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Legal trouble! I received a DMCA notice, what should I do? Do not download movies!!!

SolidGun

SolidGun

macrumors 6502
Original poster
Jul 24, 2004
340
17
Twin Cities
I can't remember what they said at one time on ScreenSavers about receiving Digital millenium copyrights act notices from your ISP!?!?!?!

I was downloading Spiderman 2 off of a torrent site (thinking that it was just a trailer, I thought it said 70MB, but it is 700MB), and my ISP stopped my internet connection(this only affected my PB which I wasn't using to download anything, my pc's connection is fine, which I was using to download). They are investigating and they made me fill out a form and swear that I have removed the file.
I did fill out the form and swear, but I think that was not the recommended action....

Anyone know what is suppose to be done to prevent more legal problems?

BTW do not download Columbia/Tristar pictures, which Spiderman 2 was.
 
SolidGun said:
BTW do not download Columbia/Tristar pictures, which Spiderman 2 was.
Click to expand...

if you aren't willing to face the consequences, don't download something you have no legal posession of. period. :rolleyes:
 
I have found BT to be the WORST offended when it comes to putting you out in the open for people to find you. Countless people on my college network have gotten these notices.

Basically, alot of people have stopped using BT for movies and music, you just don't want to put your name out there like that.

BEN
 
Wait, so how do you know they stopped your PB's internet connection? When you say they stopped one but not the other, do you mean they've blocked the MAC address off your PB? :confused: And did they say they stopped it cuz of this? I wonder how they picked the MAC address, or even the dynamic IP, if it wasn't the one doing the BT to begin with.
 
JzzTrump22 said:
What torrent site were you trying to download from?
Click to expand...

Translation: Tell me what site your downloading from so I don't use that one. :D

If I had to guess, I think it probbably would be suprnova.org. I've tried to cut back on downloading from that site (and all sites for that matter) because I've heard rumors that the RIAA and MPAA are monitoring it, and also the feds too.

SolidGun -- Keep us posted, hope nothing too serous happens....
 
that really sucks, sorry man. hopefully it works out fine. luckily i dont download movies, but i may have to watch out on the music portion. i don't get much but probably still risky. i'm still curious to know what site he is talking about.

iJon
 
musicpyrite said:
Translation: Tell me what site your downloading from so I don't use that one. :D
Click to expand...

lol. I don't dl movies. Once in a while i will dl a torrent but not all the time. I just wanted to know what site are being monitored. I figured it was suprnova. I don't know why the gov wastes it's time monitoring sites like this. If they do manage to close a website, another 5 will open up.
 
Remember, if you download movies then the guy that painted the set for Dick Tracy won't get his money. *sniff* *sniff* ahahah Man those advertisements annoy me to no end.

You know who really doesn't get their money, the Production Company! ahah I dunno maybe ol Tobey will take his direction from Lars and decide he isn't getting his fare share of his (probably) multi million dollar salary and go after the "Acursed" file sharers!

ahahhaha
-jim
 
SolidGun said:
IThey are investigating and they made me fill out a form and swear that I have removed the file.
I did fill out the form and swear, but I think that was not the recommended action....

Anyone know what is suppose to be done to prevent more legal problems?

.
Click to expand...

Did you keep a copy of the form that you signed? There's not much you can do until someone contacts you, other than to be careful from now on. If it happens only once, you can explain it as an innocent mistake (whether or not it actually was). But if you keep doing it, or have a bunch of movies on your HD already, then if they come after you and look at your computer, the "innoncent mistake" defense won't work so much.
 
What you do is get a lawyer. Now.

If this is a letter from your ISP because they noticed suspicious traffic I don't think you're in immediate danger. If it's a letter saying that the MPAA or RIAA have been asking about you then it's okay to crap your pants.

What you did by swearing to remove the file was swear that you have the file in the first place. If you promise not to do it again, it affirms that you have done it in the past. These can be used against you in court and that's why it isn't recommended. Your lawyer can tell you more.

Let's not limit this to Columbia/Tri-Star pictures though. You know that the same thing could have happened no matter what you downloaded.
 
HorrorTaxi's point is a good one. Not too long ago the RIAA offered an amnesty form wherein the RIAA agreed not to sue the user; however, the user could be sued by the actual copyright holder or anyone else who had standing to sue. Not signing the document would be a very good idea; ISPs are not in the business of turning over their customers to the RIAA, and you currently hold no obligation toward anyone.

I don't know if I'd go so far as to get a lawyer, but you may want to switch ISPs. Also, I'm not telling you to do so, but removing any indication that you downloaded/had the file would also be a good idea.

I'm not clear on how the ISP blocked only one of your computers. Could you clarify? Also, can you post a scan of the document you were sent? I'm sure we're all eager to see what it looks like.

Mike LaRiviere
 
Being blocked off.....

What happens is when I try to connect to a site it will redirect me to CableOne and take me to the explanation on why my internet connection has been severed. However, this only happens when I am trying to connect on my PB. My PC, which I used to download stuff, isn't affected by this and I am able to use the connection.
It is only an e-statement, and I filled out since I was actually downloading the trailer....I should have gone through the legal site, but I needed the extra MB upload at that torrent site, this isn't limited to one torrent tracker either.

It is funny that I am getting that notice for downloading the trailer....never when I previously downloaded "other" similar stuff.

Thanks for all your input and stay away from movie torrents.
 
OMG!!!

Do not! I repeat... Do NOT. Send that letter back. :eek: :eek: :eek: :eek: :eek:

The Screensaver's had a lawyer specializing in copyright violations. He said that by sending the letter back you are admitting guilt. You will not have any recourse to fight in court. :eek:
 
Duff-Man says....at least get your story straight - in your first post you say:
I was downloading Spiderman 2 off of a torrent site (thinking that it was just a trailer, I thought it said 70MB, but it is 700MB)
Click to expand...
and then later you say
It is funny that I am getting that notice for downloading the trailer
Click to expand...
so....did you d/l the movie or the trailer....I suspect your first post is the right one - it was the movie.....oh yeah!
 
Yeah right...the trailer. I'm sorry but imo anyone who knows enough to use bit-torrent knows what they are doing. Why would you download a trailer off a bit-torrent site when you can get them for free on the web? This is like that guy who claimed he was only downloading what he thought was a "demo" off a file sharing site of Office 2004. Yeah right. Stop downloading movies if you don't want to get caught.
 
Somebody who is slick enough with technology to use bit torrent should also be slick enough to go to the right place to get a trailer and slick enough to know that the trailer isn't going to be 70MB. Having said that, a jury might believe that you made an innocent mistake. This depends on 2 things though--your lawyer and theirs. Seeing as how the MPAA probably has better representation than you do it seems more likely that they could convince a jury to see their side. Juries are infamously ignorant though, so anything can happen. If it were a bench trial (judge, no jury) then forget it. Even if the judge wasn't slick with the technology, he/she can still smell BS a mile away. If it goes to trial, ask for a jury trial...or just settle and learn a lesson.

Are you under or over 18, by the way?
 
No, I did think it was the trailer, and I wanted to see it cause I saw the movie in the theater.
The torrent site was in Spanish and the description indicated Spiderman2.... and 70MB. Have you seen a full feature movie that is only 70MB? That is why I thought it was the trailer. That and I needed small enough file that I can seed out as well.
But never mind, I already replied and have no intention of downloading movies again. If they sue me, I will keep you up to date, but I don't think that will be happening anytime soon.
 
Y'all, stop trying to freak out this guy. Look buddy, no one's taking you to court, you don't need a lawyer, and the RIAA would never allow you to have a jury trial. Nothing's going to happen to you. It looks like your ISP is quick to narc, so I'd keep the illegality to a minimum, at least until you're off everyone's radar.

You're not a huge warez dealer or bootlegger; you're not in any trouble. Ignore any post here that frightens you. I'll be happy to bet anyone here that you are never contacted by the RIAA or MPAA. Just follow the law from now on and you'll be good.

Mike LaRiviere
 
MikeLaRiviere's advice has had most impact on me so far. I am really not too concerned about getting sued at this time. I have talked to a few people and my dad's attorney friend and they told me that I shouldn't have admitted, but the sworn statement didn't include enough to get me into any trouble. Also, the link to the foreign torrent no longer shows up in the FindTorrent program.
If they sue me, it won't be too bad either, I have enough under my belt and good community support. So I think I will be moving on from this discussion. Thx for your support people and no thanks to you "others".
 
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