[Rekrul]

Latest RIAA crap (not directly related to P2P, but I figured it would be of interest);

RIAA Attacks Usenet
RIAA shifts legal battle to a new front, sues usenet access provider

[Alberteneuman]

Rekrul, on Oct 20 2007, 01:02 PM, said:

Latest RIAA crap (not directly related to P2P, but I figured it would be of interest);

RIAA Attacks Usenet
RIAA shifts legal battle to a new front, sues usenet access provider

In further news, BT is now blocking all email messages and IMs in order to stomp out KP and piracy. j/k

[holycrip]

Check out this message from OptOnline and NBC Unviversal....I have not been able to figure out how they did this .... I am guessing that they baited the file somwhow. I removed any information that I thought might be compromising (IP Addresses, MAC Addresses, etc) but believe me this is for real. Have to tell you that it scared the shit out of me.... Any thoughts on this and how to beat it?

________________________________________________________________________________
__________________________________________________________________

From: Optimum Online Security <noreply@security.cv.net>
Date: Jan 4, 2008 12:00 PM
Subject: WARNING: Copyright Infringement Notification
To:


Cable Modem Mac:
REF ID:


We are writing as a courtesy to let you know that we have received
notification from one or more owners of copyrights claiming that their
work has been transmitted over the Internet from your account without
their permission. Copyright owners may include motion picture studios,
the recording industry or others who produce or distribute legally
protected material. (Please see enclosed notice(s)). We are concerned
that either you or a person with access to your account may be unknowingly
participating in certain file sharing or server-related activities that
led to this complaint.

As you may recall, the Optimum Online Terms of Service posted at
www.optonline.net require compliance with all applicable laws and
specifically prohibits the use of the Optimum Online system for copyright
infringement.

We consider you a valued customer, so we wanted to let you know that if
the copyright holder pursues this claim, or if there are additional
claims, it could lead to legal action against you. We may be required by
law to release private information about you and to suspend, or even
terminate, your service. We want to help you prevent this from happening.

In order to assist you in your future use of our service, we encourage you
to visit www.optonline.net/copyright for tips and guidelines that we hope
will give you all the information you need to avoid further action on this
matter or on other matters.

We regret having to send notices like this, and we do not wish to alarm
you unnecessarily, but we have a responsibility to advise you of any
notices concerning your account.

If you have any questions about our Optimum Online policies, please feel
free to contact us at the Customer Service Center, 631-846-5350. We
appreciate your business, and look forward to providing you with
excellence in broadband service for many years to come.


Regards,
Raymond J. Connolly
Registered Copyright Agent
Cablevision Systems Corporation


[-------Copy of Complaint------]
From: universal-studios-no-reply@copyright-compliance.com

Received: 2008-01-02 18:29:01
Subject: DMCA Notification Notice ID: XX-XXXXXXXX



-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Re: Unauthorized Use of NBC Universal Properties
Notice ID: XX-XXXXXXXX
2 Jan 2008 22:24:56 GMT

Dear Sir or Madam:

Please be advised that NBC Universal and/or its subsidiary and affiliated
companies (collectively, NBC Universal) are the owners of exclusive rights
protected under copyright law and other intellectual property rights in
many motion pictures and television programs, including the title(s)
listed below (the NBC Universal Properties). NBC Universal diligently
enforces its rights in its motion pictures.

It has come to our attention that Optimum Online (Cablevision Systems) is
the service provider for the IP address listed below, from which
unauthorized copying and distribution (downloading, uploading, file
serving, file "swapping" or other similar activities) of the NBC Universal
Property or Properties listed below, or portion(s) thereof, is taking
place. We believe that the Internet access of the user engaging in this
infringement is provided by Optimum Online (Cablevision Systems) or a
downstream service provider who purchases this connectivity from Optimum
Online (Cablevision Systems).

This unauthorized copying and distribution constitutes copyright
infringement under Section 106 of the U.S. Copyright Act. Depending upon
the type of service Optimum Online (Cablevision Systems) is providing to
this IP address, it may have legal and/or equitable liability if it does
not expeditiously remove or disable access to the motion picture(s) listed
below, or if it fails to implement a policy that provides for termination
of subscribers who are repeat infringers (see 17 U.S.C. 512).

Despite the above, NBC Universal believes that the entire Internet
community benefits when these matters are resolved cooperatively. We urge
you to take immediate action to stop this infringing activity and inform
us of the results of your actions. We appreciate your efforts toward this
common goal.

The undersigned has a good faith belief that use of the NBC Universal
Property or Properties in the manner described herein is not authorized by
NBC Universal, its agent or the law. The information contained in this
notification is accurate. Under penalty of perjury, the undersigned is
authorized to act on behalf of NBC Universal with respect to this matter.

Please be advised that this letter is not intended to be a complete
statement of the facts or law as they may pertain to this matter or of NBC
Universal's positions, rights or remedies, legal or equitable, all of
which are specifically reserved.

Please send us a prompt response indicating the actions you have taken to
resolve this matter, making sure to reference the Notice ID number above
in your response.

<REMOVED>

If you do not wish to reply by email, please use our Web Interface by
clicking on the following link:

<REMOVED>

Note: If your email program has inserted line breaks into either the
email or web links above, you can copy and paste the entire link in to
you email program, or favorite web browser, respectively.


Very truly yours,


Mark Ishikawa
c/o NBC Universal Anti-Piracy Technical Operations
100 Universal City Plaza
Universal City, CA 91608

tel. (818) 777-4876
fax (818) 866-2155
antipiracy@nbcuni.com


*pgp public key is available on the key server at
ldap://keyserver.pgp.com
** For any correspondence regarding this case, please send your emails to
antipiracy@nbcuni.com and refer to Notice ID: XX-XXXXXXXX. If you need
immediate assistance or if you have general questions please call the
number listed above.
Title: XXXXXX XXXXXXXXX
Infringement Source: eDonkey
Initial Infringement Timestamp: 28 Dec 2007 08:40:23 GMT
Recent Infringement Timestamp: 28 Dec 2007 08:40:23 GMT
Infringing Filename:
<bleep!>.(2007).(English).TS.XviD.Mp3- SFO.avi
Infringing File size: <bleep!>
Infringers IP Address: XX.XXX.XXX.XXX
Infringers DNS Name: XXXXXXX.dyn.optonline.net
Infringing URL:
ed2k://|file|XXXXXX>XXXXXXXX.(2007).(English).TS.XviD.Mp3-SFO.avi|<ID Removed>|/

Title: XXXXXXXXX XXXXXXXXX
Infringement Source: eDonkey
Initial Infringement Timestamp: 28 Dec 2007 04:21:00 GMT
Recent Infringement Timestamp: 28 Dec 2007 04:21:00 GMT
Infringing Filename: <bleep!>[2007]DvDrip[Eng]-FXG.avi
Infringing File size: <bleep!>
Infringers IP Address: XX.XXX.XXX.XXX
Infringers DNS Name: XXXXXXXX.dyn.optonline.net
Infringing URL: ed2k://|file|XXXXX XXXXXXX[2007]DvDrip[Eng]-FXG.avi|748266462|<ID Removed>|/


- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>

<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"
xsi:noNamespaceSchemaLocation=" http://mpto.unistudios.com/xml/Infringemen...a.xsd">
<Case>
<ID>XXXXXXX</ID>
<Status>Open</Status>
</Case>
<Complainant>
<Entity>BayTSP, Inc.</Entity>
<Contact>Mark Ishikawa, c/o NBC Universal Anti-Piracy Technical
Operations</Contact>
<Address>100 Universal City Plaza, Universal City, California 91608
United States of America</Address>
<Phone>818-777-4876,</Phone>
<Email>antipiracy@nbcuni.com</Email>
</Complainant>
<Service_Provider>
<Entity>Optimum Online (Cablevision Systems)</Entity>
<Address></Address>
<Email>dmca@cv.net</Email>
</Service_Provider>
<Source>
<TimeStamp>2007-12-28T08:40:23.000Z</TimeStamp>
<IP_Address>XX.XXX.XXX.XXX</IP_Address>
<Port></Port>
<DNS_Name> XXXXXXX.dyn.optonline.net</DNS_Name>
<Type>eDonkey</Type>
<UserName><USERNAME REMOVED></UserName>
<Number_Files>2</Number_Files>
<Deja_Vu>No</Deja_Vu>
</Source>
<Content>
<Item>
<Title>XXXXXXX XXXXXXX</Title>
<FileName>XXXXXXX XXXXXXXX[2007]DvDrip[Eng]- FXG.avi</FileName>
<FileSize><bleep!></FileSize>
<URL>ed2k://|file|<bleep!>[2007]DvDrip[Eng]-FXG.avi|<bleep!>|<ID REMOVED>|/</URL>
</Item>
<Item>
<Title>XXXXXXX XXXXXXXX</Title>

<FileName>XXXXXXX.XXXXXXXX.(2007).(English).TS.XviD.Mp3-SFO.avi</FileName>
<FileSize><bleep!></FileSize>

<URL>ed2k://|file|XXXXXXXX.XXXXXXX.(2007).(English).TS.XviD.Mp3- SFO.avi|<bleep!>|<ID REMOVED>|/</URL>
</Item>
</Content>
</Infringement>
- ---End ACNS XML
-----BEGIN PGP SIGNATURE-----
Version: 8.0

iD8DBQFHfBFHvmTY1IeHkqERAgwsAJ4jlTLdjipdgbLNJFtjpsQCTJePdACfYNlx
QmlJkaZ1cJxot4CKL99j7oU=
=Tck6

This post has been edited by PacoBell: 06 January 2008 - 01:46 AM
Reason for edit:: You missed a few...

[Rekrul]

holycrip, on Jan 5 2008, 09:37 AM, said:

Check out this message from OptOnline and NBC Unviversal....I have not been able to figure out how they did this .... I am guessing that they baited the file somwhow.

It's simple; You, or someone with access to your computer downloaded two movies over the eDonkey network, which were copyrighted by NBC/Universal. As the files were being downloaded, your copy of eMule automatically made parts of the file available to others who were downloading the same movies. Since file sharing software transfers the files directly between individual users, it needs to know the IP addresses of the people who are sharing the files so it can connect directly to them. Someone representing NBC/Universal simply used a modified eDonkey client to perform a search for those movies and log the IP addresses of every source it found. They then performed a WhoIs search on the IP address to see which ISP it was registered to, and fired off a form letter to their DMCA contact address.

holycrip, on Jan 5 2008, 09:37 AM, said:

I removed any information that I thought might be compromising (IP Addresses, MAC Addresses, etc) but believe me this is for real. Have to tell you that it scared the shit out of me.... Any thoughts on this

So far, I haven't seen a lot of reports of movie studios suing people, unlike the RIAA. I notice that there's no mention of them requesting that your personal information (name, address, etc) be turned over to them, so at this point, it looks like they'd rather let Optimum handle it rather than go to the trouble of suing you. The studios don't seem all that eager to gain the same bad reputation that the music industry currently has. Don't get me wrong, they're not at all ok with people sharing their movies online, they'd just rather avoid all the negative PR that would go along with suing a lot of people. At least for now...

Under current US laws, once an ISP has been informed that one of its users is committing copyright infringment, they are required to take steps to stop it. If they don't, the copyright holder can hold them liable for allowing it to continue. If the user stops sharing the file(s) in question, but is later caught sharing other copyrighted files, they are a repeat infringer and under the law, the ISP can be held liable unless they terminate that user's account. Also, if the same person is caught again, the studio may decide that they need to be taught a lesson and sue them.

holycrip, on Jan 5 2008, 09:37 AM, said:

and how to beat it?

If by "beat it" you mean how to avoid getting in legal trouble for this particular offense, my *OPINION*, which could very well be 100% wrong, is that if you stop sharing those files and/or anything else created by NBC/Universal, then probably nothing more will come of this. This time.

If you mean how can you avoid this happening again in the future while still using eMule to download copyrighted content, well... You can't. Anytime you download something, eMule (and every other file sharing program) automatically uploads it as well, making you a potential target for the media companies. You can try using a blocklist, but they'll never be completely effective (some even claim they're useless). You can also try using an anonymous proxy server, but it'll be hard to find a good one that will work and eMule's performance will suffer because of it.

[Nissenice]

Swedish prosecutor plans this week to bring charges against the people running Pirate Bay.

http://www.reuters.c...723733820080127

This post has been edited by Nissenice: 28 January 2008 - 01:38 PM

[Nissenice]

Quote

Four people involved in the running of file-sharing site The Pirate Bay were indicted in Sweden on Thursday on charges of being accessories to breaking copyright law.

Quote

According to the prosecutor, their work with the site has meant that they "promoted other people's copyright breaches."

link: http://www.thelocal.se/9830/20080131/

[StudMuffin]

I received a scary message originating from ESA (Entertainment Software Association) that went to "ipHouse" then my ISP and to me (I'm in the US). In searches of this forum I didn't see much historically from ESA. Were they particularly active in late February?

Anyway, my eMule server is offline until it can be purged of possibly infringing material. I have a question regarding where to draw the line regarding infringing material. Are the following examples considered allowable?
- movie trailers that are freely available for download
- video game trailers that are freely available for download
- software drivers / patches that aren't being sold

Here's the proposed rationale. Assuming the trailers, drivers and patches are copyrighted, they aren't being sold if they're on my server. It seems pretty common to freely distribute marketing material (trailers). Fair use?

I'm especially curious about software patches. I recently was researching a problem with my AV receiver. I received new firmware free via direct email with the manufacturer's tech support. The firmware isn't available for download on their site but seems to be in heavy demand from users with similar problems. Is it okay to post the updated firmware even if it isn't available on the mfg website?

[kobolds]

I don't think that they come for you just for stuff you mention . anyway
- if you need movie , there's a bunch of watch movie online site (free)
- if you need software , there's alot of open source software (free)
- if you need games , there's alot multi player game offer free to play on net . if you really those that not free , just buy it .

[Some Support]

Quote

- movie trailers that are freely available for download
- video game trailers that are freely available for download
- software drivers / patches that aren't being sold

No, you are not allowed to unless you have the permission of the producer. In general they won't care if you spread their merchandising stuff, but by law you can only do so if they offer it under a license which allows it.

Quote

- if you need movie , there's a bunch of watch movie online site (free)
- if you need software , there's alot of open source software (free)
- if you need games , there's alot multi player game offer free to play on net

And most things you can get legally free from such websites, you can also get from eMule. Thats the point, making public stuff available and saving bandwidth for the publisher. Of course in some cases other alternatives for are more vaible for the user.

[StudMuffin]

Some Support, on Mar 3 2008, 08:17 PM, said:

No, you are not allowed to unless you have the permission of the producer. In general they won't care if you spread their merchandising stuff, but by law you can only do so if they offer it under a license which allows it.

So this is what I want to challenge, figuratively speaking. Even if the license says one is not allowed to copy and redistribute, if the producer doesn't attempt to enforce no redistribute, is it still not allowed? I.e. by allowing some copying (free download of a usable distribution), isn't the copyright holder giving up some of those rights?

Part of what I'm struggling with is the value of P2P networks. I like the idea of a flexible-mesh network that allows tons of mass storage and bandwidth. But if there's no content then who cares?

[Some Support]

Quote

So this is what I want to challenge, figuratively speaking. Even if the license says one is not allowed to copy and redistribute, if the producer doesn't attempt to enforce no redistribute, is it still not allowed?

Yes. Not enforcing something doesn't menas it is legal, it jsut means you get away with it And yes, this is quite restrictive in the degital age, but anyway there are lots of licenses which do allow such publishing like nearly all material published under a Creative Commons License, Public Domain (this includes coyprighted material which protection has expired), most Open Source licenses and of course your own works too.

[jadelith]

so I have a question

lets say you actually own a copyrighted video game. you can prove that you've bought it legally. but then you've scratched the cd, making it unusable, and downloaded it from emule or something.

will riaa sue you (given that you can prove you've bought it)? if so does the fact that you actually paid for it act as a mitigating circumstance?

thanks

[kobolds]

jadelith, on Mar 13 2008, 07:09 AM, said:

so I have a question

lets say you actually own a copyrighted video game. you can prove that you've bought it legally. but then you've scratched the cd, making it unusable, and downloaded it from emule or something.

will riaa sue you (given that you can prove you've bought it)? if so does the fact that you actually paid for it act as a mitigating circumstance?

thanks

riaa sue you not because you download . but because you upload you break distribution laws .

you don't need any rights for download but you need license for upload . upload is consider as distribution . just google around for all letter of infringement that people post on net , read the contents and you will notice this .

if you download through http/ftp , no one will come to you . since only these method allow you to download only .

[wolf99000]

hi guys not sure if any of you know about this new uk thing

http://uk.news.yahoo...wn-6323e80.html

as there is talk of cutting internet of for people that download heres my question how do the isp know what you are downloading do they

lets say you dont download music and films if they dont know you will still get done for stuff

[cafebean]

wolf99000, on Jul 24 2008, 01:54 AM, said:

hi guys not sure if any of you know about this new uk thing

http://uk.news.yahoo...wn-6323e80.html

as there is talk of cutting internet of for people that download heres my question how do the isp know what you are downloading do they

lets say you dont download music and films if they dont know you will still get done for stuff

Your isp don't care. It is the British Phonographic Industry, which tells isps who to cut. The BPI find file shares the same way file shares find each other, search on servers and kad. slyck.com has good coverage on those things.

This post has been edited by cafebean: 28 July 2008 - 07:34 AM

[Raf69ella]

Please help me to understand what a @@@@ is going on ? I just got email from my provider (rogers), that I was detected as involved in illegal activity of abusing copyrights. I live in Toronto, Canada. Since when s it illegal to participate in FREE file sharing community ??? I am enclosing the letter i gt from both rogers and parmount. This isfraking nonsence...

Rogers Cable (Rogers) has received a notice stating that activities associated with your IP address are infringing copyright in material(s) owned or exclusively licensed by others.

The full notice is appended to this e-mail below.

Under section 4(d) of the Rogers Yahoo! Hi-Speed Internet End User Agreement (EUA) and Acceptable Use Policy (AUP), you are prohibited from using the Rogers Yahoo! Hi-Speed Internet service to engage in illegal activities, including activities that infringe copyright. Copies of our EUA and AUP are available at:

http://na.edit.clien...o...ms&.intl=ca

Where there has been a violation of our EUA and/or AUP, including the unauthorized distribution of copyright-protected material, Rogers has the right to take appropriate action against you.

If you have any questions about the attached copyright notice, please contact the sender of the notice using the contact information provided in the notice. Please do not reply to this e-mail.

We trust you will comply with our policies and all applicable laws in using the Rogers Yahoo! Hi-Speed Internet service.

Rogers EUA Management Team
Sincerely,

EUA Management Team

Rogers Yahoo Hi-Speed Internet

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Notice ID: 22-37151255
Notice Date: 5 Aug 2008 20:37:00 GMT

Rogers Cable Communications Inc.

Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount") has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright interests on your IP addresses as detailed in the attached report.

BayTSP has reasonable good faith belief that use of the material in the manner complained of in the attached report is not authorized by Paramount, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the attached report. The Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, as well as bilateral treaties with other countries allow for protection of client's copyrighted work even beyond U.S. borders. The attached documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others unauthorized Paramount's materials in the future.

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.

Please respond indicating the actions you have taken to resolve this matter. The provided link has been assigned to this matter.

Mark Ishikawa
Chief Executive Officer
BayTSP, Inc.
PO Box 1314
Los Gatos, CA 95031

v: 408-341-2300
f: 408-341-2399
paramount@copyright-compliance.com

Recent Infringement Timestamp: 5 Aug 2008 00:23:13 GMT
Infringed Work: The Ruins
Infringing FileName: Ruiny.(rus).ShareReactor.ru.avi
Infringing FileSize: 1465182208
Protocol: eDonkey

[Stoepsel]

Why would we care if you got caught doing something illegal with your eMule, when the forum rules already state that:

Quote

2. No References to Illegal Content Allowed

General or specific references to any illegal content are not allowed. This includes: ed2k links, links to sites which host such content, and graphics which show these materials. Violation of this rule will result in the references being removed and the user warned and/or immediately banned. Direct or indirect promotion of copyright violations is not tolerated and posts WILL be removed.

Edit your post to remove the references to copyrighted content.

[Raf69ella]

Stoepsel, on Aug 6 2008, 05:55 PM, said:

Why would we care if you got caught doing something illegal with your eMule, when the forum rules already state that:

Quote

2. No References to Illegal Content Allowed

General or specific references to any illegal content are not allowed. This includes: ed2k links, links to sites which host such content, and graphics which show these materials. Violation of this rule will result in the references being removed and the user warned and/or immediately banned. Direct or indirect promotion of copyright violations is not tolerated and posts WILL be removed.

Edit your post to remove the references to copyrighted content.

The thing is that I didnt anything illeagal -
Sometimes you search for one file and you get - another...

[Raf69ella]

And I am just wondering what all those people do in the emule project network ?

Explain to me meanings of illeagal ?

[Dick_Manitoba]

Illegal means the same thing in Canada as it does in the U.S. I should know. I live in Canada.

There is an entire thread devoted to RIAA, MPAA stuff on the forum. It is the only place in the forum where stuff should be posted about copyright infringment, etc. I am surprised you missed it since its in the very same section you posted.

http://forum.emule-p...showtopic=25107

Your post will likely get moved there anyway, so why not take a look at the thread. Probably find some helpful information there.

File sharing is legal. Uploading copyright materials to other people is not.

This post has been edited by Dick_Manitoba: 06 August 2008 - 05:11 PM