Cease and Desist

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A

Alone

Diamond Member
Nov 19, 2006
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A friend of a friend got a cease and decist letter from her ISP telling her that they've discovered and illegally downloaded movie on her computer. The e-mail asks her to remove the file and reply saying she did so. What I'm wondering is...

1. If she replies, she's admitting to doing this, which is bad, yes?
2. If she ignores the e-mail, but still deletes the file, do they have any legal recourse?
 
irishScott

irishScott

Lifer
Oct 10, 2006
21,562
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What's her ISP?

Sounds like SPAM to me.

Could also be an RCIAA probe to get her to admit to illegally downloading something.

If it's legit, it means the RCIAA has already got her and informed her ISP. Although you'd most likely get a call from a lawyer before that e-mail.
 
A

Alone

Diamond Member
Nov 19, 2006
7,490
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Originally posted by: irishScott
What's her ISP?
Click to expand...

Rogers Cable.

EDIT: I thought the same. When I got my cease and desist, it came from the company not the ISP. Don't they need certain proof or something to be able to get that info from the ISP?
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
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I'd say Option 2 would be the right way to go.
 
A

Atlantean

Diamond Member
May 2, 2001
5,296
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What are the laws about illegally downloading music/movies/other media in your country?
 
D

darkswordsman17

Lifer
Mar 11, 2004
23,444
5,852
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If its e-mail, I personally have the mindset that unless I contacted the company first or have some other established setup (online billing for instance) then I will ignore it. Way too many phishing scams out there and you can never be certain (if a business/lawyer/judge can't understand this then he/she needs to move into the 21st century). Anything serious should be sent via physical mail. My ISP does not require me to use their provided e-mail account (which would be the one that they would send it to I would think) so I don't see how they could hold them responsible.

I could be very wrong though and I wouldn't be surprised if our judiciary system wouldn't see it my way.
 
A

Alone

Diamond Member
Nov 19, 2006
7,490
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I told her to just ignore it because they would have a hard time proving she even read the e-mail. While ignorance isn't the best defense, it'll hold her over until they decided to take further action. I asked her to forward me the e-mail, but she hasn't responded. She says the e-mail came from abuse@rogers.ca, but I wanted to see the headers to make sure it wasn't faked.

Either way, I told her to just stop downloading crap and wait a couple days. If she doesn't get a call from Rogers, then ignore it.
 
R

rubix

Golden Member
Oct 16, 1999
1,302
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she should tell them that she renamed a 600mb txt file of gibberish to the movie's name in order to test their ability to track illegally shared files. inform them that they passed with with flying colors and that she will now need their address so that she can mail them their trophy.
 
A

Aimster

Lifer
Jan 5, 2003
16,129
2
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I got a letter from my cable company to stop downloading illegal stuff (they caught me getting windows). They said if they see me doing it again they are going to cut me off
 
dfuze

dfuze

Lifer
Feb 15, 2006
11,953
0
71
Originally posted by: Aimster
I got a letter from my cable company to stop downloading illegal stuff (they caught me getting windows). They said if they see me doing it again they are going to cut me off
Click to expand...


I've gotten one as well (from Cox). Essentially all you do is respond that the file is deleted (which I did). If you continue to do it, not only will they cut you off, but they will give up your name to them. To me it wasn't worth it. I never really listen to music anyway! :p Her best advice is not to ignore the letter.
 
edro

edro

Lifer
Apr 5, 2002
24,326
68
91
Tell her to delete it and email them back.

I have heard of this practice before.

Then tell her to stop downloading movies via P2P or Torrent.
 
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