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  ninersfan
join:2001-02-09 Hayward, CA
| reply to vknight775 Re: No F-ing way!
I have received an email from the Abuse Department of DIRECTV Broadband, Inc. about a file I had downloaded off KaZaA. As I recall, the file I downloaded didn't even "play" and was only retained in "my shared folder" on KaZaA until I deleted it the next day, but now I have this email:
Mr. _____,
On the 1 of July we received a formal complaint of unauthorized distribution of copyrighted materials originating from an IP address of 64.XXX.XXX.XX. Our records show that this IP address belongs to your DSL connection. We are obligated to contact you and warn you that the type of alleged activity is strictly against the terms of service that you agreed to when signing up for service.
Under our Corporate Terms and Conditions of Use, Responsibility of Actions: "Indirect or attempted violations of these policies by the Customer or the Customer's User, or actual or attempted violations initiated or undertaken by a third party on behalf of a DIRECTV Broadband Inc. customer or that Customer's User, shall be treated by DIRECTV Broadband Inc. as if they were direct violations of this policy document undertaken by the Customer."
You have ten business days to respond to this warning. Should you fail to respond, DIRECTV Broadband, Inc. may Suspend or Terminate service.
The complaining party, Twentieth Century Fox Film Corporation, specifically requests that you immediately cease and desist in the distribution of copyrighted motion pictures. In addition, please inform the Abuse Department of DIRECTV Broadband, Inc. in writing, that the alleged activity has ceased.
Please, respond to us with the following letter:
"I have removed the offending material. I would like to assure you that I am aware that as a DIRECTV Broadband Inc. user I Am fully accountable for my actions and I will be held responsible and liable for any activities originating from my machine. I am aware that as a> DIRECTV Broadband Inc. DSL user I am bound by the referenced AUP and, yes, I will prevent any further copyrighted material from being served from my machine."
Sample Logs: ------------------------------ First Found: 1 Jul 2002 03:33:0 EDT (GMT -0400) Last Found: 1 Jul 2002 03:33:0 EDT (GMT -0400) Network: KaZaA IP Address: 64.XXX.XXX.XX IP Port: 0 Protocol: FastTrack Username: XXXXX@KaZaA
What was located as infringing content: ------------------------------ Filename: [tmd]minority.report.(asz).subbed.ts(2of2).avi (199,170kb)
Abuse Department DIRECTV Broadband, Inc. abuse@directvdsl.com
____________________________________________________
Any suggestions how or if I should respond to this would be greatly appreciated... | |  bodysurf
join:2002-01-23 Placentia, CA
| said by dpierc03: I have received an email from the Abuse Department of DIRECTV Broadband, Inc. about a file I had downloaded off KaZaA. As I recall, the file I downloaded didn't even "play" and was only retained in "my shared folder" on KaZaA until I deleted it the next day, but now I have this email:
They have to prove that file contained illegal content, and the only way to prove that is to download it and view it. If it didn't play correctly and no one downloaded it from you, then you are safe.
You can have files called "Road_to_Perdition.DivX.AVI" or "Photoshop.RAR" that could contain AVIs of you reviewing that movie/software that you took with your camcorder.
That being said, if you do dabble in "quasi-legal" digital stuff, you may want to stick to various Usenet groups where you will be a lot safer. | |
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