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| reply to Chubbysumo
Re: im going ot go out and..... said by Chubbysumo:No, only being stupid about how you go about acquiring content gets you caught. Agreed absolutely. If you are stupid enough to use public torrent trackers to grab newly released Hollywood big hit movies or albums that just came out, you are asking to get caught. I would say newsgroups for popular mainstream stuff (this is what the industry is making big bucks on and is available through legitimate channels, so they want to catch as many offenders as possible), BT for rare, OOP or foreign stuff (the industry doesn't care for these, if they did, they would release them legally).
said by Chubbysumo:First things first: Get into private trackers. TPB is nice, but it's a known target for peer pool monitors that the AA's hire to look for infringing content, and then gather IP's from those. Those 4 companies are very well known, and since they have their own IP ranges, and they legally cannot use other IP's in court proceedings, its very easy to ID and block connections (as in not even send ack's and file info, and outright block of all data to those certain IP's) because they are all registered. I thought that these companies got smarter than to use fixed ranges of IP's. As you have said, anyone savvy enough who knows where they are coming from can easily block them. I thought that at one point they got peskier than that and pretty much started having their people work from home on residential DSL/Cable/FiOS connections or VPN'ing into other spots. That way, they are far more difficult to track as they are coming from random IP's.
said by Chubbysumo:I have been finding stuff on the web for years, and only got 1 notice, and have never heard another peep from them. If they are going to take you to court, they will not warn you. A letter is also not proof of a ToS or AUP violation (a judgment in court against you is), so, you cannot be disconnected based on those letters. The letters are just scare tactics, that's all. The letter that you got was probably from your own ISP. I think that whenever a copyright holder makes a DMCA inquiry to reveal the name behind an IP, an ISP has a legal obligation to notify the holder of that IP that their information has been released and whom it was released to. Whether they actually sue you is up to the copyright holder. In most of the cases, if they do decide to go after you, they will send you a threatening letter offering you a settlement. They actually hope that you go the settlement route as if that ends up in court and you win, it could set a precedent against them.
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| said by Pirate515:I thought that these companies got smarter than to use fixed ranges of IP's. As you have said, anyone savvy enough who knows where they are coming from can easily block them. I thought that at one point they got peskier than that and pretty much started having their people work from home on residential DSL/Cable/FiOS connections or VPN'ing into other spots. That way, they are far more difficult to track as they are coming from random IP's. The employees can work from home, but the "evidence" they gather from home has never stood up in court(civil courts), or criminal courts, which is why they basically work from the office only now. How are they to prove that they were not the ones uploading it if they connect from a random IP? they have a lot of accountability to keep up with, so they dont connect from random IPs, simply because, I could imply that since its not their IP(the company's), they have no verifiable proof, as someone could have made that on their home computer, which would indicate they are also in the wrong. Accountability is at the core of why they stick to inthe office.
said by Pirate515:The letter that you got was probably from your own ISP. it was a forwarded DMCA C&D notice, not a notice of subpoena. The funny part, is that after I responded with a lawyers help(proving that I did not, nor would I have downloaded the file), and threatening both my ISP and them with a harassment lawsuit(I basically said either take it to court or drop it, but dont harass me and waste my time, and I also indicated that my time is valuable and I will be charging $193 per hour for each hour of my time they wasted, on top of my lawyers fees). I have not hear back, except an apology from my ISP(but nothing from the media company).
They will not take you to court unless they know they can win, and a connection to a bit torrent swarm is not enough to get anything anymore, since it was proven that a printer could be sent a DMCA notice, they would need to connect and download some of the files that I have, which they cannot do, since all connections to their known IPs are set to "ignore"(meaning there is no response, so, im in the pool, but they cannot get anything from me). | |
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