Proxy for uploads, and a letter from the MPAA

[emcee_]

Well my ISP forwarded me a letter they recieved from the MPAA (at the bottom of this post). Apparently some of my uploading activities have caught their attention. I guess its just the uploading they're complaining about (for now) since my share ratio normally about 3. I guess they found out what I was doing by downloading off me (any other way and I'll sue them for invasion of privacy). So what I need is a way to set a proxy for just for uploads, because I'm not going to download if I'm not uploading, and I'm not going to let a letter scare me into stopping my downloading (might as well go back to dial-up). Anyway, here's the letter:

From: xxx@xxx.xxx
Subject: Case ID 3053433 - Notice of Claimed Infringement
[060304-043536-17778]
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
UNITED STATES
Anti-Piracy Operations
PHONE: (818) 728 - 8127
Email: xxx@xxx.xxx <mailto:xxx@xxx.xxx
Thursday, June 03, 2004
Via Fax/Email
RE: Unauthorized Use of Copyrighted Motion Pictures
Reference#: 3053433 (M)
IP Address: xxx.xxx.xxx.xxx - xxx.xxx.xxx.xxx
Date of Infringement: 29 May 2004 10:51:54 EDT (GMT -0400)

The Motion Picture Association of America (MPAA) represents the following motion picture
production and distribution companies:

Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, LLLP
Warner Bros. Entertainment Inc.

We have received information that, at the above noted date and time, the
IP address xxx.xxx.xxx.xxx (xxx.xxx.xxx.xxx) was used to offer or to materially contribute to the
offering of downloadable or streaming copies of copyrighted motion
pictures. The title(s) offered included:

ENTERPRISE (TV) Season 2 - 3
Specifically, we have identified the following material as infringing:
------------------------------
Infringement Detail:
Infringing Work: ENTERPRISE (TV) Season 2 - 3
Filepath: Enterprise - 3x23 - Countdown (Jmans Xvid).torrent/
Filename: Enterprise - 3x23 - Countdown (Jmans Xvid).avi
First Found: 29 May 2004 10:51:54 EDT (GMT -0400)
Last Found: 29 May 2004 10:51:54 EDT (GMT -0400)
Filesize: 88,758k
IP Address: xxx.xxx.xxx.xxx (xxx.xxx.xxx.xxx)
IP Port: 6885
Network: BTPeers
Protocol: BitTorrent

Infringing Work: ENTERPRISE (TV) Season 2 - 3
Filepath: Enterprise - 3x24 - Zero Hour (Jmans HDTV Xvid).torrent/
Filename: Enterprise - 3x24 - Zero Hour (Jmans HDTV Xvid).avi
First Found: 30 May 2004 02:27:43 EDT (GMT -0400)
Last Found: 30 May 2004 02:27:44 EDT (GMT -0400)
Filesize: 87,710k
IP Address: xxx.xxx.xxx.xxx (xxx.xxx.xxx.xxx)
IP Port: 6885
Network: BTPeers
Protocol: BitTorrent


We believe this information should prove sufficient for you to locate the
material complained about herein; however, please don't hesitate to
contact us with any questions or clarification requests you may have.
The unauthorized distribution or public performance of copyrighted motion
pictures constitutes copyright infringement under the Copyright Act, Title
17 United States Code Section 106(3)-(4). This conduct may also violate
the laws of other countries, international law, and/or treaty obligations.

As the owner of this IP address, we request that you immediately do the
following:
1. Notify the end user of the infringement(s).
2. Remove or disable access to the material identified above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms of Service Agreement.

On behalf of the respective owners 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 the information in this notification is accurate and that we
have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owners, their respective agents, or
the law.

Also pursuant to the Digital Millennium Copyright Act, we hereby state,
under penalty of perjury, that we are authorized to act on behalf of the
owners 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. Kindly include the above noted Reference #
in the subject line of all email correspondence.

We thank you for your cooperation in this matter. Your prompt response is
requested.

Respectfully,
Thomas Temple
Director
Worldwide Internet Enforcement

[hawkburn]

Damn man, they got you for a TV episode? I'm pretty sure if my ISP just got a warning letter and not subpoena, they'de more or less just throw it out. They're really good about not caring what I do with their service, as long as my dad pays the bill. After all, if there was no such thing as file-sharing, I wouldn't have broadband. I got DSL because I wanted to speed up my downloading in Napster 4 and 1/2 years ago.

If you don't mind me asking, who's your ISP?

[mcovey]

ouch, and for TV shows!

I have adelphia, which is pending bankrupcy and such, and they dont do ANYTHING about p2p. I think the only safer isp would be one's own; which isn't really a bad idea.

[emcee_]

Crazy, huh? I mean there's people out there running hotline servers distributing gigs and gigs of movies not even out of theatres yet and there bugging me because a few tv show that most people are downloading beause they don't get the channel its on, so they couldn't watch it with commercials if they wanted to. Maybe they figure if they mess with the big distributors, only big distributors get scared, but if they mess with small distributors, it scares everyone. Or maybe they're just sending out letters to show that there actively trying to defend their copyrights just in case they ever do release a dvd set of Enterprise, since there seems to be a legal presedence, that if you don't actively defend your copyrights they become voided. In any case I'm still open to suggestions about how can set up a proxy just for my uploads, I may not be able to keep my high share ratio, but at least I won't have to worry about somebody coming to my door with a subpoena.
My ISP is a local wireless company, until recently they were the only way of getting broadband in my area. They've been pretty good about this so far, of the three suggestions offered to them by the MPAA, they only took the first. Also I have a pretty decent plan: 1mbs up and down, although they recently told me my usage accounts for over 50% of the network traffic.

[Omyn]

"Any other way and I'll sue them for invasion of privacy"

Anything you do on the internet you are not anonymous.

Your ISP can see anything about you all information you do on the internet is broadcasted across networks which you have no control over.

They are able to see what ports are being used such as kazaa and direct connect or anything else and see what you are using on the internet, you do not have privacy.

Most ISPs know what you are using their networks for, and they dont care as long as you dont do things like download child pornography or write viruses and distribute them on the internet or hack their servers.

But apparently your ISP does care, I would switch companies if they did that to me.

Besides you probably agreed to a privacy agreement in a contract or something.

[Cydor]

let me guess? is this notice from Comcast? most likely yes! i got two of them from Comcast in six months and i ignored them both...nothing happened! whatever you do, do not contact them...that's what they want you to do to find out more from you and maybe sue you.

Just do nothing about it...or better yet dump Comcast and get another even better ISP, just like i did.

Comcast can suck it...i don't trust them at all.

[YWD67]

Saw just about the same letter posted about 4-5 mos. ago complaing to another internet provider, that such and such ISP was sharing the movie ************. The wording as I remember is the same, and the so called representative of the MPAA signed the letter. I pointed out to the poster several comments in the letter that showed that it was nothing more then a bunch of chest thumping threats.
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"We have received information that"; It does not say, "we have proof", just that they have been hersay info..
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"We believe this information should prove sufficient"

They could have said that they believed that there was a man in the moon and it would have the same leagle impact. NONE! What they believe and what is fact or leagle are two different things. Just another load of crap trying to appear threatening but has realy no weight.
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"IP address xxx.xxx.xxx.xxx (xxx.xxx.xxx.xxx) was used to offer or to materially contribute to the offering of downloadable or streaming copies of copyrighted motion
pictures."

This says that you were in possesion of copy righted material (note also that it does not say that you were not authorized to have the material) and was avalible to be downloaed possibly with out the aurthorization of the owner. This never says that you were guilty of illegaly coping the material or distributing illegaly at the time. In plain terms there was no crime being commited at the time, just a situtation that "they" believe could result in the possible unauthorized reproduction of there clients material.
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"As the owner of this IP address, we request that you immediately do the
following:"

Here is the line that sends this letter down the crapper " we request".
It does not say, we will take leagle action if you don't. Hell it does not even say that they demand that your IPS take action, it just say's request. It is just asking for your IPS to do something.
----------------------------------------------------------------------
"On behalf of the respective owners 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 the information in this notification is accurate and that we
have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owners, their respective agents, or
the law."

In other words they dont believe that you may not be authorized to distribute the material.
.--------------------------------------------------------------------


"Also pursuant to the Digital Millennium Copyright Act, we hereby state,
under penalty of perjury, that we are authorized to act on behalf of the
owners of the exclusive rights being infringed as set forth in this
notification."

This is just says they are working for the MPAA, and we hope that intimidates you.
---------------------------------------------------------------------

No where in the letter does it say that if your IP does not comply with the request they will be prosecuted.

The real big point to note about the whole letter is that it never once says either you or your IP were involved in a criminal act. They are only saying that the copyright material that you have, is in a possesion that could lead to the unauthorized copying of it.

To put it short and sweet here is what the letter is saying to your IP:

We believe that we have no leagle fact just hersay information that IP address. xxx.xxx.xxx.xxx (xxx.xxx.xxx.xxx) may possess but cant legaly prove, copyrighted material belonging to our clients. There is nothing wrong with possesing the material, it's just that the material in question is in a possition where it could be distributed with out the authorization of or clients. We are making no claim or accusing the IP address of obaining the material illeagly or of distributing the material in question illegaly. Would you (IP) please ask the IP address to change the avalibilty of the material so as not to be avalible to possible unauthrized reproduction.
No criminal act has been committed by either you or the IP address but we are wording this letter so as to give that impression. We are not making a threat, just trying to make it sound like it. We are just asking you (IP) to help us with a situation that could make our clients material avalible for unauthorized distribution. If you refuse there is nothing we can do because no crime (In the U.S. but it might be illegal in other countries, but we are not sure.)has been commited. I represent the MPAA.

A whole letter of hollow threats.
This is just my view of the letter, it is not ment in any way to be legal advice.

[emcee_]

To Omyn: I never signed anything that would allow information about how I use the internet, legal, or otherwise to be given out, so anyway the MPAA might have obtain it other then simply downloading off me would be a invasion of my privacy. Also, I read my entire TOS, which was mercifully short, I signed away no rights. And I'm not really sure if my ISP cares or not, they've made no threats,or really even any complaints, all they did is forward me the letter. My ISP has done nothing to me (yet) as far as I know they haven't even told the MPAA who I am.

To Cydor: No, as I said, I have a local ISP, and it wasn't them who wrote the letter it was the MPAA.

To YWD67: If they know the time, date, port, and filename, I can assume they have enough proof to make a case if they really wanted too. But I agree they're just beating their chests, with this information, if they wanted to sue me they would. I suppose they figure its less hassle to scare people then sue them, of course if the see they see that I'm not scared, and I'm still uploading, they might just go ahead and sue me. Try to put yourself in my shoes, its easy to tell some else they have nothing to worry about when you nothing to worry about.

To everybody: Still looking for some help with an proxy only uploads. Also, should I be suspicious of these uploaders who's IP addresses don't have reverse DNS entries?

[Omyn]

"To everybody: Still looking for some help with an proxy only uploads"

The proxy would not keep it secret from the ISP only everyone else.

You connection>Through ISP> Through proxy> To uploader

So basically anything you do your ISP can still be monitoring, most ISPs do not care about small stuff like this, but apparently yours does.

I would switch.

[Mels_Smileys45]

The way the laws are now the government needs no proof to bust your chops. All they have to do is think you might be sharing illegal files to come knocking at your door and seizing your computer. Thats the way it is. They have the right to shut you down with out question. Tis true

[eivioolla]

To everybody: Still looking for some help with an proxy only uploads. Also, should I be suspicious of these uploaders who's IP addresses don't have reverse DNS entries?

You can't just grab a proxy and use it with p2p app and protocol which doesn't support proxies. Currently there really aren't any good choices afaik. Someone really needs to grab BitTorrent or something and modify it so that you can set the sends go trough a regular http proxy...

Oh yeah, it might be possible to set up a local socks proxy (many p2p support socks) and then use some socks2http and and direct that via http proxy. I've heard it has been done with KaZaA. But obviously it would be much more simple if the app would just support http proxies.