Letter From ISP Anyone ?

Here for anyone intrested or concerned is the content of one of my posts in the Admin section.
It is in response to a user who has had a letter from his ISP, regarding downloading via Bittorrent.

Quote:

Seems to me to be the same old bullshit.
Presumably they have got his IP from it's visibility within a swarm on that torrent, I don't think the movie title is significant, it could happen anytime.
The guy has the right idea by using Azureus with the Peer Guardian plugin, the chances of the **AA's etc connecting to the same swarm are greatly reduced.
The reason I call this bullshit is as I have said in the past.
The only thing they can proove is that he was active within that swarm, it also means that they were, so did the person who logged his IP own any part of the copyright or were they just doing the same as our friend.
Now they don't know if he completed or if they watched his IP until he did they don't know what he did with the files, like he could say, "yes I did download that via bittorrent as an experiment, checked out how it worked and deleted the files immediately."
Remember proof is the responsibility of the accuser.
Also, here we go again, little tiny fragments of data from numerous sources constitute nothing illegal, this is one of the grey areas of downloading via torrents.
Remember NO ONE has yet gone to court they always settle first, this is what the MPAA want, they are guilty of extortion in my book, as they are well aware that their claims are unfounded, they accuse people of illegal activity when no ruling regarding this issue exists.
Little bit of fact;

Quote:

These are some intriguing decisions, more so because of the differences between the technology under trial, and the technology in majority usage now, BitTorrent. An indexing system based peer-to-peer system which differs from Napster in many ways.

* It is non-centralised, so one tracker has no relation to any other tracker
* Complete files are not transferred from user to user
* The tracker doesn't use easily identifiable labels in its indexing system.

I'll address these and their differences one by one right now, starting with

* The court ruled that Napster, having control of the network, and created the technology, are possibly liable for secondary copyright infringement (hence why the suit has not been dropped, a ruling made by the same judge earlier in the case, July 14 th 2004). Bram Cohen developed the technology. He does not run it. He is merely one of a number of developers now furthering this technology, but he in no way runs 'the network'. He had no influence, power, or control over the tracker used by BT-EFnet, for instance (see this article for information there)
* Torrents swap pieces of data, packets ranging in size from 256kb to 4Mb (although the piece size can vary from 128kbit to 16Mb). It is entirely possible, and likely to never upload a 'full, complete copy' unlike Napster. As the judgement says "Certainly, there is authority outside the Ninth Circuit that supports defendants' view that distribution of a copyrighted work requires the transfer of an identifiable copy of that work." BitTorrent does not do this. Instead its lots of people transferring unidentifiable bits of data, which may be converted at some point, into an identifiable copy.
* This ties into both b and c. If I were to give you the following hash, how many of you could tell what it is? It's 4b09179d4dc348425b7a9f6416a52b7c143f0b45. That's the SHA1 'hash' of a torrent; it's what a tracker goes by. It's based on the data contained in the torrent file. To compare, I switched the two trackers listed in the torrent around, and it changed to 038c88d4f728196d17ba88db0f255962ce418000. Let me put them together for easy comparison

4b09179d4dc348425b7a9f6416a52b7c143f0b45
038c88d4f728196d17ba88db0f255962ce418000

Sorry, but I don't seem to see it. It is non-identifiable at the tracker-side, as to what the torrent is. Makes any claim for contributory copyright infringement difficult, especially if it is a tracker that allows public uploading.

Regardless, under the terms of the summery judgement, neither trackers are infringing (being merely listings/indexes) or Torrent files, being as they are, invitations to download. Where does this leave things with the DMCA?

As we've said at the start, ISPs and server owners must remove, on notification, works which infringe copyright laws. This has, in the past, been extended (by the cartels) to mean torrent files, and indexes (I.e. trackers) as well. With this new ruling, however, that is no longer valid. In short, DMCA notices against trackers, and torrent listings are invalid now, and since they are made 'penalty of perjury' there are now potential criminal actions able to be used against those DMCA-noticing such things. Lawyers are not stupid (they're greedy, but not stupid) and this judgement isn't from a magistrate in some backwoods town in Iowa. It is one of the most closely followed trials going on in the US today, and so any notices coming from large corporations, or law firms, are quite clearly guilty of perjury. Indeed, anyone getting a notice for a torrent file, or tracker, I urge you to submit a rebuttal, citing the judgement above, and stating clearly that copyright infringement is only applicable, where the copyrighted data itself is downloadable from the server in question. Use the law to its extent. Don't be bullied or lied to; stick up for your rights, and for what is right.

The above is only a small extract please visit the source for much more very useful info.
Source; http://piracyisnotacrime.com/btvsdmca.php

Now lets all start telling the**aa's to Eff Off

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Nice find, and hope it puts a few minds at rest. Wink

As a matter of interest,can you name the ISP in question?

That response made by me, was to a PM sent to another Moderator, the moderator had asked for advice to reply to the person who received the letter.
It is pretty irrelevant which ISP it was as the same applies to all, when they send out such letters then they are either unaware of the actual law as it stands, or they just want an excuse to save bandwidth, a favourite one for this ill practice in the UK is Talk Talk & their subsidiaries.
They are conning their customers it's as simple as that.
Why?
Greed!

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BitTorrent re ISP & MPAA Letters
What to do if you get one.
OK alter the wording to suit either the MPAA or your ISP.
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Fact to offer something, copyrighted or not, for download is itself not illegal, it MUST be proven that at least one download took place.
Innocent until proved guilty is still the law in most countries.
Fact a torrent tracker is a tool nothing more, it is in no way illegal to run or host one.
Fact distribution via torrents of any work is NOT illegal.
Why?
Simply because no one single person gives a whole identifiable work to any other one individual, tiny pieces of data are distributed and shared by the swarm as a whole.
These tiny bits of data are too small to be identified as anything copyrighted.
This is the grey area of torrent legality; it is not covered by any existing rulings.
The MPAA will try to twist something to fit, no doubt, but as yet this has not happened.
All that has happened thus far is they have bullied people into submission with $$$$$$$$$$.
Its way passed time that someone called their bluff, hopefully this is what is now taking place.
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My opinion, given the above facts and presuming the MPAAâ€™s overrated, overpaid Lawyers, also know the above, then when they offer to settle out of court they are, in my opinion, guilty of attempting to gain money by deception, how about we call it a form of extortion and counter sue on that basis, if such an offer is made.
As many have already said, the MPAA & RIAA would do better to embrace new technology rather than persist with their futile crusade against private individuals.
If they want to fight piracy then they should look to the factories that produce shrink wrapped replicas, not Joe Bloggs getting a movie to watch before he commits to spending money taking his family to the cinema.
Nor the guy downloading and using software that he could never have afforded, this costs the originators nothing, about time the powers that be ceased and desisted from these punitive petty cases.
AMEN.

_________________
Excellent Guide to K10 Clocking Features,http://www.ocia.net/articles/k10overclock/page2.shtml

Gigabyte GA-MA790FXT-UD5P
AMD Phenom x4 955BE @ 3.8GHZ
Switech H2O 220 Compact
RAM OCZ DDR3 PC3-14400 Reaper HPC Edition 2x2GB @1800 8.8.8.15.1T
PSU Tagan BZ900
Sapphire Radeon 4870 - 512DDR5
Western Digital Raptor x2 Raid 1- Boot Drive (140.00 GB)
Samsung F1 1 Terrabyte x2
Seagate (750.99 GB)
Pioneer DVR216D x3
Cooler Master HAF 932 case

Last edited by illogical on Mon Jun 05, 2006 9:57 am; edited 2 times in total

I would also like to know the ISP if possible... I use comcast-Has anyone had problems with them (doubtful... since a lot of you are in the UK)

	Quote:
	I would also like to know the ISP if possible

Not relevant, many are doing it, it's now a global thing not just UK.
Ask your ISP if they are using any form of filtering software and or throttling any type of download, insist on the truth, demand it in writing even.

_________________
Excellent Guide to K10 Clocking Features,http://www.ocia.net/articles/k10overclock/page2.shtml

Gigabyte GA-MA790FXT-UD5P
AMD Phenom x4 955BE @ 3.8GHZ
Switech H2O 220 Compact
RAM OCZ DDR3 PC3-14400 Reaper HPC Edition 2x2GB @1800 8.8.8.15.1T
PSU Tagan BZ900
Sapphire Radeon 4870 - 512DDR5
Western Digital Raptor x2 Raid 1- Boot Drive (140.00 GB)
Samsung F1 1 Terrabyte x2
Seagate (750.99 GB)
Pioneer DVR216D x3
Cooler Master HAF 932 case

Hmmm, I have Peer Guardian 2 running always in the background, will this help?

No.
Using uTorrent with encryption enabled will, Azureus also has this feature in recent versions.

_________________
Excellent Guide to K10 Clocking Features,http://www.ocia.net/articles/k10overclock/page2.shtml

Gigabyte GA-MA790FXT-UD5P
AMD Phenom x4 955BE @ 3.8GHZ
Switech H2O 220 Compact
RAM OCZ DDR3 PC3-14400 Reaper HPC Edition 2x2GB @1800 8.8.8.15.1T
PSU Tagan BZ900
Sapphire Radeon 4870 - 512DDR5
Western Digital Raptor x2 Raid 1- Boot Drive (140.00 GB)
Samsung F1 1 Terrabyte x2
Seagate (750.99 GB)
Pioneer DVR216D x3
Cooler Master HAF 932 case

does bitcomet have this feature? or is there any plugin that will help?

EDIT: Found it, under preferences--->advanced--->connection ; last option

I got a letter from my ISP, telling me I downloaded/seeded 100 GB in like 14 days...

They cut me down to 30 kb/sec for a month...

my sad story...

I too recieve a letter from my ISP, and in it, it sayd "On Behalf of MGM (that growling lion company Wink

),
but I disregarded it, and went on my way Laughing

I think I still have a copy of it...

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Well guys I just got a huge envelope from my ISP stating that I have been file sharing. The infringement notice is from BayTSP which represents Paramount Pictures. They are referring to Four Brothers and here is some of the info.

Notice id. 12821757
Recent infringement timestamp: XX â€“ July
Infringed Work: Four Brothers
Infringed File name: Four Brothers/vts_06_1.VOB
Infringing Filesize: 1073739776
Protocol: Bit Torrent
Infringing URL : http//inferno.xxx.com:3390/announce
Infringers IP address: xx.xxx.xxx.xx
Infringers DNS name
Infringers user name: -AZ2402-716N________
Initial infringement time stamp: XX- July

Should I be worried about this and how could I avoid something like this from occurring in the future. It was from the posted site and had and internal tracker. Some insight would be useful thanks guysâ€¦.

Read the preceding posts and follow the links for more info, educate your ISP re- the facts of current legislation, not the legislation theMPAA wish for, or try to twist.

_________________
Excellent Guide to K10 Clocking Features,http://www.ocia.net/articles/k10overclock/page2.shtml

Gigabyte GA-MA790FXT-UD5P
AMD Phenom x4 955BE @ 3.8GHZ
Switech H2O 220 Compact
RAM OCZ DDR3 PC3-14400 Reaper HPC Edition 2x2GB @1800 8.8.8.15.1T
PSU Tagan BZ900
Sapphire Radeon 4870 - 512DDR5
Western Digital Raptor x2 Raid 1- Boot Drive (140.00 GB)
Samsung F1 1 Terrabyte x2
Seagate (750.99 GB)
Pioneer DVR216D x3
Cooler Master HAF 932 case

Here is a quote from my ISP provider. I was just checking if I had a bandwidth limit for downloads.

Isn't my bandwidth usage private? ISP Provider tracks the quantity of your usage, not the content. Bandwidth monitoring is used strictly to protect the quality of network service.

I can only assume I should never get a letter.

I do know of someone who did recevie an email from the a year ago that he downloaded a movie. He would not know the first thing about downloadin movies but he did have an unsecure wireless connection at the time.

I am with Newnet ISP and last week received an e-mail from them telling me the cyber police had caught me downoading a £20 kids game.

It was said to have come from the Entertainment Software Association in Washington and asked them to provide them with my details, my ISP said they wont do that without a court order, but I had to say that I had deleted it and was very sorry, otherwise my ISP would terminate my connection.

The e-mail gave information as to when and how (bittorrent ) I had downloaded the game in breach of copywrite

My ISP actually control my router, I have no access to the settings, the question I want to ask is "are there any programs I can run so that I am untracable when downloading, I use azureus for downloading or anything I can do to prevent this from happening again, apart from the obvious and not download.

I have read the previous posts.