Warner Bros and scare tactics

[NZane]

A message I got from my IP the other day....

====

This is your computer. These people are serious, it is illegal to share
copyrighted material, you may be subject to severe fines. Please remove Kazaa and all pirated copyrighted files from your computer.

----- Original Message -----
From: "AT&T Office of Legal Compliance" <attsilc@att.net>
To: <mcm@mcmsys.net>
Sent: Monday, December 15, 2003 10:09 AM
Subject: Case ID 1361587 - Notice of Claimed Infringement
[121503-034908-6615]

Greetings,

The AT&T IP Services Office of Registered Copyright Agent has received the attached notice of alleged copyright infringement that appears to involve an IP address assigned to you or one of your customers or users.

We are forwarding this notification to you so that you will take appropriate action.

For your information, the AT&T Policy for Considering Copyright Infringement Claims under the Digital Millennium Copyright Act (DMCA) and the AT&T Repeat Infringer Policy is accessible via this link :

http://www.att.net/general-info/claims.html

Please contact the notifier directly if you have any questions about the attached notice. Please contact your counsel if you have any questions about the DMCA.

Please contact me if you have any other questions.

Donald L. Elsner
AT&T Internet Services
Office of Registered Copyright Agent
919-319-5758


From: copyright@mediasentry.com
Subject: Case ID 1361587 - Notice of Claimed Infringement
[121503-034908-6615]

Monday, December 15, 2003

RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled Matrix Revolutions, The

We are writing this letter on behalf of Warner Bros. Entertainment Inc.

("Warner Bros.").

As you may know, Warner Bros. is the holder of rights under copyright, including exclusive distribution rights, in and to the motion picture(s) listed above.

No one is authorized to perform, exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work(s) without the express written permission of Warner Bros., which permission Warner Bros. has not granted to XXX.XXX.XXX.XXX.

We have received information that an individual has utilized the above-referenced IP address at the noted date and time to offer downloads of the above-mentioned work through a "peer-to-peer" service.

The attached documentation specifies the location on your network where the infringement occurred, the number of repeat violations recorded at this specific location, as well as any available identifying information.

The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.

Since you own this IP address, we request that you immediately do the following:

1) Disable access to the individual who has engaged in the conduct described above; and
2) Terminate any and all accounts that this individual has through you.

On behalf of Warner Bros., owner of the exclusive rights to the
copyrighted material at issue in this notice, we hereby state, pursuant to the Digital Millennium Copyright Act, Title 17 United States Code Section 512, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.

Also pursuant to the Digital Millennium Copyright Act, we hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that MediaForce is authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.

Please contact us at the above listed address or by replying to this email should you have any questions.

We appreciate your assistance and thank you for your cooperation in this matter. In your future correspondence with us, please refer to Case ID 1361587.

Your prompt response is requested.

Respectfully,

Mark Weaver,
Director of Enforcement
MediaSentry, Inc.
(212) 925-9997

------------------------------
Infringement Detail:
Infringing Work: Matrix Revolutions, The
Filename: __INCOMPLETE___Matrix 3 Revolutions MSVCD 2 von 2 by
Berliner68e88c5c74651e8f2d5b95731261586920641648.m pg
First Found: 15 Dec 2003 03:14:22 EST (GMT -0500)
Last Found: 15 Dec 2003 03:14:22 EST (GMT -0500)
Filesize: 91,674k
IP Address: XXX.XXX.XXX.XXX.
IP Port: 1214
Network: KaZaA
Protocol: FastTrack
Username: NZane@KaZaA
<?xml version="1.0"?>
<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance">
<Case><ID>1361587</ID><Status>Open</Status><Severity>
Normal</Severity></Case><Complainant><Entity>Warner Bros. Entertainment Inc.</Entity><Contact>MediaSentry Copyright Infringement</Contact><Address>4000 Warner Boulevard
Burbank, CA 91522-6114</Address><Phone>(818) 977-1971</Phone><Email>copyright@mediasentry.com</Email>
</Complainant><Service_Provider><Entity>AT&amp;T Worldnet Service</Entity><Contact>AT&amp;T WorldNet</Contact><Address>1800 Perimeter Park Drive
Morrisville, NC 27560 US
</Address><Phone/><Email/></Service_Provider><Source>
<TimeStamp>2003-12-14T22:14:22Z</TimeStamp>
<IP_Address>XXX.XXX.XXX.XXX.</IP_Address><Type>FastTrack
</Type><UserName>NZane@KaZaA</UserName>
<Number_Files>1</Number_Files></Source><Content><Item>
<Title>Matrix Revolutions, The</Title><Artist/><Filename>__INCOMPLETE___Matrix 3 Revolutions MSVCD 2 von 2 by Berliner68e88c5c74651e8f2d5b95731261586920641648.m pg
</Filename><Filesize>93873784</Filesize><Type>Movie</Type>
</Item></Content><History/><Notes/></Infringement>

====

As you may have noticed the file title format clearly shows that this was on the winMX networks, not Kazaa. That indicates to me these idiots are doing a lot of guess work, and not up on the facts of the matter. I asked my IP if they were threatening me. They said no.

I guess this is the start of one of those subpoenas people are talking about.

NZane

[shawners]

no i doubt it, they wil just send cease and desist letter.. Long as you dont share it, nothing will happen.. We all gotten one before. Just share mp3s on networks that are more private and secure, and buy the movies=0) Thats gota be a bad Cam or rip for 91674k.

[Wolfie]

This sounds like more of cease and desist warning than subpoena. MPAA are not putting out subpoenas as far as I know.

Just remove the item from your share (also the name of the file your post too since its copyrighted) and your ISP can report to copyright holder that you have complied with the order. This way your ISP won't be forced to take an action against you regarding you account.

[Malicious Intent]

So you were sharing an incomlpete WinMX file on Kazaa and they busted you for it? But an incomplete WinMX file would surely not match any of their hashes?

[notbob]

hash shmash

they don't use hashes, they have bots blindly searching for words or combinations of words collecting IP's and mailing off emails

you give the movie companies too much credit

[Malicious Intent]

So NZane could just claim that it is a joke Matrix take-off by some college kid? "I got the link from his site, so I knew it wasn't really matrix"

[notbob]

So NZane could just claim that it is a joke Matrix take-off by some college kid? "I got the link from his site, so I knew it wasn't really matrix"


that's not a defense

we aren't talking criminal law--this is civil law

the burden to prove it isn't the matrix is not on warner brothers

keep on dreaming (it still makes no difference, since ISP letters are just a FUD tactic for now, nobody is being sued for movies unless you are the guy leaking them from the studio)

[Malicious Intent]

In the UK there is no burden of proof in civil cases, it is balance of probability.
But I wasn't talking legal terms. Just saying that the point could be made to the ISP.

EDIT: Yes I know - this case is not in the UK.

[shawners]

This is what the MPAA knows, the RIAA doesnt know... MPAA wouldnt sue you, prosecute you like the "Hulk Cam Dude, Yes". BUt they know you have no money, cause you pirate and download.. They know they wouldnt get any money from you.. RIAA knows this, they will settle pennies on the dollar, make profit in BULK sueing (Like Bulk Mailing, Buying in bulk). And dont need to prosecute you to scare you into paying.

[hawkburn]

I know it's a bot - but they should "train" those things better to know that the WB film was 1.) VCD format 2.)cam or TS 3.)In German (2 von 2 by Berliner) 4.) Incomplete

As far as I know, they're not supposed to contact, cease and desist, or subpoena unless the file is verified (non-fake) and complete, and in working order.

[RJ5500]

Bots are annoying. I'd just quit sharing that movie and be done with it.

Be grateful that the MPAA isn't going nuts with the lawsuits like the RIAA. Well, at least not yet.

[NZane]

Well what gets me is that I was not sharing this file. My download directory is not setup as a share directory. The bastards HAD to have come into my machine, an illegal trespass to get that _incomplete_ file name, so who's the criminal here?

There are other ways to share movie files without using p2p networks. All this has done is turn me into a p2p activist!

NZane

[Omyn]

No they do not need to go into your machine.

They can monitor all traffic that goes in and out of your connection, check packets, whatever network activity they wish.

Your forgetting that all information in and out is sent through them before it goes anywhere else, they used network monitoring to see that you were infact downloading.

The file request when you downloaded it was noticed, and the "appropriate" action was taken.

Obviously when you downloaded it you set off a keyword that when you started downloading was noticed in the network activity.

All information is sent over the internet through your ISP, when you do something on the internet you should know that anyone can see the information you put out.

Any information you put out on the internet is your problem, you sent it out, no one forced you to.

As the ISP they have the right to control the content that goes in or out of their company as they wish.

You send file request>goes through the isp>isp sends out information in packets>packets requesting is received on other end isp>file data is then sent back to your isp>the file is being streamed over their networks>they notice it>they contact you

They never went into your computer, nor would they need to.

[boywonder]

and what would be a more private and secure peer2 peer program?i dont know of any that are really any more secuure than others

[Wolfie]

Waste and private DC hub (real private ones not the ones they let anyone who asks in on the first day) would be my suggestions, boywonder.

[NZane]

Omyn,

Yes I understand this.. and your style of response leaves something to be desired. I didn't come here for a lecture, just advice. But whatever.

What got me thinking that they went into my system was the port indication, but then I guess that goes out in the info stream as well.

Hell for the most part I don't care what they know or don't know. When I first heard about the government net/email filtering activities I devised a tag line with 25 of the heaviest *flag* words I could think of and a disclaimer that invited them into my virtual world.. stating they might actually learn something that makes the world a better place.

Yea Yea I know.. I'm a dreamer.. but remember it all starts with a dream!

My thanks to the rest of you offering advice and comforting words *smile*

NZane

[FutureIverson]

Waste and private DC hub (real private ones not the ones they let anyone who asks in on the first day) would be my suggestions, boywonder.

true, but outside of this, ppl are getting caught on every program, i think although less severe, the mpaa has been more active on more programs than kazaa. Anything that shares incomplete or complete is dangerous.

[fireforce555]

Well what gets me is that I was not sharing this file. My download directory is not setup as a share directory. The bastards HAD to have come into my machine, an illegal trespass to get that _incomplete_ file name, so who's the criminal here?

There are other ways to share movie files without using p2p networks. All this has done is turn me into a p2p activist!

NZane

The trespass arguement would never stand, they would say running a P2P app that you are welcoming not only them but anyone to come in. And to a large part they may be right.


But yeah getting a notice would suck, just dont share it anymore and let it all blow over. Doesnt seem like the ISP is really mad or anything.:)

[Sephiroth]

Omyn,

Yes I understand this.. and your style of response leaves something to be desired. I didn't come here for a lecture, just advice. But whatever.

What got me thinking that they went into my system was the port indication, but then I guess that goes out in the info stream as well.

Hell for the most part I don't care what they know or don't know. When I first heard about the government net/email filtering activities I devised a tag line with 25 of the heaviest *flag* words I could think of and a disclaimer that invited them into my virtual world.. stating they might actually learn something that makes the world a better place.

Yea Yea I know.. I'm a dreamer.. but remember it all starts with a dream!

My thanks to the rest of you offering advice and comforting words *smile*

NZane

You can call yourself a dreamer or whatever but you obviously didnt know how p2p programs work.

You got caught because you were hosting that file because winmx has partial sharing. The search bots which search p2p networks like anyone else picked up on your file based on the file name and you got the TOS letter.

Not because of some grand conspiracy or "hack."

My advice for you is to stop doing stupid things like the flag words grand idea you came up with and actually do something that will matter. There are numerous good organizations that you can support like the EFF, or p2punited.org

It all starts with a vision not a dream too btw.

[FutureIverson]

your a leader seph... honest to a fault they call it.