Indeed. Waste of time.
ISP says: Notice of alleged copyright infringement
- Thread starter ZeniTimes
- Start date
Indeed. Waste of time.
Doesn't matter if you think it isn't illegal. The T&Cs will prohibit you from downloading and distributing copyrighted material.
They can terminate your contract.
That isn't an excuse as far as the ISP is concerned. They can still terminate your BB connection.
They can terminate your contract.
They cant see what's going on behind my router can they?
It could have been anyone, unsecured wireless network, maybe some hacked in to it
That isn't an excuse as far as the ISP is concerned. They can still terminate your BB connection.
Soldato
They cant see what's going on behind my router can they?
It could have been anyone, unsecured wireless network, maybe some hacked in to it
Unfortunately. I believe the law now sits that it's your connection, you at fault. If it's unsecure/hacked then it's totally you to prove that.
Associate
I'd be interested in any details you've come across on this.
I've read of law firms who are pursuing copyright cases making this sort of assertion (and they would, wouldn't they), but don't know if it has been tested in court.
I'd be interested in this too. After all, if I hired a car and allowed someone else to drive it (with permission), would I have to pay any fines he incurred for speeding or going through red lights?
Associate
RichD - you may be interested in this article.
http://www.guardian.co.uk/technology/2011/feb/08/filesharing-prosecutions-digital-economy
And to extend your car analogy, if you left your car with the engine running and someone took it without permission, then it's theft. The open wifi equivalent is seemingly "dishonestly obtaining electronic communications services with intent to avoid payment" - http://www.thinkbroadband.com/news/3060-two-people-arrested-over-wi-fi-use.html
http://www.guardian.co.uk/technology/2011/feb/08/filesharing-prosecutions-digital-economy
And to extend your car analogy, if you left your car with the engine running and someone took it without permission, then it's theft. The open wifi equivalent is seemingly "dishonestly obtaining electronic communications services with intent to avoid payment" - http://www.thinkbroadband.com/news/3060-two-people-arrested-over-wi-fi-use.html
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Basically what happens is these big companies, for example Sony will email your ISP saying you've been illegally downloading. They have the file name and your IP address. ISP's keep on record who had what IP and when. So they'll find you and will send you an email saying you've been caught.
Usually, big companies will only persue people who downloading hundreds of torrents a day. If I were you, I'd just keep it on the low for a while and just do streaming.
It is all totally legal as these big companies own the copyrights to their material... It's all in the acts, Misuse of the Internet etc etc...
Usually, big companies will only persue people who downloading hundreds of torrents a day. If I were you, I'd just keep it on the low for a while and just do streaming.
It is all totally legal as these big companies own the copyrights to their material... It's all in the acts, Misuse of the Internet etc etc...
If you look at the torrentfreak news site, or even bbc news technology section today, you will see some interesting stuff regarding acs law, a cowboy outfit who have been threatening people on behalf of copyright holders.
They tried to abandon all thier cases at the 11th hour as they knew they wouldn't stand up, the judge rightly has identified it as a profiteering exercise, and is not allowing the cases to drop, in summary they are about to get a right fisting, they are already under investigation by the data commissioner for breaches of the DPA, and the solicitors regulatory authority for dubious practices.
They tried to abandon all thier cases at the 11th hour as they knew they wouldn't stand up, the judge rightly has identified it as a profiteering exercise, and is not allowing the cases to drop, in summary they are about to get a right fisting, they are already under investigation by the data commissioner for breaches of the DPA, and the solicitors regulatory authority for dubious practices.
Associate
just don't steal stuff and you won't get the hassle!
The law doesn't sit anywhere presently, as a properly defended case has never 'gone all the way' see my post above, it's all conjecture until a precident is set.
That's not the point though, prosecution relies heavily that the subscriber is responsible for all/any illegal activity from thier ip, and given the prevalence of malware and the ease of wifi hacking, it's highly debatable weather the argument could hold any weight in court.
This is further confirmed by legal firms pulling out of prosecutions of defended cases at the last minute because they don't fancy their chances. It has been documented that innocent people have been targeted, make no mistake, this has nothing to do with protecting copyright., and everything to do harrasment and profiteering.
Soldato
Soldato
Who is your isp?
Technically, we are talking about copyright infringement, which is a civil offence. Piracy involves parrots and cutlasses, and most probably a bottle of rum and a yo ho ho thrown in for good measure.
The diagram is flawed as piracy Is theft, generally from a boat on the high seas.
Piracy has nothing to do with copyright infringement.
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http://www.i-am-bored.com/bored_link.cfm?link_id=18812
This is just for jollies I sympathise with your situation, guilty or not.
This is just for jollies I sympathise with your situation, guilty or not.
Associate
- Joined
- 29 Oct 2009
- Posts
- 432
Ignore it until they send a letter or knock on the door!
Disable PEX Peer Exchange and such in the client settings and stay away from the obvious.
Changing the port number and encrypting the data may help.
But what would i know... Seems it goes without saying and i dont use such protocol.
Disable PEX Peer Exchange and such in the client settings and stay away from the obvious.
Changing the port number and encrypting the data may help.
But what would i know... Seems it goes without saying and i dont use such protocol.
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Soldato
I dare you to show this to my wife (a barrister)!!
I made the mistake of asking for her opinion on this once - I appreciate what you are saying as Theft is defined as intentionally permenantly depriving someone of a item, but as data is intangible and can be duplicated how can it be theft... I think I switched off after about 20 mins.
We agreed in the end it's theft in the moral sense but not in the legal sense.
Associate
things like this just show privacy really is dead.
Soldato
the only reason 'piracy' is equated with theft is that theft carries negative connotations. Which sounds worse - calling a someone a thief, or calling someone a copyright infringer? Exactly. Anyway - so what if you made copy. As for moral vs legal - since when do we have courts of morality? We don't we have courst of law, so as for theft in the moral sense that's a load of nonsense as well.