Copyright Infringement Letter

[Chirag 5]

Maybe they r going to open up for legal downloads, and hence the fear for not using illegal stuff.... i dont think ashras needs to worry at all... Its jus an email, no legal notice!

[Utsav 0]

google!

type a phrase like 'copyright violation letter' or some variation thereof...

STFW!!

(if u don't know RTFM, then u would not know this)

43723[/snapback]

I don't think it is just a case of RIL. I thibnk the movie makers somehow got the info from the trackers and found the URL downloading thefile is allotted by RIM. They might have forced RIL to send in such letters!

What do u ppl think?

[harsh 1]

please post the full email header if you can. that will help us analize from where the mail has come. ie. the ip address of the sender's pc and the pc name. probably that could help us knowing the authenticity of the email and the sender.

[ashras99 0]

You guys dont have to analyze from where the mail come from because i am sure that mail come from Reliance.

[rEdshiFt 1]

I don't think it is just a case of RIL. I thibnk the movie makers somehow got the info from the trackers and found the URL downloading thefile is allotted by RIM. They might have forced RIL to send in such letters!

Exactly... thats how it works, i think.

[anujit 0]

Doesn't matter. Its all pretty illegal I'm sure. Reliance has as little authority to tap your internet connection as it does your phone lines without the explicit consent of the police/courts. And any evidence obtained through unlawful means can be supressed pretty darn easily.

[abhay 0]

have we ever read what agreement we sign before taking a new connection !

it clearly states

1) "the isp has all the rights to mentain all the logs and records about whos connected ......"

2) "downloading copyrighted materials is illegal and stuff ........."

90% of the stuff we ever download is illegal and 99.99999999999.....% of the times we dont get cought, and it goes on and on and on! but there are times that things can get way messy! due take this seriously and check the authencity of the letter if nobody they can even frame you for sharing copyrighted stuff throughout the internet ! and believe me its very easy to change records and stuff and specially if its your own!!

enough of this lecture

dude can you do me a favour since i am not getting that much speeds these days and am in need of more bandwidth could you download some COPYRIGHTED stuff for me off the net i can send you some ed2k linkz

Edited October 12, 2005 by abhay

[ashoksoft 83]

sure abhay... my ISP never made me sign any damn paper ... and hey I download ALL THE COPYRIGHTED crap I want ... all day long.... and the guy from the ISP, writes down CD's from my place

Cheers

Ashok

[anujit 0]

Yes thats true we didn't sign anything!

And even if you did sign such a document it is the responsibility of the ISP to explain each and every term and condition of the contract to you (if he tries to misguide you with this, thats illegal too) and give you a copy of such a contract! I dont have anything!

Which ISP did you sign up with Abhay!

[city02 63]

I actually don't have a problem with WHY the letter was written since copyright violations ARE illegal.

Its with HOW it was written.

As an example, see the difference between such emails (style & detail) sent abroad:

http://www.chillingeffects.org/piracy/noti...i?NoticeID=1428

Sent via: email

Re: Notice of Copyright Infringement

Dear Customer,

We are writing on behalf of Cox Communications to advise you that we have received a notification that you are using your Cox High Speed Internet service to post or transmit material that infringes the copyrights of a complainant's members.

We have included a copy of the complaint letter. Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox is required to "act expeditiously to remove, or disable access to" the infringing material in order to avoid liability for any alleged copyright infringement.

Accordingly, Cox will suspend your account and disable your connection to the Internet within 24 hours of your receipt of this email if the offending material is not removed.

Please be aware that the DMCA also provides procedures by which a subscriber accused of copyright violation can respond to the allegations of infringement and, under certain circumstances, cause his or her account to be reinstated. To do so, however, the response must meet certain criteria.

Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the right to submit to Cox a counter-notification which, to be effective, must include the following elements:

(a) a physical or electronic signature of the subscriber;

( identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

© a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(d) the subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

In the event that you submit to Cox a counter-notification that includes these elements, Cox will forward your counter notification to the complainant and advise them that Cox will cease disabling access to the allegedly infringing material in ten (10) business days.

Unless the complainant notifies us that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity prior to the expiration of those ten (10) business days, Cox will reactivate your account.

Sincerely,

The Cox Abuse Team

--- The following material was provided to us as evidence ---

From: mgm@copyright-compliance.com

Reply-To: mgm@copyright-compliance.com

To: abuse@cox.net

Date: Fri, 6 Aug 2004 14:05:58 -0700

Subject: DMCA Notice [Notice ID: 219506]

[Part 0 (plain text)]

-----BEGIN PGP SIGNED MESSAGE-----

Hash: SHA1

Cox Communications

1400 Lake Hearn

Re: Unauthorized Use of "MGM" Property

Notice ID:219506

Notice Date:6 Aug 2004 17:56:15 GMT

Case ID: 2169682

Dear Sir or Madam:

"MGM", Inc. and its affiliated companies (collectively, "MGM") are the exclusive owners of copyrights in motion pictures and television, including the property listed below.

It has come to our attention that Cox Communications 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 "MGM"'s (property)(s) listed below is taking place. We believe that the Internet access of the user engaging in this infringement is provided by Cox Communications or a downstream service provider who purchases this connectivity from Cox Communications.

This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act .

Depending upon the type of service Cox Communications 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 (property)(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, "MGM" 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 (property)(s) in the manner described herein is not authorized by "MGM", 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 "MGM" with respect to this matter.

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

Very truly yours,

Sarah Bergman

Compliance Manager BayTSP, Inc.

PO Box 1314

Los Gatos, CA 95031

v: 408-341-2300

f: 408-341-2399

What's the biggest difference between the RIC letter & Cox?

Its the level of DETAIL!

When any customer is accused of any wrongdoing, they have a right to know exactly WHAT they have done wrong and WHY its a violation of any laws/terms...

[cracker 0]

use proxy ip

and next time if u want to download hollyW movie get the download

link from desi-tek of google groups.

u'll not face such problem.

Edited October 13, 2005 by cracker

[RajanPERT 0]

@City02!

The reliance mail is very unprofessional but it is confirned by ashras99 that email is sent by the reliance to him. If ashras99 want he can take action and write mail to reliance back and ask for clarification about mail.

I think ashras99 did not want to discuss this with reliance or already discussed. ashras99 please share ur experience with us, r u send a reply mail to reliance? if yes, what did the clarification given by them? and if not, please send reply.

Thanks and Take Care!

Edited October 14, 2005 by Rajanpert

[Arun 795]

Reliance does seem to have an anti abuse help desk for their network and I've found their anti abuse department's details when I checked their network information with APNIC. So they must hav got a report with the IP address from the international agency as pointed out by ashras99. P2P networks are filled with bogous files and monitored heavily by such monitoring agencies these days !

[TCP/IP 0]

Because you didn't get caught YET doesn't mean you won't at some point or the other. Repeated offenses CAN land you in trouble although not likely. A proxy gives a false sense of security. True that it does mask your IP in some sort of ways but the ISP can still find out what you are doing. The best way is to use a VPN. There are some VPN providers that will allow the use of P2P Networks.

[linuxguy 0]

why the hell are you guys so worried? Reliance hasn't sent a legal notice to him. That letter which he received through email has little or no legal standing. As pointed out by city02, the ISP MUST tell you what, when, where, how was the offence committed. And in the digital world its very easy to escape such charges. This is India after all, someone could've spoofed your IP and misused your connection for all you know!

[rakesh5295 0]

i would advise never take ur isp lightly. 99% of the cases if they want they can track what u r doing and in general people download illegal things like movies cracks etc or visit worng sites... any fight witht he isp can lead to a sitaution where the isp will open up ur wrong doings and now even if its india the cyber police is active and even thought u may win the case, till the time case is in courts ur real life will be affected like ur name will be in news papers or whatever... i do know that isp can track everything and they do take action if they think that the person is doing with wrong intentions... mostly when we do anything wrong on net we dont feel it wrong becuase its a virtual world but guys !! beware now....

[amitbt22 2]

Whether Torrent activity is also identified Or traked by d Isp (i.e which type of material is downloaded)

[TCP/IP 0]

This is India after all, someone could've spoofed your IP and misused your connection for all you know!

44910[/snapback]

Is that what you plan to tell your ISP if a complaint arise or just for your own satisfaction? Your ISP can determine the type of connection from their logs.

[linuxguy 0]

Haha. Well, it's all very simple really. You flood their servers and *poof* their servers delete all the logs pertaining to all connections Don't ask me how... Anyway, Indian ISPs would care $hit about what you do. Why? Well simply because US of A's law enforcement agencies dont have jurisdiction over here and by the time they actually convey the info to the cyber crime cell, the ISPs servers have long deleted the "offending" logs ^^

[Shabz 8]

I was thinking of going for freedom at night plan solely for downloading movies and that too english what do you people advice I should do so that I do not receive such mails

and if I download say in 4 nights will the IP adress be same the all time

[ashras99 0]

Yes, for downloading movies that's a good plan and your IP will be different everytime when you connect the Rconnect.

[linuxguy 0]

doesnt matter whether your IP is different or same. As long as you login to your ISP's server you can be caught

[abhay 0]

I was thinking of going for freedom at night plan solely for downloading movies and that too english what do you people advice I should do so that I do not receive such mails

and if I download say in 4 nights will the IP adress be same the all time

45053[/snapback]

buddy as said this is a very rare case in india! atleast i never heard of it in india

as of now you can continue with what most of us are doing ! download as much as pirate stuuf as we can

but if some othere cases spring up then we will have to take some measures to protect our right to download pirated stuff

Edited October 27, 2005 by abhay

[kshah 452]

hey, dont think so much, do some research

http://cag.nic.in/cyber_laws/india.htm

http://www.naavi.org/edit_today.htm

http://www.cybercrime.in/modules/news/

you may get many answers, just speculations will not help. There are rules for every thing, but not necessaryli enforced, if enforced, not necessary that has severe penalties.

http://www.cyberpolicebangalore.nic.in/cybercrimes.htm

http://www.tata.com/0_knowledge_centre/ipr...t_effects11.htm

http://www.tatamcgrawhill.com/digital_solu...ksood/chap1.htm

http://www.us-cert.gov/cas/tips/ST05-004.html

Edited October 28, 2005 by kshah

[gsn 0]

Hi,

This is the mail I got from Reliance. And that too, it is not an e-mail, it's a hard copy on their letterhead. I am on the initial free usage period of two months. Please let me know if any paid users have received this letter, and where you using a torrent client or a P2P to download.

Dear Customer,

You may be aware that there are various national and international agencies that monitor Internet traffic on an ongoing basis. This monitoring is done for the following reasons:

• To prevent misuse

• Limit Damage caused by spread of computer viruses

• To prevent any copyrights violations

• For managing individual’s security

These agencies share information related to breach and violation of Internet usage with us regularly.

It has been reported to us that the Reliance phone No 9xxxxxxxx0, was used for accessing Internet, using Reliance R-Connect data service and some information of a Copyright Product owned by a company was downloaded from a Network Community on February x, 2008, February x 2008, February x 2008 at 4:28, 1:08, 6:22, 12:33, 0:09 Hrs IST that leads to Copyright Infringement.

Copyright Infringement is a serious and punishable offence according to the National and International Laws related to Cyber Crime and may cause Legal Action to follow.

Please take this into your notice and kindly ensure that such incidents are not repeated in the future. In case there is repeated misuse of the R-Connect service, we might be constrained to discontinue the Reliance service.

If you have any queries regarding this, then please feel free to contact us.

Thanking you.

Yours Sincerely,

ISM HELPDESK

E-mail : ism.helpdesk@relianceada.com