Copyright Infringement

Posted: Wed Oct 12, 2005 1:43 pm

Well guys.. dunno what to say.. I live in Canada, and use Telus, and just received an email regarding about a complaint that they received. I'll post the text for you all to look. For the time being, I'm halting on downloads because it is obvious I was being monitored for the last month.
And I don't know how they found out about this stuff. Any one wanna throw me some answers? thanks. What may happen from this? This only appears to be a warning, but I don't know. I've just replied to them that I was unaware of the privacy policy and won't do it again. What next?

We are writing to inform you that TELUS has received a complaint that alleges
that your TELUS Internet Service account has been involved in copyright
infringement. This complaint was traced back to your account based on the IP
address used at the time of this activity.

Please note that TELUS has not provided any of your personal account
information to the complainant. It is TELUS' policy to disclose such
information to a complainant only if ordered to do so by a court of law, which
has not happened to date.

We do, however, want you to be aware that this complaint was received by us
and offer you the following information that may be of help to you:

If you are unaware of this type of activity originating from your
account, you may wish to inquire with others who have access to your account.

If you are using a dial-up account, change the account password to
ensure that only authorized users have access to it.

You may also want to check your system for viruses, which may explain
why this sort of activity is originating from your account.

If you are not aware of our Acceptable Use Policy, which strictly prohibits
use of our Service to infringe the copyrights of others, you may review at
http://www.mytelus.com/internet/nv/aup.do. Please be aware that violation of
this policy could result in disconnection of your Service.

Below is an excerpt from the complaint that we received regarding your
account. We include it in this notice in an effort to help you identify the
activity that is in question.

Sincerely,

Ken

Internet Abuse Team
Consumer Customer Operations
TELUS Communications
abuse@telus.com
http://www.telus.com/internetabuse/

*Please include the original email in any replies.

* Please include the original email in any reply.

Posted: Fri Oct 14, 2005 12:45 pm

An infringement notice to an anonymous user below. This thread stickied for your educational purpose of what tickles lawyers.

Quote:

From: Cox Abuse Tracking System
Date: 2005/10/11 Tue AM 04:31:32 EDT
To: anon7@cox.net
Subject:[10.11.2005 #] Notice of Copyright Infringement

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. Â§ 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. Â§ 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.

For answers to frequently asked questions, please follow the link below:

http://support.cox.com/sdccommon/asp/contentredirect.asp?sprt_cid=c2a30ae8-d706-4f6e-beb9-618ea54d1791

Sincerely,

Cox Customer Security

--- Original Message ---

------=_NextPart_0020b25c02075b07d5
Content-Type: text/plain; charset="utf-8"
Content-Transfer-Encoding: quoted-printable

=EF=BB=BFTuesday, October 11, 2005

Cox Communications, Inc.
1400 Lake Hearn Drive, NE
Atlanta, GA 30319 US

RE: Unauthorized Distribution of the Copyrighted Television Program Entitl=
ed
Rome

Dear DMCA Agent:

We are writing this letter on behalf of Home Box Office, Inc. ("HBO").

We have received information that an individual has utilized the above-refe=
renced IP address at the noted date and time to offer downloads of copyrigh=
ted television program(s) through a "peer-to-peer" service, including such =
title(s) as:

Rome

The distribution of unauthorized copies of copyrighted television programs =
constitutes copyright infringement under the Copyright Act, Title 17 United=
States Code Section 106(3). =20

Since you own this IP address, we request that you immediately do the follo=
wing:

1) Disable access to the individual who has engaged in the conduct describe=
d above; and
2) Take appropriate action against the account holder (if other than the in=
dividual whose access has been disabled) under your Abuse Policy/Terms of S=
ervice Agreement.

On behalf of HBO, owner of the exclusive rights to the copyrighted material=
at issue in this notice, we hereby state, that we have a good faith belief=
that use of the material in the manner complained of is not authorized by =
HBO, its respective agents, or the law.

Also, we hereby state, under penalty of perjury, under the laws of the Stat=
e of New York and under the laws of the United States, that the information=
in this notification is accurate and that we are authorized to act on beha=
lf of the owner of the exclusive rights being infringed as set forth in thi=
s notification.

Please direct any end user queries to the following address:

<some>
Legal Department
Home Box Office, Inc.
1100 Avenue of the Americas
New York, NY 10036
212.512.1780 =E2=80=93 phone
212.512.5854 =E2=80=93 fax
=E2=80=93 email

Kindly include the Case ID #, also noted above, in the subject line =
of all future correspondence regarding this matter.

We appreciate your assistance and thank you for your cooperation in this ma=
tter. Your prompt response is requested.

Respectfully,

<some>,
Director of Enforcement
MediaSentry, Inc.

------------------------------
Infringement Detail:
Infringing Work: Rome
Filepath: Rome.S01E07.HR.HDTV.AC3.5.1.XviD-NBS.avi.torrent
Filename: Rome.S01E07.HR.HDTV.AC3.5.1.XviD-NBS.avi
First Found: 10 Oct 2005 21:29:55 EDT (GMT -0400)
Last Found: 10 Oct 2005 21:29:55 EDT (GMT -0400)
Filesize: 715,004k
IP Address: <some>
IP Port: 16955
Network: BTPeers
Protocol: BitTorrent

Posted: Fri Oct 14, 2005 12:55 pm

This is why things like peerguardian are generally a good idea Wink

Posted: Fri Oct 14, 2005 1:20 pm

Peerguardian? What's that?

I have some questions:

With this above infringement notice, what are my options now? I could just stop using Kazaa for good, and that should stop further notices from coming. It's obvious that they could not sue, but I have decided to halt what I'm doing, because I'm scared lol.

Any ideas guys?

Posted: Sat Oct 15, 2005 1:50 am

Kazaa and the shaman networks have recently been found guilty of various and multiple copyright infrigements leading from illegal activity on their servers. There up for millions of dollars!

As I understand it, these servers are run by a couple of guys in Australia who cannot conceviably pay the amount there being sued for ,
So (and this is just speculation) the possibilty that they might make a deal to lay blame on the individual users of programs like Kazaa on their servers is very real. Such as monitoring , tracing and and charging people for copyright infringement.

Don't use Kazaa!

Posted: Sat Oct 15, 2005 3:14 am

Can someone give me a link on were i can get peer guardian, it would be muchas appreciated as i dont particularly want to get sued or lose the ability to download lots of cool stuff!

Thanks

Nuko

Posted: Mon Oct 17, 2005 7:56 am

http://netforbeginners.about.com/od/peersharing/a/peerguardian.htm

Posted: Sun Nov 27, 2005 12:58 am

The DIRECT link to PeerGuardian is:
http://phoenixlabs.org/

It's FREE... and there are NO strings attached to it either. IF it's in your financial means.... donate to them. They ARE providing you with REAL computer security/privacy.

Before you click on another link, and are just tempted to find this,,, do that..... go and get the PeerGuardian... NOW... You'll thank all who have told you about it. Be leary about links that DON'T take you DIRECTLY to the source. You may download from another source, and it'll be bundled with their crap added to it. IF it's FREE..... go DIRECTLY there. No need to download from another link.

I can get into a long discussion about this topic, but right niow.. I'd like to see people better prepared for what is possibly happening to their computers right now,, because they have no protection.

If you're downloading now on the internet........ you're being tracked, or at least the tracking process has beed initaiated on you. Get PeerGuardian.

IT will show you the ip's, domains, and others that are trying to track your id while you're on the internet. I'll GUARANTEE that many sites you go to right now, you won't AFTER you install and run PeerGuardian.

It's not about evading capture, it's about preserving privacy.

Get PeerGuardian,,, and you'll surf much more comfortably.

Posted: Sun Nov 27, 2005 11:56 am

doesnt azureus have a built in guardian to block all these government people trying to do u in for dwnloading illegal stuff? Cool

Posted: Tue Nov 29, 2005 12:27 am

mub6 wrote:

doesnt azureus have a built in guardian to block all these government people trying to do u in for dwnloading illegal stuff? Cool

I'm not sure about the azureus. I haven't tried it yet. I'll check it out though.

If you are using something that has built-in protection, you are safer than without it. PeerGuardian is really good. I'm so impressed with it because it has protected me so much. Right now on the list (I update at least twice a day), there are over 816 million ip's on the "blocked" list. Trust me, get it and you'll be glad you did.

Posted: Wed Mar 01, 2006 12:56 pm

****, i just received a second copy of this. I forgot to run Peerguardian, so I have no idea when I was traced.

That's twice. What should I do? I was using KCeasy, but the network was Ares that found me.

Help!

Posted: Wed Mar 01, 2006 2:02 pm

i tried to get that peer guardian and apparntly i cant use it cause i run off a dual core processor i havr internet security and how can i find a different version cause there invadin my privacy if there monitoring me

Posted: Thu Mar 02, 2006 7:11 am

mystary wrote:

i tried to get that peer guardian and apparntly i cant use it cause i run off a dual core processor i havr internet security and how can i find a different version cause there invadin my privacy if there monitoring me

You might need this one,
PeerGuardian 2 for Windows XP/2003 x64 Edition 1.07MiB
http://prdownloads.sourceforge.net/peerguardian/pg2-050918-x64.exe?download Very Happy

Address found at "http://phoenixlabs.org/pg2/" Very Happy

Posted: Tue Mar 14, 2006 3:29 am

mub6 wrote:

doesnt azureus have a built in guardian to block all these government people trying to do u in for dwnloading illegal stuff? Cool

Its a plugin for azureues, and its called Peersafe , uses the same blocklist as Peerguardian, though I actually use both, the plug in and Peerguardian, as you never know if one breaks you have another spare. Wink

Posted: Sat Apr 22, 2006 8:59 am

Same thing happened to me with Bell sympatico....the reason is that well my brother who is connected to my network...downloaded a torrent file with the firewall off. Also the file downloaded only 10mb and then did not work anymore. I think it was made for tracking....

The idea is that you have to keep your firewall on at all times. And before downloading torrents ... take a look at the files inside.

P.S.
same thing happened to my friend and they cut off his service...he called them and said that there was a problem with his service and they re-connected him...