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"Notice of Claim of Copyright Infringement"

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Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
 
Originally posted by: child of wonder
Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
Click to expand...

Wasn't the case for me. The download was @ 30%!
 
I think this might be mainly EA that tracks this kind of thing, as far as games go. One of my friends downloaded a copy of BF2 about a year ago and got a similar letter from his ISP (Adelphia) saying that they had received a complaint. Fortunately, that was all he ever heard about it.
 
Originally posted by: child of wonder
Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
Click to expand...
Nope. It's in my post above. Sorry I guess it is a little long, but my roommate got the same type of notice on behalf of the ESA for getting a game with BT that was only partially complete. So he risked getting it, got the warning, then the damn thing couldn't even be used. He wasn't about to start it up to finish the rest after such a warning.
 
Originally posted by: child of wonder
Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
Click to expand...

Care to back that up?
 
How's the defense of someone off your wireless did it and not you or your PCs? How's that coming along among lawsuits?
 
Originally posted by: Brainonska511
Originally posted by: mh47g
Peerguardian FTW
Click to expand...

Won't help you with bittorrent. Companies just look at the tracker and copy down all the IP addresses connected to that tracker.
Click to expand...

Doesn't work that way.

People get in trouble for distributing files, not downloading.
 
Originally posted by: Cabages
Wow, they actually do that?

Shit, better stop downloadin the pron.

Anyone know how they catch you? Is it certain sites or something?
Click to expand...

they catch "you" because uniqely-identifiable computers are transfering know-to-be stolen content between each other.
 
Originally posted by: gersson
Originally posted by: child of wonder
Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
Click to expand...

Wasn't the case for me. The download was @ 30%!
Click to expand...

That honestly surprises the hell out of me.

If the copyright holder wanted to sue the infringer, how in the world could that hold up in court?

"Your honor, the defendant was uploading a collection of meaningless bits that could be used to share our copyrighted work if we had downloaded 500 other collections of meaningless bits. Then we could have used those 500 collections to assemble into our copyrighted work!"
 
Originally posted by: child of wonder
Originally posted by: gersson
Originally posted by: child of wonder
Originally posted by: BigJ
Originally posted by: child of wonder
It's when the game/movie/song is finished downloading and begins seeding (uploading) when you get in trouble.
Click to expand...

Uhhh no.

The second you load the torrent file, if requested you will upload parts of whatever has downloaded so far to other users. It does not begin after you're finished downloading.
Click to expand...

Until you've actually downloaded the file in it's entirety you can't legally be held accountable for uploading anything. All you've uploaded is a piece of data that can't be used to do anything.

Once you have the entire file and share it, then you can get in trouble.
Click to expand...

Wasn't the case for me. The download was @ 30%!
Click to expand...

That honestly surprises the hell out of me.

If the copyright holder wanted to sue the infringer, how in the world could that hold up in court?

"Your honor, the defendant was uploading a collection of meaningless bits that could be used to share our copyrighted work if we had downloaded 500 other collections of meaningless bits. Then we could have used those 500 collections to assemble into our copyrighted work!"
Click to expand...

What you're saying doesn't make any sense. In BT a single user doesn't upload the entire file anway. So what exactly is the difference if they have the entire contents or not?

You're still uploading part of something you don't own the copyright to either way.
 
Originally posted by: rh71
How's the defense of someone off your wireless did it and not you or your PCs? How's that coming along among lawsuits?
Click to expand...

I would imagine not well as they would claim its still your fault for having an unsecured network.
 
Originally posted by: BigJ
Originally posted by: Brainonska511
Originally posted by: mh47g
Peerguardian FTW
Click to expand...

Won't help you with bittorrent. Companies just look at the tracker and copy down all the IP addresses connected to that tracker.
Click to expand...

Doesn't work that way.

People get in trouble for distributing files, not downloading.
Click to expand...

There was a story on slashdot a while back where a person made a bittorrent client that didn't upload or download and they got DMCA letters.
 
Originally posted by: smack Down
Originally posted by: BigJ
Originally posted by: Brainonska511
Originally posted by: mh47g
Peerguardian FTW
Click to expand...

Won't help you with bittorrent. Companies just look at the tracker and copy down all the IP addresses connected to that tracker.
Click to expand...

Doesn't work that way.

People get in trouble for distributing files, not downloading.
Click to expand...

There was a story on slashdot a while back where a person made a bittorrent client that didn't upload or download and they got DMCA letters.
Click to expand...

Feel free to post a link to the story.

Ultimately you wouldn't get in trouble (legally) because they wouldn't have enough evidence in a civil court to prove copyright infringement.

EDIT: Found it

http://bmaurer.blogspot.com/20...ices-guilty-until.html

While they may fvck with your internet connection by contacting your ISP, court is going to be a different story.
 
This happened to "a friend" of mine twice with battlestar galactica. Nothing ever came of it. I heard they send these out all the time. Plus don't forget... you have unencrypted wireless so you have no idea who downloaded that nor do you know how to encrypt it. Its those darn neighbors you have that probably did it.
 
Yeah I think it's more of a scare tactic than anything else, I wouldn't worry too much about it. Just try to stay off their radar from now on. 😉
 
Originally posted by: AnthroAndStargate
This happened to "a friend" of mine twice with battlestar galactica. Nothing ever came of it. I heard they send these out all the time. Plus don't forget... you have unencrypted wireless so you have no idea who downloaded that nor do you know how to encrypt it. Its those darn neighbors you have that probably did it.
Click to expand...
That defense will never fly with some of us as the DA will just have to ask a simple question "Mr. Sssnail, can you please tell the juries your qualifications?"
 
Originally posted by: BigJ
Originally posted by: se7en
Originally posted by: rh71
How's the defense of someone off your wireless did it and not you or your PCs? How's that coming along among lawsuits?
Click to expand...

I would imagine not well as they would claim its still your fault for having an unsecured network.
Click to expand...

http://www.wireless-weblog.com...able_wifi_security.php
Click to expand...

So the defense worked. Isn't that kind of like you leaving your car unlocked and then someone used it to rob a bank? They can't possibly blame you for the robbery and they (the police) can't make you lock your doors.
 
I swear that every month, they choose a 100 people from a list of 99% of their subscribers who have pirated something and scare them with an email. Once in a while, they'll sue.

However, this does remind me of a story where my friend and I sent a fake RIAA letter so some guy who thought he was the coolest thing ever for downloading songs off limewire.

Long Story Short, it ended with tears, yelling, accusations, and death threats.
 
The most likely thing that will come from it is they might suspend your internet service.
Had a friend that got an email like that, next day his cable modem light was just blinking.
He had to call in and promise that he deleted whatever it was he downloaded and that he wouldn't do it again and they immediately turned the service back on.
 
Originally posted by: se7en
Originally posted by: rh71
How's the defense of someone off your wireless did it and not you or your PCs? How's that coming along among lawsuits?
Click to expand...

I would imagine not well as they would claim its still your fault for having an unsecured network.
Click to expand...

i know a lot of people who have defended such suits and open network is a strong defense. There is no "fault" for keeping the network unsecured as there is not legal duty to.
 
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