Careful What You Download

[samcan]

Thought this was interesting?
Rogers Cable (Rogers) has received a notice stating that activities associated with your IP address are infringing copyright in material(s) owned or exclusively licensed by others.

The full notice is appended to this e-mail below.

Under section 4(d) of the Rogers Yahoo! Hi-Speed Internet End User Agreement (EUA) and Acceptable Use Policy (AUP), you are prohibited from using the Rogers Yahoo! Hi-Speed Internet service to engage in illegal activities, including activities that infringe copyright. Copies of our EUA and AUP are available at:

http://na.edit.client.yahoo.com/rogers/show_static?.form=terms&.intl=ca

Where there has been a violation of our EUA and/or AUP, including the unauthorized distribution of copyright-protected material, Rogers has the right to take appropriate action against you.

If you have any questions about the attached copyright notice, please contact the sender of the notice using the contact information provided in the notice. Please do not reply to this e-mail.

We trust you will comply with our policies and all applicable laws in using the Rogers Yahoo! Hi-Speed Internet service.

Rogers EUA Management Team
Sincerely,

EUA Management Team
Rogers Yahoo Hi-Speed Internet

http://na.edit.client.yahoo.com/rogers/show_static?.form=terms
00661783



-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Re: Unauthorized Use of NBC Universal Properties
Notice ID: 14-16023048
5 Feb 2008 06:43:02 GMT

Dear Sir or Madam:

Please be advised that NBC Universal and/or its subsidiary and affiliated companies (collectively, NBC Universal) are the owners of exclusive rights protected under copyright law and other intellectual property rights in many motion pictures and television programs, including the title(s) listed below (the NBC Universal Properties). NBC Universal diligently enforces its rights in its motion pictures.

It has come to our attention that Rogers Cable Communications Inc. is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file "swapping" or other similar activities) of the NBC Universal Property or Properties listed below, or portion(s) thereof, is taking place. We believe that the Internet access of the user engaging in this infringement is provided by Rogers Cable Communications Inc. or a downstream service provider who purchases this connectivity from Rogers Cable Communications Inc..

This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act. Depending upon the type of service Rogers Cable Communications Inc. is providing to this IP address, it may have legal and/or equitable liability if it does not expeditiously remove or disable access to the motion picture(s) listed below, or if it fails to implement a policy that provides for termination of subscribers who are repeat infringers (see 17 U.S.C. 512).

Despite the above, NBC Universal believes that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.

The undersigned has a good faith belief that use of the NBC Universal Property or Properties in the manner described herein is not authorized by NBC Universal, its agent or the law. The information contained in this notification is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBC Universal with respect to this matter.

Please be advised that this letter is not intended to be a complete statement of the facts or law as they may pertain to this matter or of NBC Universal's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

Please send us a prompt response indicating the actions you have taken to resolve this matter, making sure to reference the Notice ID number above in your response.

mailto:antipiracy@nbcuni.com?subject=RE%3A%20DMCA%20Notification%20Notice%20ID%3A%2014%2D16023048

If you do not wish to reply by email, please use our Web Interface by
clicking on the following link:

http://webreply.baytsp.com/webreply...=14&commhash=a6b0d537b6e7fc307f5c4f114b324c3a

Note: If your email program has inserted line breaks into either the
email or web links above, you can copy and paste the entire link in to
you email program, or favorite web browser, respectively.


Very truly yours,


Mark Ishikawa
c/o NBC Universal Anti-Piracy Technical Operations
100 Universal City Plaza
Universal City, CA 91608

tel. (818) 777-4876
fax (818) 866-2155
antipiracy@nbcuni.com


*pgp public key is available on the key server at ldap://keyserver.pgp.com
** For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.com and refer to Notice ID: 14-16023048. If you need immediate assistance or if you have general questions please call the number listed above.
Title: Kingdom, The
Infringement Source: BitTorrent
Initial Infringement Timestamp: 31 Jan 2008 12:48:51 GMT
Recent Infringement Timestamp: 1 Feb 2008 13:11:13 GMT
Infringing Filename: 12.26.07.The.Kingdom.2007.DivX.720p.DTS.HD.DVDRiP-CHD
Infringing File size: 4712749148
Infringers IP Address: 99.236.197.xxx Infringers DNS Name: cpe0016b6e6c240-cm001947578af8.cpe.net.cable.rogers.com
Infringing URL: http://www.hashish.ath.cx:6969/announce

 

[tightfit]

Typical Rogers Bullshit....This company should rename itself "The ever changing Policy". Rogers bow down to every type of transmission of data
that is not exclusively geared to their own advantage..I wish someone would break this monopoly company. Thank god I no longer have to put up with their BS.

 

[svtcobra]

Honestly don't worry about this notice from Rogers.

They have to email this to you and it is basically automated emails. Canada is in a very grey area for this type of stuff and it is going to be awhile before they can do anything.

Just keep on "backing up you're personal media"

 

[cypherpunk]

Whatever you do, confess to nothing. If you have to, you can say that your wireless AP became unsecure after being reset to factory settings (oops).

A more interesting issue is whether or not baytsp has to have a PI license to collect this sort of data and have it be used in a Canadian court. This has become a big issue recently in one or two states.

 

[A.J. Raven]

Another thing to keep in mind is copyright laws are very different in Canada than in the US. At the beginning of films we have all read the warning that refers to "...laws in the US & other countries." While copyright laws in Canada do protect the copyright owner, they are also designed to protect the purchaser of the copyrighted materials. A good example of this, is Canadian laws extend to the consumer the right to make 2 personal copies of any copyrighted material they purchase. Although the issue of downloading is constantly being challenged, if you have at any time purchased the material you are downloading, then you are well within your rights to download it. American companies, try as they might, will never be able to superimpose American law onto those of our own. We are still, after all, a seperate nation.

As for Rogers.... perhaps we victims (customers?) should file a class action lawsuit against them. There is certainly grounds to so in monopolized Toronto proper.

 

[cypherpunk]

Although the issue of downloading is constantly being challenged, if you have at any time purchased the material you are downloading, then you are well within your rights to download it.

You cannot however upload it, which is invariably what happens with BT and most other P2P systems. Also, owning a DVD of a film is not a license to download an HD copy of the film. There's room for considerable hair splitting on that point.

 

[samcan]

I dont plan on confessing or taking any action, just curious this is the first time ever and I do torrents. Not sure how NBC picked up on this, anyone have ideas? Watching Robin williams right now and Blue Collar earlier

 

[cypherpunk]

Not sure how NBC picked up on this, anyone have ideas?

NBC pays a company called BayTSP to connect to you on bittorrent, log your information, and send a nastygram to your ISP.

 

[samcan]

Work arounds on Rogers? Hide my IP? I dont have any plans to upload as there are removed after the download. Though I guess I'm sharing during Dl bu limit upload. And no it wasnt HD.
Does no other company but NBC do this?

 

[Papi Chulo]

Work arounds on Rogers? Hide my IP? I dont have any plans to upload as there are removed after the download. Though I guess I'm sharing during Dl bu limit upload. And no it wasnt HD.
Does no other company but NBC do this?

With torrents, files (parts of them) are uploaded while you download it.

 

[samcan]

Yes I realize that, but I this is the first one that was ever discovered. Guess need to check who makes the movie

 

[cypherpunk]

Work arounds on Rogers? Hide my IP?...And no it wasnt HD.
Does no other company but NBC do this?

PeerGuardian, no, yes, yes.

 

[bobistheowl]

Canadian laws only cover uploading, not downloading.

Technically speaking it would be hard to prosecute someone who is using torrents, unless they are the original seed file, because one could argue that they did not upload the file, only selected, random parts of it, which are garbage data without all of the other parts. It's a lot easier to prosecute for .mp3s, because the exchange of data usually involves a single upload from one source.

What Rogers is doing is trying to sell you a large chunk of bandwidth, and then tell you that you can only use it for e-mails, instant messenger and surfing. They want to add new customers without increasing the total amount of bandwidth for their network. They're not as concerned with download bandwidth, because that comes from the sender. They just wrap their cash grab policy changes in weasel words that make them appear to be upholding International copyright laws.

Go with Teksavvy DSL. They recently doubled monthly bandwidth at no extra charge, and I think they only count download bandwidth, not up. I use most of my b/w for up, so I have no problems with that. My Teksavvy bill is about 60% of what I used to pay Rogers.

The worst problem with Rogers is their EULA. It states that they can make changes to the contract any time they want, but it is binding for the user. I signed up for a two year package with unlimited bandwidth in December. '04, and less than two months later, they cut monthly bandwidth to 60 GB/mo. Then they put restrictions on how you could use your bandwidth, but they didn't have the guts to make that policy change known in writing. "Traffic Shaping", the called it. I didn't stay with them a day beyond my two year contract, and would have gotten out of the deal earlier, except I would have had to pay back all the discounts from the first three months of service.

 

[samcan]

Sorry to bring up old thread but now have peer gaurdian install and man you should see what it blocks, Sony, Warner, Disney.
I could go on but think most will get the drift about sniffers.

 

[dreamblade]

Sorry to have stumbled on this thread so late, but I'm calling BS on the initial email. Even if it was legit, it holds absolutely no water in Canada, because of the tariff law Canada signed with the RIAA/MPAA(call them the MAFIAA) in 1997. We pay a small fee on all recordable media and in exchange, we can DL to our hearts content.

Furhtermore, it was proven in US court that IP isn't a reliable way of sniffing out pirates (ARRRRRRR!), and that the cease and desist letters are not binding, because the method of finding perpetrators is actually illegal.

Several legal bodies have taken up the fight against the MAFIAA, including Harvard, using it as an exercise for their students.

I have tonnes of material about this, and was a card carrying member of the EFF when I lived in the States.

 

[cypherpunk]

Furhtermore, it was proven in US court that IP isn't a reliable way of sniffing out pirates (ARRRRRRR!), and that the cease and desist letters are not binding, because the method of finding perpetrators is actually illegal.

I've been ignoring all matters of law for a while now, but I think you should double check your claims.

 

[Brownie69]

I get the Microsoft warnings but you know if Rogers wants me off, well Bell is happy to get my dollars among a few other resellers

I'm a Bell user and never once have I heard of this BS coming from them....

 

[dreamblade]

http://recordingindustryvspeople.blogspot.com/2007/09/riaa-complaint-dismissed-in-california.html

http://p2pnet.net/story/14164

There's tonnes more to be found on /. and on the register, but I haven't had my coffee yet.