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Bittorrent copyright infringement

bitchass

TRIBE Member
well, it was probably bound to happen sooner or later...

I got an email from my ISP today (Telus) saying that a complaint was filed against me for copyright infringement. Shitty deal, but I thought it was for something else (ftp). I don't know who filed it yet but my guess is that whoever it was set up a honeypot and just got the ip's. Wonder if anything will happen?

******************

Notice Of Copyright Complaint - xxx, xxxx - xxxxxxxx@telusplanet.net - 142.xx.xx.xx - 00:xx:xx:xx:xx:xx

We are writing to inform you that TELUS has received a complaint that alleges that your TELUS Internet Service account has been involved in copyright infringement. This complaint was traced back to your account based on the IP address used at the time of this activity.

Please note that TELUS has not provided any of your personal account information to the complainant. It is TELUS' policy to disclose such information to a complainant only if ordered to do so by a court of law, which has not happened to date.

If you are not aware of our Acceptable Use Policy, which strictly prohibits use of our Service to infringe the copyrights of others, you may review at mytelus.com/internet. Please be aware that violation of this policy could result in disconnection of your Service.

Below is an excerpt from the complaint that we received regarding your account. We include it in this notice in an effort to help you identify the activity that is in question.




Karen
TELUS Internet Services
Internet Abuse Team
abuse@telus.com
http://www.telus.net/aup.html
http://www.telus.net/policies






* Please include the original email in any reply.


~~~



Excerpt from complaint:
---


-------
Title: Along Came Polly
Infringement Source: BitTorrent
Initial Infringement Timestamp: 6 Feb 2004 21:19:00 GMT
Recent Infringment Timestamp: 6 Feb 2004 21:19:00 GMT
Infringer Username: None
Infringing Filename: Along.Came.Polly.SVCD.TS-FUJiTiVE
Infringing Filesize: 1649145397
Infringers IP Address: 142.xxx.xxx.xxx
Infringers DNS Name: d142-xx-xxx-xxx.abhsia.telus.net
Infringing URL: 142.xx.xxx.xxx:6881/Along.Came.Polly.SVCD.TS-FUJiTiVE


-------
 

Humanjava

TRIBE Member
I almost got it over a program to the other day. IT was over a spam protection program. Quiet good to how they did it as it came up on my webbrowser and then it showed a stop sign with the yada yada stuff of my email adress and stuff. Good thing for me I am the ISP to...but I did take it off.

One must be careful now of days and I know another person who just got stuck on the music industries list. They caught them through Kazza.
 

terrawrist III

TRIBE Member
Originally posted by bitchass
over a really shitty movie, too
oh man...wish you would have spent the 10 bucks to waste the 2 hours eh?;) ...you'll be hearing the "shitty movie" jokes for weeks so get used to it
 

gasper

TRIBE Member
Could this work as a legal defence? (or at least create enough "reasonable doubt")

1) delete all illegal apps and files from your PC. better yet, format.

2) go out and buy a wireless router and card.

3) plug and play the router and do not enable WEP.

4) claim you didn't do any illegal downloading and that someone must have "hacked into" your wireless service and done all the file trading.


Network people out there: is there any way they could prove your guilt if you did this?
 
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Humanjava

TRIBE Member
Originally posted by gasper
Could this work as a legal defence? (or at least create enough "reasonable doubt")

1) delete all illegal apps and files from your PC. better yet, format.

2) go out and buy a wireless router and card.

3) plug and play the router and do not enable WEP.

4) claim you didn't do any illegal downloading and that someone must have "hacked into" your wireless service and done all the file trading.


Network people out there: is there any way they could prove your guilt if you did this?
Yap mac address,ip, computer ID, etc.
if they have your origninal your fucked!
 

xtcfreak

TRIBE Member
^^^^^^^ I heard something about them being able to tell because of the MAC address assosiated with the network card... i don't know anything about this, so i am going to shut up now..

Jay

can anyone elaborate on this?
 

beta-vhs

TRIBE Member
That's a bitch, but this is not the end of your leeching days, my friend.

Aside from the legal angle, why would anyone download movies from p2p? Downloading a 800mb svcd @ 45 KB/sec is not my idea of effective modem use. Drop p2p and use nntp instead - no waiting in queue, it's fast (300KB/sec and up or around 2hrs to download a 2 cd movie @ rogers), reliable of course (unless sympatico's your isp) and you'll never get slapped.

All the latest movie releases are always popping up in the various binaries groups - like weeds I tell you.

The only p2p mileage that I put in, like many tribers, is soulseek and then only because I'm after a rare song that will never be posted to nntp.

In fact the song I'm currently looking for - "Horror Movies" by Vive La Fete - is so rare that no one on soulseek has it. I log on daily to search for that damned song! Does anyone have it?


Horror Movies

Good evening Ladies and Gentlemen
Welcome to the "vive la fête!"horrorshow
Bonsoir!
White Zombie, the horror Dracula, Frankenstein meets Wolfman, Walking Death
On a Fridaynight I like to go and watch horrormovies
I like watching Dracula, Frankenstein, all the old groovies
Some like it cold, I like it hot especially when my girl holds my hands such a lot
Well, me an my girlfriend like to watch horror movies
(oh that's what I like)
My oh oh oh
My girlfriend loves watching, I was a teenage Werewolf
I like Vincent Prise and the film called "Witchfinder general"
You see some like it cold, I like it hot, especially when my girl holds me tight such a lot
Well, me and my girlfriend like watching Horror movies
(me and my boyfriend on a Fridaynight)
(me and my girlfriend on a Friday night)
White Zombie, the horror Dracula, Frankenstein meets a Wolfman
Walking Death
On a Friday night I like to go and watch Horror Movies
I like to watch Dracula, Frankenstein, all the old groovies
Some like it cold, I like it hot especially when my girl is holding my... Oh
Me and my girlfriend we like watching horror movies
(me and my boyfriend on a Fridaynight)
Me and my girlfriend we love watching horror movies
(That's what I like, yeah!)
That's what I like!

 

beta-vhs

TRIBE Member
For example, right now i am downloading 3 cd's worth of flicks:

sherlock holmes (the first one with Basil Rathbone) 1 cd
Mon Oncle... (Jacques Tati) 2 svcds

Not exactly the latest releases, but I like this kind of shit. And also none of the current batch of movies impresses me... well, okay LIT was amazing....

And the best thing: time of arrival estimated by Xnews is 2hrs @ 350 KB/sec...

NNTP RULES, elementary my dear watson!
 

Boo

TRIBE Member
the writing is on the wall

http://www.thestar.com/NASApp/cs/Co...442&call_pageid=968332188492&col=968793972154

Music industry hunting Canadian 'pirates'
Ready to launch dozens of lawsuits
Internet providers await court orders


TYLER HAMILTON
TECHNOLOGY REPORTER

Canada's recording industry is poised to launch dozens of lawsuits against Internet users who share copyrighted music through "music swapping" networks such as Kazaa.

The lawsuits will target high-volume music traders — people who store several thousand MP3 song files on their computers and make them available through the Internet for others to download.

Bell Canada, Rogers Cable, Telus Corp. and Shaw Communications Inc. are among major Internet service providers being told to expect federal court orders early next week that would require them to identify Internet subscribers who are allegedly pirating this music.

The Canadian Recording Industry Association (CRIA) represents major record labels such as Universal Music Canada and EMI Music Canada. It sent a "notice of motion" to high-speed Internet providers Wednesday afternoon to warn the orders will be requested Monday in Federal Court.

The Star has learned that at least 20 individuals are being pursued, though the recording industry has previously said it would go after 30 to 40 individuals.

Nine customers of Rogers Cable have been targeted.

Seven customers at Bell Sympatico are affected, as well as three at Telus, which is based in Burnaby, B.C.

High-speed cable subscribers with Calgary-based Shaw Communications Inc. have also been targeted. Shaw did not say how many of its customers were affected, but was the only company yesterday to declare it would go to Federal Court to fight for customer privacy.

"We believe this application amounts to a civil search warrant, and we do not think that the music companies' application should override our responsibility in law to protect the rights of our customers to maintain their privacy," chief executive Jim Shaw said in a statement.

"We intend to ask the court to preserve the privacy of our customers."

David Bennett, director of marketing for Rogers Hi-Speed Internet, said his company has "some concerns" about the terms of the motion.

Telus said it would be seeking an adjournment so its customers have more time to respond.

Bell Canada was less committal. "We're not going to share our strategy at this time," spokesperson Don Blair said. "We're still evaluating our options."

All four companies said they were making every effort to inform the subscribers involved.

The recording association would not comment yesterday on the coming lawsuits. It began warning people last fall, and again in December, that legal action against hundreds of Internet music swappers in the United States would be followed by similar action in Canada.

Since September, the Recording Industry Association of America has sued nearly 400 alleged music-swappers and threatened thousands more. A grandfather who rarely used his computer and a 12-year-old girl were among those caught in the U.S. organization's dragnet.

Brian Robertson, president of the recording industry association, said this week that his organization has spent the past three months gathering evidence on individuals who have more than 3,000 copyrighted songs in their computers. "These are not casual users," said Robertson, adding that the industry is focusing on "egregious" uploaders. "Litigation appears to be the only option now. ... This is the first of what we think will be more than one wave."

Using sophisticated Internet surveillance technology, the association has tracked computers — identified online through their Internet protocol or "IP" addresses — that are actively trading copyrighted songs. The next step is to match those IP addresses with subscriber information so the alleged pirates can be identified

CRIA needs a court order because Internet service providers generally don't hand over this data freely.

Critics of the music industry say record labels will not gain sympathy by suing their own customers. "Real live kids and their families should not become collateral damage in test cases where the law is uncertain and the industry is desperately seeking scapegoats," said Howard Knopf, an intellectual property lawyer in Ottawa.
 
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~atp~

TRIBE Member
Originally posted by xtcfreak
^^^^^^^ I heard something about them being able to tell because of the MAC address assosiated with the network card... i don't know anything about this, so i am going to shut up now..

Jay

can anyone elaborate on this?

What they're suggesting is that they can ascertain that it really was person X who was downloading the movies because not only do they have an IP associated with it, but a MAC address as well (this is a unique hardware address associated with your NIC).

The ISP is relying on the idea that it is more difficult to spoof a MAC address than it is to spoof an IP address. While spoofing a MAC is more difficult, it certainly happens.

What actually happens to data that you send out from your computer is that the IP packets get packaged up inside an Ethernet frame, and the ethernet frame uses your MAC address as the source address.
 

acheron

TRIBE Member
Simple solution:

Don't share - just leech. Let the sharers worry amongst themselves - if they're properly set up they can't be found.

Leeching is tacitly legal in Canada so we're ok for the time being.
 

Balzz

TRIBE Member
Originally posted by acheron
Simple solution:

Don't share - just leech. Let the sharers worry amongst themselves - if they're properly set up they can't be found.

Leeching is tacitly legal in Canada so we're ok for the time being.
You can't just leech on BT.
 

acheron

TRIBE Member
Originally posted by Balzz
You can't just leech on BT.
Duh. So don't use it to share stuff that will get you in trouble.

BT'ing this week's episode of Red Vs. Blue is fine but Along Came Polly (LOL!) is not, obviously.

There are many better places to get stuff on the net - more anonymous places, to be sure.
 
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noisy

TRIBE Member
Originally posted by gasper
Could this work as a legal defence? (or at least create enough "reasonable doubt")
1) delete all illegal apps and files from your PC. better yet, format.

2) go out and buy a wireless router and card.

3) plug and play the router and do not enable WEP.

4) claim you didn't do any illegal downloading and that someone must have "hacked into" your wireless service and done all the file trading.


Network people out there: is there any way they could prove your guilt if you did this?
Perjuring yourself is probably not a good idea. I know nothing about the technology behind this stuff nor do I know about copyright litigation, but if I was the one suing you the first thing I would do is try to obtain disclosure of your records from your ISP, which would quite likely show that you switched from conventional internet service to wireless after the date of the alleged infringment.

I would suggest anyone who gets in trouble to contact someone who actually understands the law to get some information before they do anything rash like destroying their HDs and then lying about it. And no, this will not be accomplished by starting one of the ever-present Tribe legal advice threads (no offence guys).

This is probably a good time for me to throw this URL out. It's a new group of lawyers and law students interested in providing pro bono assistance to people who get sued in Canada for file sharing and public education on the issue. I have no experience or further knowledge of them and what they do, just thought I'd pass the info along.

http://www.canfli.org/
 

noisy

TRIBE Member
^^^
(edit: I just realized they probably can't tell whether you use wireless so not, so a big "doh" for me. I warned you I don't understand computers!)
 

KiFe

TRIBE Member
Originally posted by beta-vhs

Aside from the legal angle, why would anyone download movies from p2p? Downloading a 800mb svcd @ 45 KB/sec is not my idea of effective modem use. Drop p2p and use nntp instead - no waiting in queue, it's fast (300KB/sec and up or around 2hrs to download a 2 cd movie @ rogers), reliable of course (unless sympatico's your isp) and you'll never get slapped.
[/COLOR]

Beta... can you make me a list of your favorite binaries for browsing... or any newsgroups for that matter (doesnt have to be binaries) .....


I'm a HUGE fan of newsbin... and my connection allows me to download at like 8-10mbits/s (whole cd-r in like 20mins) but lately the groups have been showing nothing but incompletes and partially uploaded crap.

im having a really hard time finding dvd-r isos ... any help would be appreceated.


love newsgroup speeds... hate bittorrent... HELP! :)

thx.
 
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juice

TRIBE Member
Word Kife I've been finding the exact same thing lately which is why I turned to torrent as well (which isn't looking like the best idea right now).
 

KiFe

TRIBE Member
Well with my kind of bandwidth. (800+up and 500+down) i want to setup an ftp for us tribers....

im not really interested in pc games or svcds anymore.. but anything DVD will be greenlight.


if you guys show enough interest in trading dvd media, i'll be more than happy to get a new HDD and setup a server for the lot of us.
 

zoo

TRIBE Member
bitchass i hope this goes well for you :(

i can't believe they're targeting the bit torrent users ... we're such a small part of the general internet population !!
 

stir-fry

TRIBE Member
alt.binaries.cd.images
alt.binaries.cd.games (i think)
alt.binaries.vcd.erotica (lots and lots of full length pr0n)

i have a few more.. i'll list them when i get home
 
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