Scary Email from ESA about my sharing

[neo866]

I just received an email from my isp provider (Pipex, i live in the U.K) stating that they had received an email from The Entertainment Software Association (ESA) asking for action taken against me regarding a psp iso i downloaded from another site (not sure i should name it here but i will if i'm allowed)

They asked me to confirm that i would not be sharing copyrighted material again in the Future.

This is the email they received



Dear Pipex Internet Ltd:

The Entertainment Software Association (ESA) is a U.S. trade
association that represents the intellectual property interests of
numerous companies that publish interactive games for video game
consoles, personal computers, handheld devices and the Internet in
the United States and in other countries (collectively referred to as
ESA members). ESA is authorized to act on behalf of ESA members whose
copyright and other intellectual property rights it believes to be
infringed as described herein.

ESA is providing this letter of notification to make Pipex Internet
Ltd aware of material on its network or system that infringes the
exclusive copyright rights of and is unlawful towards one or more ESA
members.

Through the Berne Convention and other international treaties covering
intellectual property rights, ESA believes that its members' rights in
such entertainment software products are entitled to the full
protection of the intellectual property law as well as other relevant
laws of your country.

Based on the information at its disposal, ESA has a good faith belief
that the IP address below infringes the rights of one or more ESA
members by offering for sale or download unauthorized copies of game
products protected by copyright, or offering for sale or download
material that is the subject of infringing activities. The
copyrighted works that have been infringed include but are not limited
to:

Title: Street Fighter
Infringement Source: BitTorrent
Infringement Timestamp: 29 Dec 2006 03:17:32 GMT
Infringement Last Documented: 29 Dec 2006 03:17:32 GMT
Infringer Username:
Infringing Filename: PSP - Street Fighter Alpha 3 MAX [USA]
[www.************.com]/a-sfa3mx.rar
Infringing Filesize: 110894560
Infringer IP Address: 81.178.108.143
Infringer DNS Name: 81-178-108-143.dsl.pipex.com
Infringing URL:
http://torrents.*********.org/hashtorrent/3441748.torrent/PSP_-
_Street_Fighter_Alpha_3_MAX_[USA]_.3441748.TPB.torrent



The unauthorized copies of such game product(s) or the material that
is the subject of infringing activities appears on or is made
available through the above-listed IP address. Those items are listed
and/or identified thereon by their titles or variations thereof, game-
related listings/references/descriptions, or depictions of game-
related artwork. Such copies, titles, game-related
listings/references/descriptions, depictions, and material that is the
subject of infringing activities, are hereinafter referred to as
"Infringing Material."

Accordingly, ESA hereby requests Pipex Internet Ltd to immediately do
the following:

1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed
above.
3. Take appropriate action against the account holder under your
Abuse Policy/Terms
of Service Agreement, including termination of a repeat offender.

Please inform us whether you will remove or disable access to the
Infringing Material as requested. Pipex Internet Ltd or the account
holder may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the
subject line of all email correspondence.

Thank you for your cooperation and prompt response in this matter.

Sincerely,

Intellectual Property Enforcement
Entertainment Software Association

I got this yesterday and i am downloading as we speak but i would like some advice from anyone as to where i stand?
Are they on to me? should i lie low or is there any precautions i can take?

I must admit to being scared of how this might turn out so any advice would be great.
Thanks

[Krell]

I got this yesterday and i am downloading as we speak but i would like some advice from anyone as to where i stand?
Are they on to me? should i lie low or is there any precautions i can take?


Advice = read the forums and use the search feature
Lie = lie like hell, tell them your pet monkey did it and to PISS OFF
Precautions = find the thinnest condom you can



.

[Signa]

from what i hear around here, its not much to worry about. not that they cant/wont do anything, but i have heard this story many times and no penalties for it. if you are scared that you can get in some real trouble, set something up to make it possible that they were mistaken I.E. unsecured wireless network.

[lysine]

what tracker were you downloading it from?

[kerjodando]

You are very unlucky.

It is highly unlikely that any further action will be taken against you.

However, this has probably put you off P2P.

I have had a similar but not quite so bad experience.



Fact - when you download on the internet your ip address identifies you.


I now use anonymous p2p.

If I were you I would write a letter to the isp NOT ACKNOWLEDGING GUILT but saying that you have never and never would download or upload any file that is copyrighted. Also state that you have scanned your hard drive and have deleted any suspect files.

Then carry on using p2p but be careful what you download (no psp games or cams of movies still on general release etc)

Hope this is helpful.

I feel for you - good luck.

:icon_salu :icon_salu :icon_salu

[bal360]

Just know it is a risk anyone takes by using p2p that some of us have to bend over and grab our ankles and dont think they will use any lube if they stick it to you. kerjodando seems right just say your sorry but they must be mistaken and that you "deleted any of the files if i do have them" then get a wireless to give you some type of way out

[RACKnRAIL]

I now use anonymous p2p.

sure you do...

[kerjodando]

sure you do...

How does YOUR lame comment help the guy.

He's been busted and all you can do is flame a type of file sharing application that might have helped.

But certainly would not have done any harm.

Unlike your lame comment.



When you download or upload you can be identified by you IP address, FACT.



:icon_rr: :icon_rr: :icon_rr:

[Krell]

When you download or upload you can be identified by you IP address, FACT.

I now use anonymous p2p.


So . . . which is it?

RACKnRAIL was just pointing out your seemingly contradictory statement. You flame him for that?

.

[kerjodando]

So . . . which is it?

RACKnRAIL was just pointing out your seemingly contradictory statement. You flame him for that?

.

I know it is a misnomer.

The term 'anonymous P2P' is somewhat of a misnomer. This is because by design, a network node must be pseudonymous since it must have an "address" at which it can be reached by other peer nodes in order to exchange data. However, usually this address, especially on anonymous networks, does not contain any directly identifiable information. Thus a user is highly, but not completely, anonymous. (In friend-to-friend networks, only your friends can know that your address is used to exchange files.)

When receiving data on any network it must come from somewhere and data must have been requested by someone. The anonymity comes from the idea that no one knows who requested the information as it is difficult - if not impossible - to determine if a user requested the data for himself or simply requested the data on behalf of another user. The end result is that everyone on an anonymous network acts as a universal sender and universal receiver to maintain anonymity.

If people are only universal receivers and do not send, then one would know that the information they were requesting was for themselves only, removing any plausible deniability that they were the recipients (and consumers) of the information. Thus, in order to remain anonymous, one must ferry information for others on the network.

It hides your IP address or makes it much more difficult for someone to find you "MEAT SPACE" identity.



When you buy your newspaper in the morning you don't have to give your name and address.

You just hand over cash.



WHY SHOULD FILE SHARING / P2P BE ANY DIFFERENT?



I'm not saying that this user should use it but it is an option and it is better IMHO than giving up file sharing or paying for Usenet access.

That's all!

:icon_rr: :icon_rr: :icon_rr:

Ha

[Krell]

Ever watch an episode of COPS?

Uhh . . thats not MY DRUGS, I was just transfering it to someone else!

If you think that it is impossible to really tell where a request originated from, how much of the request is sent to where, and if a reciept for the end of transaction is REALLY not identifiable, I'd love to give you a great deal on some swamp land in the balmy town of Paradise Vally, AZ.

If youre on the interstate, you get pulled over for speeding, and say "well everyone else was speeding", you know what the officer can say?

"It's like fishing, I don't have to catch ALL of the fish, any of them will do."

Of course in this case it's not as wise to tell them to PISS OFF.

.

[kerjodando]

Ever watch an episode of COPS?

Uhh . . thats not MY DRUGS, I was just transfering it to someone else!

If you think that it is impossible to really tell where a request originated from, how much of the request is sent to where, and if a reciept for the end of transaction is REALLY not identifiable, I'd love to give you a great deal on some swamp land in the balmy town of Paradise Vally, AZ.

If youre on the interstate, you get pulled over for speeding, and say "well everyone else was speeding", you know what the officer can say?

"It's like fishing, I don't have to catch ALL of the fish, any of them will do."

Of course in this case it's not as wise to tell them to PISS OFF.

.

So you're a computer scientist now.

I've defined anonymous p2p and still you don't quite get it.

So all the thousands of people on Freenet, MUTE, Winny and SHARE (to name a few anonymous p2p networks) are all idiots thinking that they are hiding their IP addresses (identity).



Fact - You can hide you're identity on the internet.

The major draw back is that it is difficult or impossible to hide the fact you are running such an application, meaning that a government could simply outlaw its use to prevent the free flow of information.



However here in the free world the government has not yet done that.

You don't need to hide your identity while you're online but if you want to you can.

:icon_rr: :icon_rr: :icon_rr:

Ha

[Krell]

So you're a computer scientist now.

Actually, I am. Does this bother you?

I've defined anonymous p2p and still you don't quite get it.

You've defined the illusion of anonymous p2p, I get it, I just dont want it.

So all the thousands of people on Freenet, MUTE, Winny and SHARE (to name a few anonymous p2p networks) are all idiots thinking that they are hiding their IP addresses (identity).

Yeah, pretty much so. Theyre only hope is that the RIAA is so completely incompetent most of the time, they just totally fuck things up. Sniffing unencrypted data at the ISP backbone points data flow directly at you. Unless networks are mixed with NAT as a proxy, and all data is encypted, it's like taking candy from a baby.

Fact - You can hide you're identity on the internet.

The major draw back is that it is difficult or impossible to hide the fact you are running such an application, meaning that a government could simply outlaw its use to prevent the free flow of information.

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

However here in the free world the government has not yet done that.

You don't need to hide your identity while you're online but if you want to you can.

errr . .see OP opening statement.



If a company contracted by the BSA sees that you dl software with BT etc at an ISP, you're not even pseudonymous.



.

[silentscream]

Quote:
Originally Posted by kerjodando View Post
So you're a computer scientist now.

Actually, I am. Does this bother you?

I've defined anonymous p2p and still you don't quite get it.

You've defined the illusion of anonymous p2p, I get it, I just dont want it.

So all the thousands of people on Freenet, MUTE, Winny and SHARE (to name a few anonymous p2p networks) are all idiots thinking that they are hiding their IP addresses (identity).

Yeah, pretty much so. Theyre only hope is that the RIAA is so completely incompetent most of the time, they just totally fuck things up. Sniffing unencrypted data at the ISP backbone points data flow directly at you. Unless networks are mixed with NAT as a proxy, and all data is encypted, it's like taking candy from a baby.

Fact - You can hide you're identity on the internet.

The major draw back is that it is difficult or impossible to hide the fact you are running such an application, meaning that a government could simply outlaw its use to prevent the free flow of information.

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

However here in the free world the government has not yet done that.

You don't need to hide your identity while you're online but if you want to you can.

errr . .see OP opening statement.
If a company contracted by the BSA sees that you dl software with BT etc at an ISP, you're not even pseudonymous.


BAM

lol

nice one krell

.

oh yeah im a mod *frowns at u for demeaning poor hornet*

.

[kerjodando]

Krell if you're a computer Scientist you must have bought your degree mail order!

LOL

But seriously how are you helping?

I suppose your solution is for people to stop using p2p and to stop file sharing.

Whose side are you on?

You've had the definition of anonymous p2p.

You know that is what it is called (the phase that identifies that branch of file sharing endeavor).



I am not saying it is anonymous -what I am saying, as it says in the definition, is that it hides your online identity.



So what is the problem with that?

In you example of downloading copyright software, if you used BT (Bit Torrent) and took no steps to protect your identity, the copyright holder, if he was willing to invest time and resources, could EASILY find your real world identity.

However, if you used say Peer Guardian and blocked such companies as Bay TSP you would frustrate his efforts and he would send his notice of copyright infringement to someone else.

Other forms of hiding your "online identity" (just for you as you obviously hate the term anonymous p2p) is using a proxy or a proxy chain (e.g. MUTE).

I hope you get it now - as I am getting bored with replying to your uninformed prejudice that masquerades as "computer science knowledge".

To those thinking of giving up file sharing:



KEEP FILE SHARING - THERE ARE SOLUTIONS - JUST LOOK FOR THEM AND AVOID TAKING ADVICE FROM BITTER HAS BEENS - (No names mentioned)



;-(

[kerjodando]

BAM

lol

nice one krell

.

oh yeah im a mod *frowns at u for demeaning poor hornet*

.

Well keep it up you're doing a good job.

Your fairness impresses me.

[silentscream]

its only coz u quit flaming and being insulting in ure posts that i dont ban u

keep it up and il be nice

and krell is much smarter than u or me

deal.

.

[Christoph]

@kerjodando: you got a PM

[Psilaxs]

@kerjodando, You have a lot to learn, Krell is the absolute first and FINAL word on anything Computer or network related.... see that negative (-16) You have on your rep? That is for a reason. I find it Ironic when in sarcasm you called him a scientist, which basically he is. Do not undermine him please.. we do not need these forums to explode.

I vote for a lock on this before it gets ugly.

[kerjodando]

@kerjodando, You have a lot to learn, Krell is the absolute first and FINAL word on anything Computer or network related.... see that negative (-16) You have on your rep? That is for a reason. I find it Ironic when in sarcasm you called him a scientist, which basically he is. Do not undermine him please.. we do not need these forums to explode.

I vote for a lock on this before it gets ugly.

Thanks to you creeps I've be banned.

I hope your satisfied krell-lovers.

All I ever tried to do is put the facts out there.

Now I'm banned for mentioning anonymous p2p.

This is a fucking conspiracy.

Bye.
:devil2 :devil2 :devil2

[Psilaxs]

If you were banned 1: you would not be able to post, Secondly, it would say banned under your name.

And you put no facts out there at all, just half truths, and Krell happened to rip through them.
If you are going to be that immature and leave over this, fine goodbye don't let the door hit you on the ass on the way out.

I suggest toughen up and enjoy your stay.. we really are a good group. Everyone had a rough time in the beginning here.

*EDIT* looks like he got one last post in, either that or he changed his own title to banned....:icon_salu

[Mels_Smileys45]

He must have changed it himself as people don't usually get to give a farewell "Im banned" message.


Now I'm banned for mentioning anonymous p2p.


Nobody gets banned for that.

[silentscream]

he isnt banned at all just a burk

its in the forum rules that to have ure user title as banned means u will be banned

im not doing it though its just anouther cry for attention

also u have no avatar when ure banned lol

i belive the phrase is "pwned"

lol
.

[Psilaxs]

no one... he is being a brat.

[Mels_Smileys45]

u have no avatar when ure banned

Ive seen tons of people banned here and they all still had/have avatars. I have no problem with kerjodando so make his every wish come true.

[Krell]

Well I dunno about his being "banned for mentioning anonymous p2p", but he was pretty dogmatic all around. I don't see why he was so fired up about all of it. My point was 1) not to start off with the "LAME COMMENT" rants, and 2) tell this person that the resolve they look for is anonymous P2P.

From his "put the facts out there ie: the TRUTH is out there" statement, and his conspiracy theories, I'd say he watched an X-FILES marathon recently.

.

[Signa]

wow that was some entertaining banter i missed.


Moral of the story: dont fuck with krell.

[silentscream]

lol

cheers for the headsup mels wonder why cj has no avatar then hmmm

but yeah im not gonna ban him he is good for comedy lol

but any other mods feel free to ban away

he was a troll when he had his other id too (hornet)

.

[mfgbypooter]

so forum rules are not being inforced anymore?

cool.

*

[silentscream]

well he is gone now

he got his big dying words lol

ps mels he has a funny pic on his profile if ure feeling creative

u will have to be quick unless he removes it

.

[Mels_Smileys45]

so forum rules are not being inforced anymore?

cool.

*


Rules are meant to be broken or at least bent out of shape. :icon_salu Sometimes I miss having a hardcore mod who kicks butt.

[Christoph]

Sorry my firend, but I think it was a misstake..this guy is realy cool and he is right with filesharing.

[necromantic]

More legal bullshit, toss the letter or use it as T.P.