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Discussion: General Forums / General Discussion - Holy crap! I got a DMCA notice from my ISP! - I woke up today and I checked my Optimum Online webmail account for the first
  1. #1

    Boomstick's Avatar

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    Exclamation Holy crap! I got a DMCA notice from my ISP!

    I woke up today and I checked my Optimum Online webmail account for the first time in about a week only to see an email from Optimum Online that read: WARNING: Copyright Infringment Notification. After I put on a new pair of pants I read it and it said:
    Code:
    Cable Modem Mac: *****
    REF ID:      *****
    
    Dear *****,
    
    We are writing as a courtesy to let you know that we have received
    notification from one or more owners of copyrights claiming that their
    work has been transmitted over the Internet from your account without
    their permission.  Copyright owners may include motion picture studios,
    the recording industry or others who produce or distribute legally
    protected material.  (Please see enclosed notice(s)).  We are concerned
    that either you or a person with access to your account may be unknowingly
    participating in certain file sharing or server-related activities that
    led to this complaint. 
    
    As you may recall, the Optimum Online Terms of Service posted at
    www.optonline.net require compliance with all applicable laws and
    specifically prohibits the use of the Optimum Online system for copyright
    infringement.  
    
    We consider you a valued customer, so we wanted to let you know that if
    the copyright holder pursues this claim, or if there are additional
    claims, it could lead to legal action against you.  We may be required by
    law to release private information about you and to suspend, or even
    terminate, your service.  We want to help you prevent this from happening.
    
    In order to assist you in your future use of our service, we encourage you
    to visit www.optonline.net/copyright for tips and guidelines that we hope
    will give you all the information you need to avoid further action on this
    matter or on other matters.
    
    We regret having to send notices like this, and we do not wish to alarm
    you unnecessarily, but we have a responsibility to advise you of any
    notices concerning your account.
    
    If you have any questions about our Optimum Online policies, please feel
    free to contact us at the Customer Service Center, 516-803-9311.  We
    appreciate your business, and look forward to providing you with
    excellence in broadband service for many years to come.
    
    
    Regards,
    *****
    [His official title]
    Cablevision Systems Corporation
    
    
    [-------Copy of Complaint------]
    From: universal-studios-no-reply@copyright-compliance.com
    
    Received: 2005-06-27 21:13:05
    Subject: DMCA Notification Notice ID: 14-1218253
    
    
    
    -----BEGIN PGP SIGNED MESSAGE-----
     Hash: SHA1
     
     Re:  Unauthorized Use of Universal Motion Pictures
     Notice ID: 14-1218253
     27 Jun 2005 23:23:21 GMT
     
     Dear Sir or Madam:
     
     Universal City Studios Productions LLLP and its affiliated companies
    (collectively, "Universal") are the exclusive owners of copyrights in many
    motion pictures, including the motion pictures listed below.
     
     It has come to our attention that Optimum Online 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 Universal's motion picture(s) listed below is
    taking place.  We believe that the Internet access of the user engaging in
    this infringement is provided by Optimum Online or a downstream service
    provider who purchases this connectivity from Optimum Online. 
     
     This unauthorized copying and distribution constitutes copyright
    infringement under Section 106 of the U.S. Copyright Act .  Depending upon
    the type of service Optimum Online 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, 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 motion pictures
    in the manner described herein is not authorized by 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 Universal 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 Universal's positions, rights or remedies, legal or equitable, all
    of which are specifically reserved. 
     
     All user correspondence regarding this notice should be sent to:
    [URL removed by me]
    
     ISPs may use this email address,
    [URL removed by me],
    or the contact info below regarding this notice.  Please make sure the
    Notice ID is in the subject line of any correspondence.
     
     Very truly yours,
     *****
     Director of Internet Anti-Piracy,
     Worldwide Anti-Piracy Operations
     NBC UNIVERSAL
     100 Universal City Plaza 2160-7E
     Universal City, CA  91608
     tel.  (***) ***-****
     fax  (***) ***-****
     antipiracy@*****.com
    For those not in the know, Optimum Online is a broadband (cable) IPS in New York. I'm pretty satisfied with them so far, aside from them capping my upload in the past for what even I will admit to being abuse.
    It's long but basically, it says that Universal Studio's anti-piracy gestapo believes that I was uploading "Army of Darkness" on the fasttrack network (used by file sharing apps like Kazaa, Shareaza etc.). It seems pretty scary as I pretty much crapped myself the second I saw it, but apparently I'm not being sued. It's a notice that says I can not upload copyrighted material, blah blah blah. It's just a warning, but it sure scared the hell out of me, so as it stands I'm not getting involved in any file sharing.

    Remember, it's not the download, it's the upload. Be careful where you get those l337 w4r3z from kiddies.

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  3. #2

    CingularDuality's Avatar

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Quote Originally Posted by Boomstick
    It's long but basically, it says that Universal Studio's anti-piracy gestapo believes that I was uploading "Army of Darkness" on the fasttrack network (used by file sharing apps like Kazaa, Shareaza etc.). It seems pretty scary as I pretty much crapped myself the second I saw it, but apparently I'm not being sued. It's a notice that says I can not upload copyrighted material, blah blah blah. It's just a warning, but it sure scared the hell out of me, so as it stands I'm not getting involved in any file sharing.

    Remember, it's not the download, it's the upload. Be careful where you get those l337 w4r3z from kiddies.
    Not that I want you to say anything to get you in trouble, but, umm, was the letter way off base, or was it something you might expect to get?

    I'm too paranoid to participate in anything like that anymore.... I'm going back to ripping off BMG and Columbia House with their introductory offers and retention offers!

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    Boomstick's Avatar

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    Talking Re: Holy crap! I got a DMCA notice from my ISP!

    Well let's just say at some point I may or may not have possibly accidentally downloaded a movie possibly using a program like Kazaa.

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    Re: Holy crap! I got a DMCA notice from my ISP!

    If they are not seeking civil action via the lawsuit then you should be okay....unless....have you been selling them out of the trunk of your car at the 7-eleven? Then I would be worried more about the Federal Agents that might show up at your door ). The last I recall it is five years and 250K per violation???? I don't recall any recent movie pirates going to jail though )

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  9. #5

    CingularDuality's Avatar

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Quote Originally Posted by Enigma
    Anyway, sorry your ISP is being a bitch. Just be more careful.
    How is his ISP doing anything other than what they should be doing? Pirating movies, music and other software is wrong and illegal. What would you have them do?

    Nevermind... I had to delete your post, as part of it promoted piracy, which is absolutely forbidden at TacticalGamer. If you want me to repost it with just the piracy promotion removed, let me know.

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    Re: Holy crap! I got a DMCA notice from my ISP!

    we have received notification from one or more owners of copyrights claiming that their work has been transmitted over the Internet from your account without their permission.
    It's like Bruce Campbell himself ratted you out!

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  13. #7

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Don't worry too much about it. Take it as a warning. If it was important, you would have gotten something in the mail instead of an email.
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    Re: Holy crap! I got a DMCA notice from my ISP!

    It's still scary though, even if he didn't actually get sued. It would certainly make me think twice about downloading movies and games on p2p programs.

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    Re: Holy crap! I got a DMCA notice from my ISP!

    If you get a letter like this, take it to heart. It means that one of the groups the MPAA is using to sniff out piracy on p2p networks was looking at the ip's downloading/uploading that particular file at the time you were doing it. They send those notices when they log your IP conducting such activity but deem it not large enough for immediate legal action (IE: they caught you doing it once or twice, and it would cost more to sue than having you arrested is worth) but now your account is on their sh*tlist, and if they log you doing enough of it to build a significant case they will sue (or so they have you believe, anyway)
    Up to you if you want to chance it or not.

    At any time, any person/group can look at any particular download and find out what IP's are distributing how much. (this is ESPECIALLY true for torrent programs).
    Last edited by Spyder; 07-04-2005 at 02:11 PM.
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  19. #10
    T_BEAR
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    Re: Holy crap! I got a DMCA notice from my ISP!

    I have gotten one of those letters before. I too crapped my pants. By the looks of it they spam that letter to everyone's isp that is downloading/ uploading the file they are monitoring. Then the isp just forwards it to you. My isp doesn't care what I do with my connection so they didn't take it away from me.

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  21. #11

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Quote Originally Posted by T_BEAR
    I have gotten one of those letters before. I too crapped my pants. By the looks of it they spam that letter to everyone's isp that is downloading/ uploading the file they are monitoring. Then the isp just forwards it to you. My isp doesn't care what I do with my connection so they didn't take it away from me.

    they dont care now, but when the RIAA or MPAA start looking for money they will turn you in at the drop of a hat.

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    AntiVisual's Avatar

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Heh, welcome to my world.

    I run http://www.hawtalta.com

    Ive had a few Cease and Desist's from assorted people for videos on my site ahaha.

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  25. #13

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    Re: Holy crap! I got a DMCA notice from my ISP!

    Quote Originally Posted by Spyder
    At any time, any person/group can look at any particular download and find out what IP's are distributing how much. (this is ESPECIALLY true for torrent programs).
    Quoted for truth. A lot of people think they can hide behind a curtain on anonymity because they're on the internet, but it's relatively easy to find out who's doing what. This is especially true for people who are paid by organizations like the MPAA and RIAA to do this sort of snooping.

    Needless to say I've uninstalled any file sharing programs I had (except for my bittorrent client, which I actually use for legal purposes).

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    Re: Holy crap! I got a DMCA notice from my ISP!

    I have a question to Boomstick and his original post: I was wondering. since it has been a while since your original post, if anything has unfolded regarding your notice. I wanted to know if it was truly a "warning"?

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  29. #15
    AzzMan
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    Re: Holy crap! I got a DMCA notice from my ISP!

    Hmm... I have a very odd stance on this whole downloading thing... and I don't think I'm willing to take to it right here. Not starting a war.

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