Supboena warning from ISP following DMCA demand for $200

[Balt]

Again, if this is really how it works then can someone explain how every McDs, Starbucks and nearly every other shop has free open wifi ?? You'd think they'd HAVE to charge a few $$ just to cover these bs settlements.

I'm guessing that you're pretty limited with what you can do over their network. I doubt they have the ports open for torrenting or FTP. They probably have a net nanny filter of some kind too to keep people from visiting naughty sites.

 

[Fritzo]

Why do you leave your wifi open?

I handle one of those types of cases every week (I work for an ISP). Here's what typically happens:

1) We receive a nastygram from a production company lawyer.
2) We match the IP address and computer ID to a customer and forward the message.
3) A followup nastygram is sent to us, demanding action because there has been no response.
4) We disconnect their service to force them to call us.
5) They always say something like "someone hacked me", "A virus did it", "Someone got on my wifi", etc. Not once have I ever had someone say "Yeah, I did it. I'll delete the content (which would make the problem go away)."
6) We go round and round, and sometimes the police show up to subpoena our records.
7)After that I imagine a lawsuit takes place.

So...if you actually did download something you weren't supposed to, simply say something like "I downloaded "whatever" and the website I got it from presented it like it was free content. Since you have informed me I obtained this illegally, I have removed any and all copies from my computer and will not visit this website again. Thank you for informing me."

 

[AnonymouseUser]

2) We match the IP address and computer ID to a customer and forward the message.

How, exactly, do you do that?

 

[baydude]

$1500 to settle for $2200? Why didn't you just pay the $200?

 

[Fritzo]

How, exactly, do you do that?

I misspoke, I meant user ID, not computer ID. We match an IP address to the person's PPPoE username.

 

[Red Squirrel]

I'm so glad I don't live in the states. I can torrent all I want without worrying about this insanity. Good luck, hopefully you can somehow get out of it.

The issue when it comes to piracy is unlike other crimes, they don't actually need any proof, they'll just prosecute you anyway.

 

[TakeNoPrisoners]

I'd say ignore it, just sounds like they are trying to scare you.

 

[Imyourzero]

I handle one of those types of cases every week (I work for an ISP). Here's what typically happens:

1) We receive a nastygram from a production company lawyer.
2) We match the IP address and computer ID to a customer and forward the message.
3) A followup nastygram is sent to us, demanding action because there has been no response.
4) We disconnect their service to force them to call us.
5) They always say something like "someone hacked me", "A virus did it", "Someone got on my wifi", etc. Not once have I ever had someone say "Yeah, I did it. I'll delete the content (which would make the problem go away)."
6) We go round and round, and sometimes the police show up to subpoena our records.
7)After that I imagine a lawsuit takes place.

So...if you actually did download something you weren't supposed to, simply say something like "I downloaded "whatever" and the website I got it from presented it like it was free content. Since you have informed me I obtained this illegally, I have removed any and all copies from my computer and will not visit this website again. Thank you for informing me."

They just take your word for it? You can just say you deleted the file(s) and they'll call off the dogs just like that? I'm skeptical, but then again I don't work for an ISP.

 

[Nintendesert]

They just take your word for it? You can just say you deleted the file(s) and they'll call off the dogs just like that? I'm skeptical, but then again I don't work for an ISP.

sounds like a dumbass idea to admit guilt when lawyers are fishing for victims to extort.

 

[jpeyton]

Best advice is to ignore it, see if it goes to court.

If it goes to court, represent yourself, and use this legal ruling as your defense (along with your open WiFi connection): http://www.scribd.com/doc/92100289/K-Beech-Order-amp-Report-amp-Recommendation-Ordered-5-1-12

And install PeerBlock; run it whenever you torrent. I pull hundreds of GBs every month on my torrent client and I never hear a peep from any lawyers or ISPs.

 

[MrColin]

Best advice is to ignore it, see if it goes to court.

If it goes to court, represent yourself, and use this legal ruling as your defense (along with your open WiFi connection): http://www.scribd.com/doc/92100289/K-Beech-Order-amp-Report-amp-Recommendation-Ordered-5-1-12

And install PeerBlock; run it whenever you torrent. I pull hundreds of GBs every month on my torrent client and I never hear a peep from any lawyers or ISPs.

This, and keep us updated.

 

[imagoon]

I'd like to see him prove his wifi was open at the time of the alleged infringement. Better start scrubbing that hard drive.

-KeithP

He doesn't need to. Onus of proof is on the accuser.

 

[Hugo Drax]

He doesn't need to. Onus of proof is on the accuser.

It does not matter, it will cost him a minimum of at least 5 Grand just to hire an attorney and go to court to fight this.

 

[Fritzo]

They just take your word for it? You can just say you deleted the file(s) and they'll call off the dogs just like that? I'm skeptical, but then again I don't work for an ISP.

Yep. Unless you're accused downloading 1000's or movies or something. If it was just one, just basically say "I'm sorry" and they're gone.

 

[spittledip]

Again, if this is really how it works then can someone explain how every McDs, Starbucks and nearly every other shop has free open wifi ?? You'd think they'd HAVE to charge a few $$ just to cover these bs settlements.

Don't they block most ports except like 80 and maybe 443? Or are these places wide-wide open? I know hotels and such often block VPN traffic and port 25 etc, I figure Starbucks and the like follow similar practices.

 

[imagoon]

It does not matter, it will cost him a minimum of at least 5 Grand just to hire an attorney and go to court to fight this.

It cost money to defend, but he does not need to defend himself against things that are not asked. That is the point. Likely this is one of those spam like litigation any way that can be handled in person for a small court filling fee. It is not automatically $5k to request a dismissal. You are allowed to represent yourself, esp for the simple steps in the beginning.

 

[Number1]

An IP Address Does Not Identify a Person, Rules Judge

 

[Red Squirrel]

An IP Address Does Not Identify a Person, Rules Judge

Tell the RIAA/MPAA that. They do whatever they want. They'll even prosecute 80 year olds who don't even own a computer to "show an example".

That's what I find sad about piracy laws, the victims end up having a bigger punishment than a murderer where they can have all the evidence you can imagine and it's still not enough.

 

[Mark R]

Well for all those wondering why my wifi was open it's because I have a fon wireless router and so I HAVE to share to use the wireless part. And customers do have to pay, and I'm sure also click on terms & conditions that they agree not to do bad stuff. I do have logs showing numerous day passes sold during the period they are looking at:

When I had a FON router, the FON Wifi traffic would be routed through a different external IP, providing clear segregation of traffic on the ISP side. However, the FON router was provided by the ISP. In the T&C with the router, the ISP was crystal clear that they can tell the difference between my private traffic and the FON traffic (at their end), and that they would not involve me in any complaints regarding misuse of the router via the FON port.

It's possible that if this is a basic add-on router then the traffic may not be discriminable by the ISP. IN which case, you'll have to forward the complaint on to FON, and have them deal with it.