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Wow this is scary

PostPosted: Wed Jan 07, 2009 3:16 pm
by farquezy
Well today i went to get on the computer and my internet connection was disabled so i call my provider.
They tell me my IP was banned by PARAMOUNT FOR COPYRIGHT INFRINGEMENT.
This scared me so much, but thankfully they just warned me and havent charged anything.
Apperently i have uploaded "The last Kiss" which is most likely my brother, and WE NEVER upload things, so how could this have happened? Does it automatically upload?
My like literally sh1*ing my pants over this, i dont want to be fined for this.
Also, downloading is legal, only uploading is illegal, correct? Because thats what the person told me

and here is the email i received for those interested
Dear Insight Broadband Customer,

Insight monitors network usage to ensure that all Insightbb.com customers consistently receive the highest quality service available, as detailed in our Acceptable Use Policy.
You may not be aware that your modem has been transferring data that is in violation of the Digital Millennium Copyright Act of 1998 ("DMCA"). Now that you know, we request your cooperation. Insight has a legal obligation to follow-up on any formal copyright infringement request. A request must follow the set guidelines set forth by the DMCA. Insight has set forth the following provisions which can be found on the Insightbb.com Acceptable Use Policy (see sections v and vi.) which explains that you may not:
v. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise which is protected by copyright, patent, trademark or other proprietary right, without obtaining permission of the owner; User is also solely responsible for file port security on the User's system, including the closing file ports that may allow unauthorized access to works or material stored on the User's system;
vi. copy, distribute or sublicense any software provided in connection with the Service by Insight or any third party, except that Residential Customer may make one machine copy of each software program for back-up purposes only and one printed copy of Service features for personal, internal and non-commercial purposes and not for distribution to other third parties; Small Business Customers may make one machine copy of each software program for each authorized Users' system for back-up purposes only and may make one printed copy for each authorized User of Service features for internal Service use purposes and not for distribution to outside third parties;

COPYRIGHT CLAIMS

INSIGHT POLICIES FOR CONSIDERING COPYRIGHT INFRINGEMENT CLAIMS MADE TO INSIGHT BROADBAND SM SERVICES.

1. Copyright Claims. Insight Midwest, L.P. ("Insight") requires the Complaining Party to substantiate a copyright claim regarding our Insight Broadband service and/or website by providing Insight with the following information in writing to:
Name of Designated Agent: Sherman Hand, Manager of Security.
The written notice must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 ("DMCA")

2. Procedure. Upon receipt of a notice meeting the DMCA requirements, we will take such action as is appropriate under the DMCA. This may include forwarding the Complaining Party's written notification to the alleged infringer (hereinafter "Subscriber") and removing or disabling access to material claimed to be infringing. In addition, we have adopted a policy where we may, in circumstances that we in our discretion deem appropriate, terminate the accounts of subscribers who are repeat infringers.

3. Counter Notification. A Subscriber who disagrees with the removal or disabling of access to materials may provide a Counter Notification by providing a written communication to Insight's Designated Agent identified in Section I above. See 17 USC Section 512 for counter-notice requirements.

4. Notification to subscribers and account holders. It is Insight's policy to provide for the termination, in appropriate circumstances, of Insight's subscribers and account holders who are repeat infringers of copyrighted works, trademarks or any other intellectual property.

We have found that most copyright infringement takes place from using Newsgroups or using online file sharing programs such as KaZaa, BitTorrent and others. *Note: using these programs is not wrong but there are dangers that are associated with them*

Stay Informed!
Learn more about Internet security and how to best protect your PC from online threats. The following links provide a wealth of information including a glossary of the more common Internet security terms, troubleshooting tips, how to report Internet abuses and much more.

PostPosted: Wed Jan 07, 2009 3:52 pm
by .Yunoko
It isn't illegal to upload or download, thats what the internet is for. But it depends on what you up/down, and if (I don't know if you are) a person who downloads songs/movies regularly they could have put you on there watch list and saw that you uploaded it, and that could be the reason for the letter. But I wouldn't worry to much just watch what you do. Also the worst they can do is shut off your internet, they can't sue you anymore (the music company etc etc) they will give you like 3 warnings they you are out.

PostPosted: Wed Jan 07, 2009 4:58 pm
by farquezy
Yah i got one warning.
I only got one warning but are you SURE they cant sue me?
and is downloading ok, is it only uploading that is illegal?

and we have no idea how this happened, we never upload anything, does anyone know how this can happen?

PostPosted: Wed Jan 07, 2009 5:26 pm
by brentbizzle
I guess you could technically be sued for copyright infringement, but it's unlikely. I know the RIAA has officially stated they will stop pursuing endusers, but it wasn't the RIAA that made the claim in your case, it was paramount or whatever.

Are you downloading illegal content at all? If so, what program are you using?

PostPosted: Wed Jan 07, 2009 5:39 pm
by que13x
HA! I'm glad it happened! I hope David Rockefeller sticks it in your A$$ for stealing from him!

PostPosted: Wed Jan 07, 2009 6:15 pm
by D3ViLsAdvocate
Thats why you use peerguardian, and use invite only trackers.

PostPosted: Wed Jan 07, 2009 6:35 pm
by AdventWolf
Wow that's crazy, I never thought that would happen. It seems you are in the clear for now as long as you or your bro don't mess with the stuff again.

PostPosted: Wed Jan 07, 2009 6:46 pm
by crait
Hi!
And yes, downloading certain material is against the law if you don't own the property physically or paid properly for the electronic version.
Uploading stuff like that IS NOT!!!! against the law.
Let's say you and your friend both own "Backyard Chickens 2: Revenge of the Ravage Racoon" on DVD, you both bought the DVD's from Wal-Mart or whatever, you both would be allowed 1 copy of the movie electronically if something where to happen to your physical DVD such as it getting scratched up by your XBox or getting ran over by a crazy old lady.
If your friend's gets stolen, he still is entitled to an electronic copy of the movie, but listen to this: Let's say he doesn't have a DVD drive on his computer. Let's say he has a Mac Book Air. He couldn't have possibly made an electronic version from his original DVD, so he can legally download a copy of it. (Same thing with GBA games and such.)
You could legally upload a copy of your video online so that he can download his copy which he is legally entitled to, which he legally purchased.
Nothing fraudulent about it.

PostPosted: Wed Jan 07, 2009 6:56 pm
by brentbizzle
There is actually no clear law on the books about the legality of downloading/uploading/copying. In the past it was legal to own a backup of software and other media you legally purchased. But with more recent DRM and copyright, that one legal copy has become illegal. There are conflicting laws and no clear 'yes it's ok' or 'no it's not' anymore.

Chances are no one's going to go after you for downloading/uploading a movie. If they did though, you bet they're gonna have some legal backing to show you it was illegal when it goes to court. Everyone knows it's wrong, and you take a risk when you download/upload. But legality aside, ISP's ARE going to start doing something soon about downloading. So be careful.

PostPosted: Wed Jan 07, 2009 7:55 pm
by crait
If McCain won the election, he was going to allow the government to govern ISP's so that certain material such as legal back-ups can be taken away from us. Thousands of sites wouldn't be accessable, and billions of E-Mails would be allowed to be confiscated and read without your permission.

PostPosted: Wed Jan 07, 2009 7:55 pm
by TheOriginalToxxy
omg this happend with me i downloaded a PSP game illigally and cogeco was all over my @$$ about it so ive only played echocrome for about 5 months lol

PostPosted: Wed Jan 07, 2009 7:55 pm
by TheOriginalToxxy
crait wrote:If McCain won the election, he was going to allow the government to govern ISP's so that certain material such as legal back-ups can be taken away from us. Thousands of sites wouldn't be accessable, and billions of E-Mails would be allowed to be confiscated and read without your permission.
OBAMA OBAMA OBAMA!

PostPosted: Wed Jan 07, 2009 8:01 pm
by farquezy
D3ViLsAdvocate wrote:Thats why you use peerguardian, and use invite only trackers.
what are those and how do i do that?

My brother was using limewire, i use utorrents.
It was his fault, he said he doesnt even know how it was uploaded because he never uploaded anything.

What can they do to me? i heard after 3 warning they can ban my IP address.
I seriously cant afford movies and if i cant download em then im screwed.

Please give me tips on how to avoid this and what is the worst they can do to me? So basically tell me how to avoid this, and stopping is NOT option, i fight the system, im a rebel and i will not give into their demands. LOLZ :D

But DOWNLOADING movies is considered illegal? like millions of people do it WTF!!!

F#ck that bastard Rockefeller que, he ownes everything :( lol have you read his book where he talks about decreasing the worlds population? crazy bastard

PostPosted: Wed Jan 07, 2009 8:15 pm
by farquezy
SURPRISE
Viacom owns paramount, now who could have guessed that(sarcasm)

Why is Viacom so into ruining peoples lives? and who owns Viacom i cant find that information

PostPosted: Wed Jan 07, 2009 8:24 pm
by que13x
farquezy wrote:F#ck that bastard Rockefeller que, he ownes everything :( lol have you read his book where he talks about decreasing the worlds population? crazy bastard


I didn't read the book butt I saw the video of him saying it. Crazy bastard. The crowd was in shock when he let it out too I don't think anyone clapped.

Sumner Redstone owns Viacom.

http://en.wikipedia.org/wiki/Sumner_Redstone