Kinda Freaked Out - Copyright Infringement Notice...

Discussion in 'Community Discussion' started by Xander562, Apr 16, 2007.

  1. macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #1
    So I received one today by postal mail from my internet provider (charter). They were notified by this other company, BayTSP, about my actions. Has anyone else gotten any of these? Any advice? By the way, I got this today, the time of the infringement was a long time ago -- February.
     
  2. macrumors 68000

    Veritas&Equitas

    Joined:
    Oct 31, 2005
    Location:
    Twin Cities, MN
    #2
    As long as you haven't downloaded anything illegal (songs, software, illegal torrents, etc.) you should be fine?

    However, if you're like what I'd guess are a good percentage of those on MR and online forums in general, you might have some problems if you got caught! :(

    About the infringement being in February and you getting the notice now, 2 months is pretty normal for it to be recorded, reported, and sent out. Also, isn't the first letter usually just a warning like a cease & desist and then they won't prosecute you? Not any immediate legal action anyway?
     
  3. macrumors 68020

    wmmk

    Joined:
    Mar 28, 2006
    Location:
    The Library.
    #3
    Yikes! Scary stuff...

    I pirated some music and an app or two a year or two ago, which I have since deleted. Is there much chance that legal action could be taken against me? For all it's worth, I was 11 or 12 at the time.
     
  4. macrumors 68000

    Veritas&Equitas

    Joined:
    Oct 31, 2005
    Location:
    Twin Cities, MN
    #4
    LOL! If that's all you've done, I think you're quite alright my friend.
     
  5. macrumors 65816

    benlee

    Joined:
    Mar 4, 2007
    #5
    what did the notice say?
    any legal action or just a warning?
     
  6. macrumors 65816

    benlee

    Joined:
    Mar 4, 2007
    #6
    from what i know. there a so many people that pirate music, movies, software, etc. chances are they are not going to take legal action against someone who pirates occasionally. (Not that you should do it) they want the people that are uploading GB's of stuff a week. A company seeking legal action would have probably have to pay more in legal fees than they actual cost of what you pirated. that just my take i could be wrong.
     
  7. macrumors 68040

    Koodauw

    Joined:
    Nov 17, 2003
    Location:
    Madison
    #7
    I thought it wasn't a copyright infringement if you download files, just to allow others to download from you.
     
  8. macrumors regular

    Joined:
    Dec 12, 2005
    Location:
    Washington, DC
    #8
    Nope, illegally downloading for your own use still counts as copyright infringement. If you download it and then distribute it to others, though, then you're causing even more infringement -- which means you're extra screwed if RIAA, the MPAA, etc. decide to come after you!
     
  9. Moderator emeritus

    devilot

    Joined:
    May 1, 2005
    #9
    The ex had this happen to him. Got busted downloading and the notice specifically stated what he had been downloading (The Sopranos). He explained to our housemate and landlord, and she emailed the ISP (I think) and explained it was a one-time silly (read: dumb) mistake and that it wouldn't happen anymore.

    That seemed to suffice. :)

    G' luck, OP. And I hope you've learned from this. ;)
     
  10. macrumors regular

    Joined:
    Nov 9, 2006
    #10
    People get these all the time and I've never seen anything come of it, so I wouldn't worry about it.
     
  11. macrumors 68000

    Leareth

    Joined:
    Nov 11, 2004
    Location:
    Vancouver
    #11
    In canada it works this way. You also cannot sell your back ups.
    But download all you want... :D since we get penalized with a surcharge on cd-r's and dvd-r's
     
  12. macrumors 6502

    Joined:
    Jun 19, 2006
    Location:
    NZ
    #12
    Lol you should use something like peer guardian. I DL movies, games, songs whatever all the time.
     
  13. thread starter macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #13
    That's correct, just a warning.



    The thing is, they sent the notice to Charter (my provider) about 7 days after the infringement in february. It took CHARTER 2 effing months to send it to me! If i knew immediately I could cease and desist just fine, I'm done with torrenting forever, go on my marry way right? But now it looks as though I have 2 months of these waiting to get mailed to me for things i wouldn't have ever even thought of downloading had i got the notice on time. :mad:


    Don't get me wrong, i did it, i was wrong. I've deleted ALL files that could even have the SLIGHTEST hint of being illegitimate, but it seems this is 2 months too late. :(

    Any help?
     
  14. thread starter macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #14
    But was it one-time and silly?


    And YES I HAVE LEARNED FROM THIS!
     
  15. macrumors 6502

    TheBobcat

    Joined:
    Nov 1, 2006
    Location:
    East Lansing, Michigan
    #15
    Get peer guardian, it blocks those stupid companies from seeing you.
     
  16. Moderator emeritus

    devilot

    Joined:
    May 1, 2005
    #16
    Similar to you, the first notice came weeks after the download was completed. He had since downloaded the rest of the season, they just explained that. :)
     
  17. macrumors 68000

    latergator116

    Joined:
    Sep 30, 2003
    Location:
    Providence, RI
    #17
    About 8 months ago my brother got an email from our ISP (Cox) warning us to stop downloading movies illegaly (he downloaded over 40 gigs). Since then he hasn't downloaded anymore and we haven't received any more emails.

    I think as long as you don't hear anything from the RIAA or MPAA or anyone like that, you'll be fine. Good luck.
     
  18. thread starter macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #18
    Oohh, this is a little reassuring,(I haven't downloaded anything like that much) was there any time-frame? Could you specify anything as to that? Like the time of the offense to the time of you notifying?
     
  19. macrumors 68040

    synth3tik

    Joined:
    Oct 11, 2006
    Location:
    Minneapolis, MN
    #19
    it still is infringement, just not as defined my most laws.


    That is my understanding too, Thats why the program KDX was so cool and well so shady, as they would use random servers to have people upload from, chances are they did not get permission for a lot of the servers, but yeah. The act of downloading music is not really illegal, but the act of uploading music, software, etc. is. Just like in a lot of places it is not illegal to buy drugs, but it is illegal to sell, have,or use them, but not to buy.
     
  20. thread starter macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #20
    Hmm yeah, for now I've specified that I have complied with this instance and have deleted everything. If they send just even one hint of another, I'm going to do everything i can to explain to the company --- direct e-mail, postal mail, calling, etc. to explain my situation then I suppose.
     
  21. macrumors 68000

    latergator116

    Joined:
    Sep 30, 2003
    Location:
    Providence, RI
    #21
    From the time he downloaded the first movie to the time he got the email I'd say at least 2 months.
     
  22. macrumors G5

    CanadaRAM

    Joined:
    Oct 11, 2004
    Location:
    On the Left Coast - Victoria BC Canada
    #22
    As pointed out - nope it could still be illegal depending on your jurisdiction.
    And in Canada the Recording Whatchamacalit Levy charged on blank media applies only to recorded music, not to videos.

    But remember, if you torrent or Limewire or xxxxx then in the default settings, you are also making the items in your library available to others, and you are acting as a pirate server.
     
  23. thread starter macrumors 68000

    Xander562

    Joined:
    Apr 2, 2006
    #23
    I see. I see. Thank you. This helps ever so slightly.
     
  24. macrumors 604

    GFLPraxis

    Joined:
    Mar 17, 2004
    #24
    That's only true in Canada.
     
  25. macrumors 68040

    synth3tik

    Joined:
    Oct 11, 2006
    Location:
    Minneapolis, MN
    #25

    You will not be sued by your ISP. your ISP sends you a letter to basically let you know that they have noticed some bad internet behavior. It does not necessarily mean that the MPAA, or RIAA even know you. So with a letter there is no statute. You break your contact once, they warn you, they could kill your service next time, even after a year or two, it's the ISPs choose, they won't sue you, but they will kill you service or apply charges to your bill the MPAA or RIAA will sue you, get a letter from them and well, it's been nice seeing you use the internet. Right now, don't worry, but since their watching, maybe you should not download anything that is not legit.
     

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