIAA up here, because your skating a very thin line.

Here's what to do:
- stop downloading TV episodes thinking its your right, because you missed it and you don't know how to work a VCR
- stop downloading movies and spend the 2 bucks renting the DVD
- stop downloading music, because the RIAA and CRIA don't have a sense of humour

If the above three things don't work for you:
- stop downloading with your current p2p client, becuase its obvious you don't know how to use it or your using the wrong one and they got your IP address and tracked you back to your ISP
tas69 is offline   Reply With Quote
Old 26-10-2005   #6 (permalink)
CDFreaks Resident
 
Join Date: Aug 2005
Posts: 974
Re: Received copyright infringment in email

Quote:
Originally Posted by turkey gobbler
Hello I live in Canada I recieved an email from isp regarding a movie I downloaded complaining of the copyright infringment.The isp sent them an email to confirm they sent me an email.The isp policy is not to give out personal info.I am concerned what all this means thanxs.
Your ISP did not send them personal info. The way it works is that you've been caught downloading what I think is a pirated movie or mp3. The Canadian version of the RIAA has logged your IP and traced you to your ISP.....your ISP traced it to your account so they sent you an e-mail along with a copy to whoever concerned, with your IP tagged - Your IP and e-mail are hardly personal info - much like your phone number, name and address which are public info.

The only way ISPs are required to provide info is from a court order.....

Since you are in Canada, from what I understand, they have strict laws in regards to P2P, which are illegal.....or something like that.

What ISP is it if I may ask ?
greg42 is offline   Reply With Quote
Old 26-10-2005   #7 (permalink)
CDFreaks Resident
 
Join Date: Aug 2005
Posts: 974
Re: Received copyright infringment in email

Quote:
Originally Posted by Mr. Belvedere
I doubt email is a legitemate form of communication regarding jurisdictial matters.

Personally i would reply with a remark that i don't accept emails, but only accept signed original letters as the only form of communication regarding jurisdictial matters and ignore all other emails.

Then again, most ISP's are scared chickenshits that would just close your account.
An e-mail IS a legitimate form of communication - In this case it is a friendly reminder from your ISP and he should be thankful. His ISP can suspend his account, in which case they would send him a written and signed letter as by using his connection to engage in illegal activity he has violated his acceptable use policy under copyright infringement. Now ISPs are fully aware what most broadband users do with their connection they just want to cover their arses and abide by the laws.

As long as the e-mail is clearly identified with a verified and valid source and contains contact information it is legitimate and legal.
greg42 is offline   Reply With Quote
Old 26-10-2005   #8 (permalink)
CD Freaks Junior Member
 
Join Date: Sep 2004
Posts: 80
Re: Received copyright infringment in email

i got one of these about a year ago, don't be too concerned, all it says is some anti-p2p IP logger caught your IP somewhere and notified your ISP. most likly its nothing unless you get a supena in the mail ^_^ but my isp disables service after two so-called infringements. just don't jump on anything new and try to use protowall / pg2
Kenrin is offline   Reply With Quote
Old 01-11-2005   #9 (permalink)
CD Freaks Member
 
Join Date: Mar 2005
Location: europe
Posts: 161
Re: Received copyright infringment in email

sue them for spaming!!!
this is an illegal email, threatening you. its not legal to blackmail, or threat people.
i am sure you can find a way to protect yourself.
johnhamler is offline   Reply With Quote
Old 01-11-2005   #10 (permalink)
CDFreaks Resident
 
Join Date: Aug 2002
Posts: 1,940
Re: Received copyright infringment in email

Quote:
Originally Posted by johnhamler
sue them for spaming!!!
this is an illegal email, threatening you. its not legal to blackmail, or threat people.
i am sure you can find a way to protect yourself.
OH PLEASE. Calm the fudge down. You have no legal defense when your ISP is kind enough to notify you that they caught you breaking both the law AND their terms of service. It's like when a policeman gives you a written warning - do you sue the police department for "threatening you" with a ticket next time they catch you? Well, judging from your response maybe you do.
Gurm is offline   Reply With Quote
Old 01-11-2005   #11 (permalink)
CDFreaks Resident
 
Mr. Horse's Avatar
 
Join Date: Nov 2004
Posts: 534
Re: Received copyright infringment in email

ISP's are partners in crime with people who illegally download copyright protected material, they know full well that it's one of the main reasons people want high speed Internet and market their services accordingly. They have no interest in enforcing copyright law, they simply word their ToS and send out these letters in order to cover their own asses.
Mr. Horse is offline   Reply With Quote
Old 02-11-2005   #12 (permalink)
CDFreaks Resident
 
ckin2001's Avatar
 
Join Date: Jan 2002
Location: Strongbadia
Posts: 3,408
Re: Received copyright infringment in email

Quote:
Originally Posted by Gurm
OH PLEASE. Calm the fudge down. You have no legal defense when your ISP is kind enough to notify you that they caught you breaking both the law AND their terms of service. It's like when a policeman gives you a written warning - do you sue the police department for "threatening you" with a ticket next time they catch you? Well, judging from your response maybe you do.
they didnt catch him breaking the law. someone on the side of the road watching cars go by yelled at the police officer, pointed to his car, and said "that guy was speeding a few days ago"
__________________
www.livingwithoutmicrosoft.org

last 5 cd's
Avril Lavigne - Whatever the new one is called
Lucky Boys Confusion - Throwing the Game
lostprophets - Start Something
Story of the Year - Page Avenue
Flaming Lips - Yoshimi Battles the Pink Robots



Don't let schooling interfere with your education.
-Mark Twain
ckin2001 is offline   Reply With Quote
Old 02-11-2005   #13 (permalink)
CDFreaks Resident
 
Join Date: Feb 2005
Posts: 2,140
Re: Received copyright infringment in email

Slight difference ckin, there is evidence that he has been doing it where as in the example you have given there is not. He was most probbly caught by one of the relevant organisations they contacted his ISP and his ISP contacted him mainly as Horse has said to cover their own arses. In case it goes to court they can turn around and say we warned him so they can't be named as co-defendants.

The TOS of mine says I get 3 warnings for an incident unless it is considered too bad (terrorism, harrasment, stalking, child porn that sort of stuff), I spoke to them and as far as they are concerned if I am doing such a thing and I am caught and they are informed each file would be classed as a seperate incident.

I love your reasoning Horse, AOL Time Warner, as in Warner Brothers, is in league with people downloadng their stuff illegally, I would love to see that one play out in court and I mean that it would be interesting to see. Don't forget a lot of these large organisations are tied to each other to some greater or lesser extent.
JayC30 is offline   Reply With Quote
Old 02-11-2005   #14 (permalink)
CDFreaks Resident
 
Mr. Horse's Avatar
 
Join Date: Nov 2004
Posts: 534
Re: Received copyright infringment in email

Most of them aren't though, not outside the US anyway. Besides, they're both arms of the same conglomerate with conflicting interests acting fairly independently of each other, so it's not as implausible as you're suggesting anyway.
Mr. Horse is offline   Reply With Quote
Old 06-11-2005   #15 (permalink)
CD Freaks Rookie
 
Join Date: Sep 2005
Posts: 44
Re: Received copyright infringment in email

Quote:
Originally Posted by Matth
If this is a "slap on the wrist", cease and desist, then take it and be thankful.

The scenario:

You download something on P2P filesharing.

Since this also share the parts you have already got, your IP address is then noted by a copyright protection snooper and reported.

The complaint goes to your ISP, and (in "slap on the wrist" mode) is forwarded to you, so you stop.

IF aiming for more severe enforcement, but with the negative publicity that entails, then they would be demanding your details from the ISP.


Get caught a second time, and you could be up to your neck in it!
IIRC it is currently legal to download content in Canada, so would this email have only been sent should the file be shared on his PC? Or does just downloading the file constitute the email?
nightsteel11 is offline   Reply With Quote
Old 07-11-2005   #16 (permalink)
CD Freaks Senior Member
 
riggits's Avatar
 
Join Date: Mar 2005
Posts: 380
Re: Received copyright infringment in email

are you using any P2P service? if so, consider stopping your uploads. Downloads are explicitly allowed by Canadian copyright law *if* you are doing it for private, non-commercial purposes.
__________________
Pentium D 930, Abit AW8, 1GB DDR2-5400
4x200GB WD SATA + 1x200GB Samsung SATA2
2x250GB WD SATA, 1x250GB Maxtor SATA
1xBenQ DW1650, 1xBenQ DW1640, 2xDW1620
+ 2 good power supplies
riggits is offline   Reply With Quote
Old 07-11-2005   #17 (permalink)
CDFreaks Resident
 
Join Date: Aug 2002
Posts: 1,940
Re: Received copyright infringment in email

Quote:
Originally Posted by nightsteel11
IIRC it is currently legal to download content in Canada, so would this email have only been sent should the file be shared on his PC? Or does just downloading the file constitute the email?
The propaganda campaign says it's illegal no matter what the LAW says.
Gurm is offline   Reply With Quote
Old 14-11-2005   #18 (permalink)
CD Freaks Member
 
Kyliefan001's Avatar
 
Join Date: Dec 2004
Posts: 153
Re: Received copyright infringment in email

Or you can try PeerGuardian!
Kyliefan001 is offline   Reply With Quote
Old 14-11-2005   #19 (permalink)
CDFreaks Resident
 
Mr. Horse's Avatar
 
Join Date: Nov 2004
Posts: 534
Re: Received copyright infringment in email

It's a fallacy to believe that PeerGuardian is going to make you immune to getting caught out, not to mention that it'll block many perfectly legitimate and safe peers at the same time, thus having the potential to decrease your download speeds.
Mr. Horse is offline   Reply With Quote
Old 14-11-2005   #20 (permalink)
CDFreaks Resident
 
Join Date: Aug 2002
Posts: 1,940
Re: Received copyright infringment in email

Quote:
Originally Posted by Mr. Horse
It's a fallacy to believe that PeerGuardian is going to make you immune to getting caught out, not to mention that it'll block many perfectly legitimate and safe peers at the same time, thus having the potential to decrease your download speeds.
Safer. That's all. Not "completely safe". Not immune. But safer.
Gurm is offline   Reply With Quote
Old 15-11-2005   #21 (permalink)
CDFreaks Resident
 
madmax's Avatar
 
Join Date: Feb 2003
Location: Scotland
Posts: 1,474
Re: Received copyright infringment in email

Tell them it was your grandmother and she wont do it again
__________________
PS2 DVD BACKUPS WITH ALCOHOL 120%
PS2 DVD BACKUPS WITH DVD DECRYPTOR
Fear can hold you prisoner-- Hope can set you free
madmax is offline   Reply With Quote
Old 23-11-2005   #22 (permalink)
New on Forum
 
Join Date: Nov 2004
Posts: 2
Re: Received copyright infringment in email

Yeah heh
suicidecorn is offline   Reply With Quote
Old 24-11-2005   #23 (permalink)
CD Freaks Member
 
Join Date: Mar 2005
Location: europe
Posts: 161
Re: Received copyright infringment in email

i use hide IP, and still have a 70ko download, I do not see any change when I spoof my Ip.
Not sure if it is safe or not, I am not downloading anything illegal anyway.

So why change your IP? to avoid spam mail, and spywares.
johnhamler is offline   Reply With Quote
Old 26-11-2005   #24 (permalink)
CD Freaks Rookie
 
Ender.Wiggin's Avatar
 
Join Date: Jan 2005
Posts: 45
Re: Received copyright infringment in email

No such thing as really hiding your IP address. They can still always trace you to your internet provider, which in turn knows who you are. I suspect that the only real way is to hide yourself is to tap into someonelse's internet conenction, which I think is a worse offense. And changing the internet provider will not resolve the problem, he was caught and his identity can be reveled if the one complaining/pressing charges decides to pursue the matter further.
Ender.Wiggin is offline   Reply With Quote
Old 28-11-2005   #25 (permalink)
CD Freaks Rookie
 
Join Date: Sep 2004
Posts: 47
Re: Received copyright infringment in email

I wouldn't worry about it, as long as you don't say anything incriminating.

The onus of proof in any legal action is for them to show that you were the person behind the IP downloading prohibited content. Not easy.

Your ISP can, of course, decide to terminate your contract with them if they think you're too much of a liability.
arsonist is offline   Reply With Quote
 
Reply


If you can't find where you are looking for, then become a member and get an answer fast! We have thousands of people online every moment of the day to help you! Click here


Can't find where you are looking for? Search our knowledgebase!
 



Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Haven't received Reg Key or any email McGarnicle AnyDVD 7 23-08-2005 00:10
just received 4163B, what should I do now? CKS LG Burner 19 08-06-2005 00:14
received error msmal CloneDVD 3 18-02-2005 17:55
Have i been ripped-off or should i accept what i received? Bubble_Boy Blank Media 8 17-05-2004 23:41
instant copy uk received email to buy colinscoble Copy Movie 1 23-02-2003 20:30


All times are GMT +2. The time now is 03:32.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.1.0