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I got banned from my ISP for breaking DMCA (Digital Millennium Copyright Act)

msi1337

msi1337

Diamond Member
I came home on Wednesday night from work and went to check my email..upon opening my web browser I was greated with a nice Abuse page from my ISP. I called them asking what was going on, and they said that I had downloaded a Metroid Prime 2 file of some sort and that "Entertainment Software Assoc" was alleging that I infringed on copyright law. Well, since I personally do not download anything off the net.. I use it for email, messenging, and online gaming..I did not know what they were talking about.

So, then I went and looked at my wifi router.. I had recently upgraded the firmware on the router with the DD-WRT control panel. When I did it I completely forgot to re-enable the mac filter I had set up. So, it was absolutely open...

Well, after calling my ISP they unbanned my internet stating that it was my first offense and they understood my router issue.

Today I get paperwork in the mail that states I have to return it within 10 business days and initial beside one of 2 options..

Option A: "Under penalty of perjury, I state the infringing material has been removed from my computer" Then below it says "Please print infinging filename below"

Option B: "Under penalty of perjury, I state that my service was disconnected by mistake or misidentification. The infringing material was not found on my computer."

However, if you choose option B, it says below it... "I consent to local or federal jurisdiction should the Complainant wish to pursue any legal action"

Then..under that:
"***If you do NOT consent to local or federal jurisdiction, please state this below (i.e. 'I do not consent')

So, what should I do? I didn't download the file, but it was my fault for leaving my router wide open.. (I guess thats a fault..lots of people do it)

UPDATE: My worry was unwarranted, they understood my situation and nothing will come of this. I am switching to 5mb roadrunner though, because I realized how slow my 1.5mb dsl is...thanks for all the help!

 
I don't think it will ever fly in court, because most people are incapable of turning a rounter on and off, let alone setup proper security. If all else fail, blame it on ignorant.
 
Aren't you already under local and federal jurisdiction whether you like it or not? If you're that worried, either call a lawyer or call your isp back and ask them to explain the options to you, focusing specifically on which ones will cause them to cut off your service again.
 
if the paper is from the ISP, switch ISPs

if the paper is from the government, choose b and "i do not consent"

if the paper is from MPAA or some org like that, burn the paper and mail the ashes back to them.
 
Well if your story is the way you told it than go with Option B. Sounds like you have nothing to hide and it was an honest mistake. And if they wish to persue it and take legal action let them. I doubt anything will come of it.
 
It's your fault as a nerd that you left your router wide open, but not as a consumer. Does it state in your isp agreement that you have to encrypt your signal?
 
I call shens.

You are educated enough about mac filtering and flashing your router, but you didn't setup any encryption at all when it takes 30 seconds to do so?
 
Originally posted by: SonnyDaze
Well if your story is the way you told it than go with Option B. Sounds like you have nothing to hide and it was an honest mistake. And if they wish to persue it and take legal action let them. I doubt anything will come of it.
Click to expand...

Agreed, you are open to investigation anyway for copyright fraud, why would agreeing to it make any difference?

If in doubt, call a lawyer.
 
Originally posted by: spidey07
I call shens.

You are educated enough about mac filtering and flashing your router, but you didn't setup any encryption at all when it takes 30 seconds to do so?
Click to expand...


it wasnt my nerdyness ...it was my tiredness.. I was doing it at about 2am and I was having a hell of a time getting it to work.. I meant to enable it in the morning, but I completely forgot..

are there any lawyers on AT?


 
Originally posted by: spidey07
I call shens.

You are educated enough about mac filtering and flashing your router, but you didn't setup any encryption at all when it takes 30 seconds to do so?
Click to expand...

So, you never forget to do anything?

😕
 
Originally posted by: Cattlegod
if the paper is from the ISP, switch ISPs

if the paper is from the government, choose b and "i do not consent"

if the paper is from MPAA or some org like that, burn the paper and mail the ashes back to them.
Click to expand...

:thumbsup:
 
On a related note, is peer guardian enough to ensure that you won't get in trouble for downloading older episodes of TV shows you missed due to cable company messups (e.g. no sound on channel, cable outage, etc.)? I got a similar notice from charter about an episode of house I downloaded as a result of my cable being out for 2 weeks... been trying to figure out exactly how dangerous my occasional tv episodes are.
 
MAC filtering :laugh:

Oh, and this is the important line that should make it a no-contest to choose Option B

"The infringing material was not found on my computer."

Who gives a rat's ass if someone else pirated it over your (lame excuse for secured) wireless? It's not on your computer - that's what they're asking.

Option B, Do Not Consent, switch ISPs, cancel any pending or back payments, and if you have the resources, lawyer up.

- M4H
 
Originally posted by: spidey07
I call shens.

You are educated enough about mac filtering and flashing your router, but you didn't setup any encryption at all when it takes 30 seconds to do so?
Click to expand...

He could have forgotten. Happens all the time to me, with my empty mindedness. I do similar things, but I've never had a Wifi, so I don't care!
 
Were the papers delivered by hand? Did you have to sign a receipt that your received them?

If not, what happens if you never received the papers?
 
Originally posted by: msi1337
Originally posted by: spidey07
I call shens.

You are educated enough about mac filtering and flashing your router, but you didn't setup any encryption at all when it takes 30 seconds to do so?
Click to expand...


it wasnt my nerdyness ...it was my tiredness.. I was doing it at about 2am and I was having a hell of a time getting it to work.. I meant to enable it in the morning, but I completely forgot..

are there any lawyers on AT?
Click to expand...

This is most people's excuse that they didn't DL it. "Oh I left my wireless open... someone else did it." I'm not accusing you of lying, but you and I probably both know what the truth is.
 
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