Received complaint from Abuse@Charter.net

Discussion in 'General Off-Topic Chat' started by Haloman800, Mar 3, 2011.

Mar 3, 2011
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    Haloman800 a real gril

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    My dad received two complaint emails from Charter telling him that someone using their internet is downloading copyrighted software.. It even said the name of the file...

    Can they do anything? And are there any free services that let you download torrents anonymously?

    Thanks.


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    Sylar1 New Member

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    Were they movies? I didn't think they cared that much about people downloading games
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    Haloman800 a real gril

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    It was a Wii Game. PM me for the title if you want to know. I don't even want to say it here.


    Will they do anything about it? And what can I do to prevent this in the future?


    EDIT: Does anyone use Peerguardian2, does it work with uTorrent?
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    rdurbin New Member

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    Try using a private torrent site. I have never received one since using them, but have more than once using public ones. I don't think its allowed to give out links to private torrent sites, so you just gotta do a search for them. You can also use a program that blocks certain ip # from seeing your ip# when you download a torrent
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    Mchief298 Reject My Fix

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    Look... Stray from torrenting... It's a double edged blade..
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    Haloman800 a real gril

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    What would you recommend? I mean, a program that blocks certain IP's.

    And does this mean you've received a complaint before? Did they do anything after you received it?
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    Mchief298 Reject My Fix

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    The law can be brought into this if they find out. You can possibly face fines/imprisonment, or just being barred from internet access.
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    Haloman800 a real gril

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    If they find out what? How do I avoid this?
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    TehSkull Addict

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    Stuff like this is why I use JDownloader and RapidShare/MegaUpload/etc links.

    Also, if someone is on your wifi network, you can use your router's DHCP client list to find their MAC address, then put it on your black list. I can help you with that if you need any.
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    twiztidsinz Taiju Yamada Fan

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    You're not going to face jail time unless you've leaked a major game.
    The letter you got was from your ISP, they cannot do anything to you beyond cutting your internet off (unlikely as you're paying them every month).

    Most likely if anything happens after this you'll get a letter from the company or someone representing the company or it's rights holders saying "This is what you've downloaded, this is how much we want. Pay or we'll bring you to court", and then most likely not hear from them again.
    Essentially what they do is they contact your ISP, tell them to give over the info (sometimes the ISPs refuse and they'll get a judge to order them to turn over a long list of names) then send you a letter asking for an out-of-court settlement trying to get money from you with out any extra costs on their end.
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    Searinox Just a taste~ ;3

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    Valid excuses:

    -I am hosting a proxy
    -my computer was infected and out of my control
    -I am using a wireless router with no encryption

    Best thing to do? Don't respond to them. You get asked? You didn't get the notice. You have no understanding of what web protocols, torrents, P2P and IPs are. Btw most of these things come through PHYSICAL mail, NOT to your email address. Check the recipient and sender lists and google the provenance to make sure they are a legitimate DMCA complaint forwarder and not some email scam.
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    Haloman800 a real gril

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    Please, someone, would you paste for me what to say back to them, and I'd just fill in the blanks with "FILE NAME" "COMPLAINING COPYRIGHT HOLDER" "MY NAME", to send back to them?

    Thank you so much

    I checked, it's Charter's legit email for when stuff like this occurs.


    I found this on another website, should I send them this, or nothing at all, or something different? Here it is:


    Dear Charter.com:

    Thank you for forwarding me the notice you received from (COMPLAINER) regarding "WHATEVER YOU LIBERATED". I would like to assure you that, contrary to the assertions in the notice, 1) I am not hosting or making available the claimed infringing materials, and 2) you are already protected by the Digital Millennium Copyright Act's ("DMCA") safe harbor from any liability arising from this complaint. The notice is incorrect, probably based upon misunderstandings about law and about some of the software I run.

    First, in terms of legal liability, this notice does not create any risk for you as a service provider. As you know, the DMCA creates four "safe harbors" for service providers to protect them from copyright liability for the acts of their users, when the ISPs fulfill certain requirements. (17 U.S.C. § 512) The DMCA's requirements vary depending on the ISP's role. You may be most familiar with the "notice and takedown" provisions of DMCA 512©, but those apply only to content hosted on your servers, or to linking and
    caching activity. The "takedown notice" provisions do not apply when an ISP merely acts as a conduit. Instead, the "conduit" safe harbor of DMCA 512(a) has different and less burdensome requirements, as the D.C. Circuit Court of
    Appeals held in RIAA v. Verizon (see
    »www.eff.org/legal/cases/RIAA_v_V···1219.pdf) and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter (see
    »www.eff.org/IP/P2P/Charter/033802P.pdf).

    Here, any content that came from or through my computers merely passed through your network, so DMCA 512(a) applies. Under DMCA 512(a), you are immune from money damages for copyright infringement claims if you maintain "a policy that provides for termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers." If you have and implement such a policy, you are free from fear of copyright damages, period.

    As for what makes a reasonable policy, as the law says, it's one that only terminates subscribers who are repeat infringers. A notice claiming infringement is not the same as a determination of infringement. The notification you received is not proof of any copyright infringement, and it
    certainly is not proof of the "repeat infringement" that is required under the law before you need to terminate my account. I have not infringed any copyrights and do not intend to do so. Therefore, you continue to be protected under the DMCA 512(a) safe harbor, without taking any further action.

    You might be curious, though, about what did trigger the notice. The software that likely triggered the faulty notice is a program I run called Tor. Tor is network software that helps users to enhance their privacy, security, and safety online. It does not host or make available any content. Rather, it is part of a network of nodes on the Internet that simply pass packets among themselves before sending them to their destinations, just as any Internet host does. The difference is that Tor tunnels the connections such that no hop can learn both the source and destination of the packets, giving users protection from nefarious snooping on network traffic. Tor
    protects users against hazards such as harassment, spam, and identity theft. In fact, initial development of Tor, including deployment of a public-use Tor network, was a project of the U.S. Naval Research Laboratory, with
    funding from ONR and DARPA. (For more on Tor, see
    »www.torproject.org/.) As an organization committed to protecting the privacy of its customers, I hope you'll agree that this is a valuable technology.

    Thank you for working with me on this matter. As a loyal subscriber, I appreciate your notifying me of this issue and hope that the complete protections of DMCA 512 put any concerns you may have at rest. If not, please contact me with any further questions.

    Very truly yours,
    Your customer, YOUR NAME HERE




    ------

    I've never used Tor, I've heard of it before but I'm not even sure what it is, and it's mentioned in the email.

    Should I send this, or nothing at all, or..?
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    Rydian Resident Furvert™

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    You should stop if they've already sent two notices. I mean unless risking a lawsuit for more money then you're worth is worth a few free Wii games or whatever, but if you're that kinda' person...
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    Haloman800 a real gril

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    It's about the same game, and they sent them both within a day of each other.

    If I run PeerBlock on start-up, is it safe to use uTorrent? Or is there some other precautions I should take?
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    twiztidsinz Taiju Yamada Fan

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    I wouldn't send ANYTHING back to them unless is explicitly states you have to.
    The more contact you have with them or the company behind the letter, the more visible and noticeable you become.

    Don't bother with TOR, it's a great idea but not perfect and you typically get extremely slow speeds. I tried using TOR for browsing the web and my speed slowed to a crawl.
    And listen to Rydian, stop downloading stuff... for a while at least. Give it a few months (like 6+) and they'll forget about you completely.

    If you insist on continuing to download, get Usenet or stick to direct-download sites -- both of which you'll end up spending money on (Usenet isn't free and DDL sites suck for downloading files over 100MB without a premium account).


    Nothing is 100% safe and there is no 'proof' PeerBlock works or is effective, but you're always more protected than without it since anything is better than nothing.
    I'd recommend setting it up to start this way: http://www.peerblock.com/userguide/how_to_...raccountcontrol
    As it will not prompt you to start every time your computer starts.
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    Hero_Of_Fate New Member

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    The first time it was done, it was more than likely that they were just warning you to knock it off. Since they sent another, you could be on some thing ice. Is it really worth 2 free Wii games?
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    Joe88 [λ̨̞̪͖̫̤̪̫̩̻̯̯̤͚̣͍̠̅͌ͧ͑ͤͫͧ͐̎̆̅̎́̀̚̕͟]

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    switch ISP's, that is all you can do if you wanna be a dirty pirate.
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    DarkShinigami #1 strongest Shinigami BANKAI

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    thats a lie i downloaded a sims 2 torrent(dont know why) and the service provider i used game me a waring.
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    Haloman800 a real gril

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    PeerBlock is actually blocking GBAtemp from loading, so I've just disabled it.

    I won't download for at least six months. We also have 2 internet connections so I'll switch to the other one as well.

    How do I stop PeerBlock from blocking GBAtemp?
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    Haloman800 a real gril

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    It was the same game I received emails about. I'm not sure what's up with that.

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