Guidance Needed (Copyright Infringement)

[BoarderX]

Hello all,

I need some guidance concerning a letter I received from my ISP about illegal downloads. It follows (some information is going to be x'ed out):

Dear Mr. XXX:

By electronic mail dated March 24, 2007, XXX Communications, LLC, a XXX Company, received formal notification from XXX, that you have downloaded the following copyrighted motion picture through a "peer-to-peer" service on IP Address: XXX on or about March 22, 2007 at 10:07:54 GMT: Children of Men.

If true, such activity may constitute copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). Furthermore, such activity would violate our Acceptable Use Policy. As such, and in accordance with the requirements set forth in the Digital Millenium Copyright Act, we request that the alleged infringing material be removed from your website and computer immediately.

Alternatively, if you believe that XXX is mistaken, you may have the right to file a counter-notification, instructions for which can be found at http://XXX. If the complained of material is not removed within forty-eight (48) hours, or you do not file the appropriate counter-notification with XXX, XXX will be forced to suspend your account.

Please feel free to contact me at...

Sincerely,
XXX

Okay, so I know how I got caught (fake aXXo upload). The above letter was dated April 6, 2007. I immediately terminated all my torrent downloads at that point and have not even opened my client since. As I understood the letter, if I deleted the material I was fine. However, I received a second, identical, letter dated April 12, 2007. The letter was exactly the same minus the date.

What does this mean? By not filing a counter-notification, am I admitting guilt? Why send two letters? It has obviously been well over 48 hours and my account is not suspended.

Furthermore, a fellow student in the same apt. complex as mine received this letter 1 month ago. He took no action, and has not heard from them since. He did not receive two letters, though.

Any advice is truly appreciated. Thanks.

[z31200n3]

you received a second notice that was identical except for the date...

is your connection wireless? if so (heres my paranoid theory) someone in your complex might be piggy-backing on your signal and using it for their downloads, however it would trace back to you, as it is your connection.

I know thats a bit paranoid, but, its possible...

I'm no lawyer, so I suggest you contact one.

my $0.02

[BoarderX]

Thanks for the reply.

I'm not sure that's it because I myself am a bit paranoid and have my router logged/secured. Also, it lists the exact same movie as before with the same date and time.

I think you may have confused the date. I meant the letter was dated differently, not the date of the download. If the date of the download were different, I would be more inclined to think the same as you.

[z31200n3]

well, then its possible that they just issued the same notice twice. Perhaps something got 'crossed' inside the ISP, causing them to issue more than one notification.

Again, I'm not a lawyer, and I highly suggest seeking legal advice, if you fear further action.....I would fear further action, and I would have already called my lawyer. Of course, I also dont download anything illegal from BT....perhaps you should consider the same ;-)

[BoarderX]

Yeah, to be honest I agree with you. I'm just a tad poor at the moment, legal fees are gonna kill me. That's why I'm trying to get some other perspectives first. Thanks.

[MicroBurn]

You could write them back and ask them why they sent two different copies of the same letter, removed the file, just like they asked, you say your router is secure (might as well check the logs to be safe), and they don't seem to be threatening any legal action (since the file was deleted), just canceling your account.

I'd say contact the company, and see what is going on would be your best bet.

Also, hello everyone. It's been awhile. :-)

[nihil]

Hmmmm,

It looks very much like some sort of clerical or administrative error.

As I understand things, most ISPs send a warning letter in the first instance but don't do anything.

If you did download it then a lawer won't be much help anyway.

Hello MicroBurn