ISP Accused Of Using One Unsubstantiated Strike From The ESA To Close Down Account
from the one-strike dept
Forget "three strikes," according to some folks, there are ISPs using only a single claim of copyright infringement to kick people off their network. Reader Dez submits a story of a woman who apparently lost her ISP account after the Entertainment Software Association (ESA) sent a single complaint about copyright infringement on her account -- a claim which she insists is bogus:And then today I get a call from whoever last bought our account saying that they turned our Internet connection off because they received a notice from the Entertainment Software Association that claimed that we had pirated software.Needless to say she's not happy. She apparently called the ESA, and they didn't seem to believe her:
...which is funny because the only thing I have torrented in the past year is Ubuntu. You know, Linux. Freeware Linux.
And also, fuck the Entertainment Software Association and your phone guy who didn't want to believe that wardriving is a real thing or that perhaps one of our neighbors was using our wifi while I didn't have our router locked down (while setting up the PS3 on the network), or even when it was (it's really not that hard to hack a router).Now, obviously, this is just one side of the story, but it does seem troubling that an ISP might be kicking people off with no apparent recourse after a single accusation (not conviction) of copyright infringement. Has this happened to anyone else?
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Filed Under: copyright, due process, one strike
Companies: esa
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go websense?
Reason:Matched categories:
Sex
Sites that depict or graphically describe sexual acts or activity, including exhibitionism; also sites offering direct links to such sites.
URL:http://www.betweengirl.com/2010/08/isp-bullshittery.html
Apparently bullshittery in the subject line means it's a sex site!
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Re: go websense?
"The link you are accessing has been blocked by the Barracuda Web Filter because it contains content belonging to the category of: Porn"
And I didn't even use your link, just the domain name....
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Re: Re: go websense?
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Re: Re: Re: go websense?
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Re: Re: Re: go websense?
'Adult/Sexually Explicit'
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Re: Re: go websense?
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More of my side
I wrote that post in a fit of rage and may not have told the complete story. I called my ISP to see what could be done. They told me to call the ESA. "...and then what?" I asked. The ISP guy was very short with me and basically just told me to call them.
So I did. The ESA guy said that normally ISPs just send a warning on a "first offense". So I asked him, "What now? I just call my ISP back and tell them you said this and they're going to take my word for it?" He basically shrugged over the phone.
Knowing that my ISP was already unhelpful, rude, and accusatory, I simply called them back and canceled my account.
Everyone I spoke to (or left messages for me) spoke to me in an accusatory, rude tone and at no point was I asked for any explanation or my side of the story. In fact, the ESA guy never even took the case number that I was given. THAT'S what really got me up in arms.
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Re: More of my side
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Re: Re: More of my side
Then again, the dog has been acting kind of suspicious lately....
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Re: Re: Re: More of my side
Upgrade his firmware to include the latest phone-home technology straight to the FBI and MI6. He'll be fine....
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Re: Re: More of my side
but they probably are, with what has been reported of late the copyright people in the UK wanting to stop all streaming.
wanting both UK /SA to stop all creative commons and freeware (linux) i would not put it past them to take a really aggreasive stance and suie anything that move in those directions.
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Re: More of my side
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Stupid
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Re: Stupid
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USFamily.Net Policies
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Re: USFamily.Net Policies
On the other hand, you should be glad to be rid of them. People say cuss words in this blog all the time. you might get perma-banned from your ISP for that...you know cause you control what others post.
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Re: USFamily.Net Policies
Thanks for sharing.
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I of course immediately terminated the account and signed up with cable (Excite@Home I believe it was called, which later became AT&T and them Comcast) but they lost potentially thousands in revenue from that single e-mail.
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Let me see here....
Sounds familiar.
I'm what's called an early seeder for the Mandriva distro so with each release there's a hell of a spike in my torrent use.
Couple of years ago I got a call from an ISP I used then to ask about the traffic spike, well, by then it had been 5 weeks of slow speed seeding so it was hardly a spike by then. Told the service rep who, at one point asked me if Mandy was any good and proceeded to join the leechers as we chatted. We had a pleasant enough chat and left it at that.
Couple of days later I got an email from the tech who told me that he found the problem and and it was a package in the distro called, ready?, Tux Racer, which has been there since forever, which, it seemed someone had complained about violating their copyright or whatever. No packet inspection or anything like that by the ISP, just a friendly and very amused email, tech to tech at what kicked everything off. Oh, and he loves Mandy.
Can't say it's the same thing but it does raise alarm bells. Tux Racer, for the uninitiated is a game that's released under GPL. Not the sort of thing that would interest a hard core gamer but it's there.
All in all I agree with PikaPikaChick. She's best to move on.
Over the years I've come to regard certain ISPs with suspicion and even the name of this one raises that suspicion as does the working of the Civil Discourse section of their TOS. That they found it necessary to write this tells me they have brought some "uncivil" discourse on themselves with high handed, ignorant decisions like this. Oh, and do tell my mother!
Bankruptcy awaits.
Though it doesn't bode well for what the ESA thinks they can and cannot get away with now and in the future.
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Re: Let me see here....
Nah, that's what we've got bailouts for these days: So you run your business as crappily as you want and the gov't can then bail you out.
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Free software is not illegal.
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Best to vote with your pocketbook
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Re: Best to vote with your pocketbook
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movies
(I have changed all of the personal information such as IP, time, date, hash numbers etc so I can show this.)
An exact copy is emailed to the customer or snail mailed.
The second time, it is emailed with a warning.
The third time, the account is disconnected.
Subject: Case ID 0000000001 - Notice of Claimed Infringement
RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled (Whatever the name is)
Dear Network Administrator:
We are writing this letter on behalf of Whatever movie company ("Whatever movie company.").
We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a "peer-to-peer" service, including such title(s) as:
Whatever the name is
The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
Since you own this IP address (169.127.44.99), we request that you immediately do the following:
1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Whatever movie company content without authorization; and
2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
On behalf of Whatever movie company., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Whatever movie company., its respective agents, or the law.
Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.
Please direct any end user queries the following.
Whatever movie company
Attn: Worldwide Anti-Piracy
Kindly include the Case ID 0000000001, also noted above, in the subject line of all future correspondence regarding this matter.
We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.
Respectfully,
Enforcement Coordinator
Whatever movie company
------------------------------
INFRINGEMENT DETAIL
--------------------
Infringing Work: Whatever the name
First Found: 11 Aug 2010 17:21:39 EDT (GMT -0400) Last Found: 11 Aug 2010 19:21:39 EDT (GMT -0400) IP Address: 169.127.44.99 IP Port: 50358
Protocol: BitTorrent
Torrent InfoHash: 66693AA57A8A917123453456799CEEC030B6CA522
Containing file(s):
Whatever,the,names.DVDRip.XviD-DiAMOND.[UsaBit.com].torrent (735,695,665 bytes)
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Re: movies
Re:case 000000001
Dear F-cktards,
Kindly go f-ck yourselves.
Respectfully,
A Civilly Disobedient Citizen.
(replace "-" with appropriate letter)
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Re: movies
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There was no fact finding, there was no proven infringement or anything else at that point only accusations.
Those people don't like to fallow the law, well people can play that game too.
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Of course it would be nice if ISP put up a moderate amount of resistance for their customers, but they seriously would rather lose 1000 customers than have to go to court over a supposed infringement once.
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Re: Re: Re: Re: Re: movies
That is debatable.
In addition, if they want to charge an ETF, they will need something more than "a little birdie told me so".
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Re: movies
I know that it's not the responsibility of the staff at ISPs to sort out the truth from the lies, but frankly it's not the subscribers' responsibility either. Fortunately we already have a perfectly adequate framework in place: representative of rights-holder suspects infringement, then goes to court to get an order for the ISP to provide one specific subscriber's name per individual accusation, ISP provides the name, representative of rights-holder files a suit and hopefully has enough evidence, subscriber responds, court decides. It's a perfectly fine process that respects everyone's rights and (nearly) balances all interests. This disconnection nonsense has to stop. If a ISP is not equipped to verify that the infringing traffic took place, then why is it willing to take action to mitigate it? Why not just say "prove it or GTFO"?
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Re: Re: movies
The email is sent from verified sources. (Not just 'some' random email - There is more indepth in the process between the isp and the company (the source) sending the email.)
The email has information to contact the source, and all information about how / what is used is stored there so if needed, it can be presented in a court of law. This would include the evidence.
A verification is made before it is sent
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Re: Re: Re: movies
Question; What is verified and how is it accomplished?
I'm guessing that the verification is simply looking in the log and finding who was using that IP at that time. I doubt the infringement is actually verified as this would require time and effort, something which is not cost effective. They might say use of a particular protocol or joining a p2p network is "proof", but that is a load of bull.
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Re:
Die leech! Die leech!
Just kidding, I'm remembering the good old times in the P2P forums LoL
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