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Old 12-12-2007, 12:21 PM  
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Default Re: DMCA Notifcation

Nurta,

Couple things are likely going on at the MPAA now that you have received that notice;

MPAA is likely moving for a subpeona to get your contact information from Comcast
MPAA is likely creating a settlement offer for an outrageous amount of money

You should read up on the methods/processes they used to identify you as the offender. Because they tend to use crappy methods, you can ask the court for summary judgement that you did not commit the offense since they cannot identify, with specificity, that it was you.

Then, move for discovery using the questions here in the linked PDF

Pike & Fischer Internet & Law Regulation

This PDF deals with the RIAA but they use the same methods to identify people so it applies here. Also read up on the Oregon Atty General's investigation into the RIAA based on, what he feels are several offenses they committed by improperly investigating the person referenced in that case. Your state may have similar laws preventing the MPAA from utilizing the methods they used. (i.e. practicing private investigation without a license)

A very good source of information can be found at

Recording Industry vs. The People

The easiest way to avoid this kind of thing is not to upload movies ;)
If they cannot identify, with certainty, that it was you, move to dismiss with prejudice.

Of course, the easiest way to deal with this is not to upload a crappy movie in the first place ;)
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Old 12-12-2007, 12:28 PM  
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Default Re: DMCA Notifcation

If I had seen your reply last night I'd probably be freaking. However after reading literally hundreds of forums today from people who have received these very same letters I'm not so sure. It would seem Comcast is sending literally thousands of these emails out each month and they're doing it to cover their asses.

I have no clue what the movie was, I told him to delete every god damn thing on his PC and all programs that do this shit too. I actually found some very good websites about this one here. Infringement Support » Types of copyright infringement letters I think for now I'm not going to respond unless I get something in the mail and not an email. This notice didn't even list who the copyright owner was. There is allot of buzz on the net that comcast is trying to scare its' customers into using less bandwidth. Time will tell, I didn't do this but someone on my network did. We'll just hve to see where it goes. Also I am told that if comcast is subpeona'ed to give my info I must be contacted first. I am trying to find out how true that is. There's so many rumors on the god damn internet
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Old 12-12-2007, 12:36 PM  
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Default Re: DMCA Notifcation

There are several RIAA cases that correspond directly to your situation (i.e. where someone was contacted with the letter, based on someone ELSE on the network doing the file sharing)

If you go to ars technica and do a search on RIAA you'll see several effective defenses for that situation.

Hope it all works out well for ya!
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Old 12-12-2007, 01:20 PM  
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Default Re: DMCA Notifcation

My brother got a letter like that a year ago, and nothing has happened yet. I wouldn't continue to grab crap from torrents, though.
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Old 12-12-2007, 01:59 PM  
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Default Re: DMCA Notifcation

A relative of mine got a similar written letter from Comcast, it did mention a copyright holder through normal mail. Nothing happened.
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Old 12-12-2007, 02:23 PM  
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Default Re: DMCA Notifcation

Wanted to add DMCA law suits are civil not criminal. As far as I know. Had a friend that was sued for millions. Over MIDI's of all things.

WE WANT MIDI!

Honestly I think it's the only way the dude (Stephen Kern) could make money lol
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Old 12-12-2007, 07:12 PM  
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Default Re: DMCA Notifcation

Use Peer Guardian, not full proof, but a hell of a lot better than nothing. I wouldn't worry about it much, I had a couple buddies get em and nothing came of it.
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Old 12-12-2007, 07:19 PM  
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Default Re: DMCA Notifcation

Quote:
Originally Posted by Otis View Post
If that's the case, then I'm sure it's not encoded with any DRM protection. I'm also sure this is just a scare tactic. They rely on Comcast to send those letters to get you to stop.
These days though, people are getting perfect copies of the movies, like episode 3 of Star Wars, and I saw some on TvLinks that were DvD quality yet they were still in the theatres, they often had numbers @ the bottom...

But yea, just sounds like a scare tactic...

Also, Comcast is cracking down on P2p, I had to get Utorrent to get around their methods, I was trying to DL a music video and I kept losing my connection, was trying to figure out wtf was going on... Looked on Google and found an article about them cracking down on it, so this is prolly phase 2...
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Old 12-12-2007, 07:35 PM  
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Default Re: DMCA Notifcation

Netflix + DvD burning
You may not get stuff right when it comes out, and it still costs money, but at least it's safer to do.
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Old 12-12-2007, 08:43 PM  
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Default Re: DMCA Notifcation

Quote:
Originally Posted by Otis
Well, I would like to know what kind of version of this movie we're talking about. Is it one of those hand-help camcorder versions? It almost has to be, isn't it still in theaters?

Yeah, has to be. It's still in theaters.


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I suck with quotes

I have had a freaking shitton of movies in there dvd or screener formats WEEKS before they were even out in theatres, Shit, I had a copy of that movie in a dvd rip looking avi few days before it was in theatres :P

not bustin balls, just saying that if its in theatres, you can still get nice copies :p
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