comcast sent me this letter...should i be worried?

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comcast

comcast ip services
1800 bishops gate blvd
mt. laurel, nj 08054

notice of action under the digital millennium copyright act

dear comcast high-speed internet subscriber:

comcast has received a notification of claimed infringement made under the digital millennium copyright act (the "dmca"). this notification, made by a copyright owner or its authorized agent, reports an alleged infringement of one or more copyrighted works made on or over comcast's high-speed internet service (the "service"). the works identified in the notification of claimed infringement are listed below. in accordance with the dmca and comcast's acceptable use policy, comcast request that you immediately remove the allegedly infringing works from the service or comcast will be forced to remove or block access to the works.

if you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to comcast. upon comcast's receipt of a couter notification that satisfies the requirements of the dmca, comcast will provide a copy of the counter notification to the party who sent the original notification of claimed infringement. we will then follow the dmca's procedures with respect to a received counter notification.

for more information regarding comcast's copyright infringement policy, procedures, and contact information, please read our acceptable use policy by clicking on the terms of service link at http://www.comcast.net.

sincerely,
comcast network abuse and observance team

copyright work(s) identified in the notification of claimed infringement:
infringed work: ********************
infringing filename: ********************
infringing filesize: 386089369
protocol: bittorrent
infringers ip address: ********************
infringer's user name:
infringer's dns name: ********************
initial infringement timestamp: 17 jan 2005 23:09:47 gmt
recent infringement timestap: 17 jan 2005 23:09:47 gmt

paranoid and depressed, Wednesday, 20 April 2005 21:17 (twenty years ago)

take it down and send it back to them and see if anything happens.

kyle (akmonday), Wednesday, 20 April 2005 21:24 (twenty years ago)

Yeah I would take the file down and pray.

Alex in SF (Alex in SF), Wednesday, 20 April 2005 21:27 (twenty years ago)

i received the letter yesterday and the file has been deleted a very long time ago...if this were really serious do you think they would have sent the letter earler?

paranoid and depressed, Wednesday, 20 April 2005 21:30 (twenty years ago)

big corporations move slow. I'd leave the country if I were you.

kyle (akmonday), Wednesday, 20 April 2005 21:31 (twenty years ago)

Change your name to Winston Smith.

M. White (Miguelito), Wednesday, 20 April 2005 21:33 (twenty years ago)

This is my biggest fear!

European Samuel Glickstein (nordicskilla), Wednesday, 20 April 2005 21:33 (twenty years ago)

Can I ask...what was it?

European Samuel Glickstein (nordicskilla), Wednesday, 20 April 2005 21:33 (twenty years ago)

pr0n

milozauckerman (miloaukerman), Wednesday, 20 April 2005 21:34 (twenty years ago)

Chiklis Gone Wild

Ned Raggett (Ned), Wednesday, 20 April 2005 21:34 (twenty years ago)

Send adam the link.

M. White (Miguelito), Wednesday, 20 April 2005 21:34 (twenty years ago)

I would write to them and tell them exactly what you told us, that the file had been removed some time ago. I can hardly see how it's worth their time to take this to court when you've already removed the file.

Kate / Productive Pedagog (papa november), Wednesday, 20 April 2005 21:34 (twenty years ago)

jackass

quite fitting?

paranoid and depressed, Wednesday, 20 April 2005 21:35 (twenty years ago)

oh no, not TV!!!!!!!!!!!!

European Samuel Glickstein (nordicskilla), Wednesday, 20 April 2005 21:36 (twenty years ago)

It's totally worth the RIAA or MPAA's time to pursue this long after the file has been removed, to the tune of a few grand.

milozauckerman (miloaukerman), Wednesday, 20 April 2005 21:37 (twenty years ago)

Anyway, this would freak me out, but really it sounds like if you take it down that will be the end of it.

European Samuel Glickstein (nordicskilla), Wednesday, 20 April 2005 21:38 (twenty years ago)

mmm, might be an admission of guilt if you say that you took the file down. Lawyers to thread!

teeny (teeny), Wednesday, 20 April 2005 21:39 (twenty years ago)

I dunno, i thought these people usually just sent cease and desist type letters. This sucks.

Kate / Productive Pedagog (papa november), Wednesday, 20 April 2005 21:40 (twenty years ago)

well Jackass is available on DVD. Anything that is available on DVD is probably not a good thing to share.

kyle (akmonday), Wednesday, 20 April 2005 21:41 (twenty years ago)

Send a letter to Johnny Knoxville begging for mercy.

milozauckerman (miloaukerman), Wednesday, 20 April 2005 21:42 (twenty years ago)

but really, the only thing comcast claims they will do is "remove or block access to the works" and that's about it

are they just using scare tactics?

paranoid and depressed, Wednesday, 20 April 2005 21:42 (twenty years ago)

Well this kind of is a cease and desist letter.

Alex in SF (Alex in SF), Wednesday, 20 April 2005 21:43 (twenty years ago)

How does bittorrent liability work? If you shared the original file and the torrent is still actively being traded (and can be traced to your original somehow), is that your problem, or does your involvement end when you stop sharing it?

milozauckerman (miloaukerman), Wednesday, 20 April 2005 21:45 (twenty years ago)

Create a file with the same name, same extension, the same file size and put it up in its place.

A / F#m / Bm / D (Lynskey), Wednesday, 20 April 2005 21:47 (twenty years ago)

uh, why would that be a good idea? also that wouldn't work with bittorrent

kyle (akmonday), Wednesday, 20 April 2005 21:51 (twenty years ago)

i don't like giving legal advice here, but in this case --

paranoid: contact an attorney, immediately.

Eisbär (llamasfur), Wednesday, 20 April 2005 23:33 (twenty years ago)

See this is why I dont like bittorrent :/

Trayce (trayce), Wednesday, 20 April 2005 23:45 (twenty years ago)

but really, the only thing comcast claims they will do is "remove or block access to the works" and that's about it

are they just using scare tactics?

Clearly they're using "please remove it" tactics.

Seriously, it just looks like comcast wants you to take the file down so comcast isn't fined/sued. And you already did, so it's all cool. Odds on you won't ever hear about it again.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 00:35 (twenty years ago)

And think about it: If comcast pursued legal action against every customer who stored one illegal file, or even dobbed all the names into the US government, it'd lose its clientèle pretty bloody quickly. It's just protecting its own arse.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 00:38 (twenty years ago)

Seriously, it just looks like comcast wants you to take the file down so comcast isn't fined/sued.

that is true. i took a quick look at the statute -- it appears that as long as the ISP gives the alleged infringer "reasonable notice" (after a subpoena has been served upon it), the ISP is off the hook re liability for the alleged copyright violation.

And you already did, so it's all cool. Odds on you won't ever hear about it again.

i don't know if THAT is true. again, just taking a quick look at the statute and the caselaw, the ISP is acting in compliance. it does NOT appear to mean that he's off the hook wr2 this. that's why i suggested he go to a lawyer immediately.

i don't mean to be alarmist here. but seriously, go to a lawyer immediately -- go to this website to see if you can find an attorney listed there who may help.

Eisbär (llamasfur), Thursday, 21 April 2005 00:56 (twenty years ago)

i don't know if THAT is true. again, just taking a quick look at the statute and the caselaw, the ISP is acting in compliance. it does NOT appear to mean that he's off the hook wr2 this. that's why i suggested he go to a lawyer immediately.

True, but if it's one file and it was removed in the past, there's nothing in it for Comcast or the DMCA people to take it further. There'd be thousands of these warnings issued weekly in the United States.

An attorney would probably advise paranoid and depressed to just wait and see what happens, but it's probably worth knowing where [s]he stands, so yeah.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 01:00 (twenty years ago)

I know someone who got a letter like this from Telstra here, and she wasnt even hosting anything - she'd torrented down some tv shows I think - but nothing else came of it, she just, I presume, stopped downloading stuff.

Trayce (trayce), Thursday, 21 April 2005 01:04 (twenty years ago)

I've known loads of people here who've been given warnings and nothing else. But we're not the United States so things could be different.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 01:07 (twenty years ago)

True, but if it's one file and it was removed in the past, there's nothing in it for Comcast or the DMCA people to take it further.

one is enough, though.

Eisbär (llamasfur), Thursday, 21 April 2005 01:10 (twenty years ago)

Yes, but nothing in the email even hints at there being any kind of punishment. It just says "remove the file or we will".

It also says the complaint was made by a copyright holder. If this file was removed a while ago and the copyright holder has made no attempt to contact paranoid and depressed directly, instead merely notifying Comcast of the file, I don't see it getting any more litigious unless [s]he puts more illegal files on the server.

And look at how it starts:

dear comcast high-speed internet subscriber:

It's an automated email. It doesn't even his/her name at the top.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 01:20 (twenty years ago)

I'm not saying legal proceedings won't happen, just that it looks very very unlikely.

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 01:23 (twenty years ago)

Agreed. Most likely scare tactics... I wouldn't lose any sleep over this if and until they follow up with you.

Aaron W (Aaron W), Thursday, 21 April 2005 01:25 (twenty years ago)

Can TOMBOT please show up and make fun of you guys already

JONBOT (ex machina), Thursday, 21 April 2005 02:01 (twenty years ago)

These notices are perpetually 2 months behind and mostly automated BS. I've seen the exact same notice sent to a user for 6 months for apparently sharing a trailer for Army of Darkness over a dial-up connection at some point last year. Comcast is just relaying the legal threats they are receiving from RIAA/MPAA linked to your IP address.

Zebra, Alpha Go! (cprek), Thursday, 21 April 2005 02:08 (twenty years ago)

it still wouldn't hurt to talk to a lawyer, if you can. as i said, the statute is pretty harsh but that doesn't mean that the RIAA will actually sue you.

how is law school treating you BTW, aaron?!? shouldn't you be preparing for yer 1L exams now?

Eisbär (llamasfur), Thursday, 21 April 2005 03:33 (twenty years ago)

i will also mention the letter is definitely a photocopy...it has dark splotches and spots that are often indicative of a xerox copy...quite strange that they couldn't even give me an 'official' copy

paranoid and depressed, Thursday, 21 April 2005 04:36 (twenty years ago)

pffft just a warning then, fertilise your garden with it

Autumn Almanac (Autumn Almanac), Thursday, 21 April 2005 04:37 (twenty years ago)

Wait, is it legitimately for you then? The details you starred out - were they your userID, your IP, and a file you know you had? I assume yes, but it wasnt clear.

Trayce (trayce), Thursday, 21 April 2005 04:59 (twenty years ago)

Comcast's share price has gone down by 1.17% since you started this thread.

All they're doing is protecting themselves. They aren't going to sue you.

Markelby (Mark C), Thursday, 21 April 2005 09:09 (twenty years ago)

yes, it was legitimately me...but i was just downloading...i was not the creator nor the distributor of the original file

paranoid and depressed, Thursday, 21 April 2005 13:22 (twenty years ago)

Just forget about it

A Viking of Some Note (Andrew Thames), Thursday, 21 April 2005 13:24 (twenty years ago)

three years pass...

Yes, what ever came of this?

roxymuzak, Tuesday, 13 May 2008 22:34 (seventeen years ago)

This:

http://www.zeropaid.com/news/9470/Comcast+Mulls+250GB+Monthly+Cap,+Disconnecting+File-Sharers/

Alba, Tuesday, 13 May 2008 22:51 (seventeen years ago)

250gb per month!

jed_, Tuesday, 13 May 2008 22:57 (seventeen years ago)

i used to work for an isp, and occasionally we'd have to call (or write to) a customer who allegedly downloaded copyrighted material (we'd be alerted by the copyright holder, usually some movie studio). i once had to call a guy who had downloaded an episode of an old 70s tv show. i basically said to him that technically he'd have to promise never to do it again (but that i didn't give a shit myself)...and that this phone call was the full extent of the repercussions for his downloading (and for the vast vast majority of isps, said phone call/letter is the last word on the subject -- they are rarely, if ever, followed up on). his defense made sense: he couldn't buy that particular episode if he'd wanted to. this particular show isn't (or wasn't at the time) available in any purchasable format. so whoever the copyright holder was basically just wasted a bunch of money trying to chase down someone whom they wouldn't have gotten any money out of anyway.

Lawrence the Looter, Wednesday, 14 May 2008 00:23 (seventeen years ago)

If the idiot distributors would see just how enormous a source of revenue this would be, none of this would even be an issue for most people. The technology's there, the content is there, the demand is there, but they won't make it available, or they're selling it on itunes for a ludicrously inflated price! Of course people are nicking it.

Autumn Almanac, Wednesday, 14 May 2008 03:09 (seventeen years ago)

Ah but making HD content available on line is a bad idea - at least right now - because the infrastructure most people are using just isnt up to the task.

Trayce, Wednesday, 14 May 2008 03:15 (seventeen years ago)

for the vast vast majority of isps, said phone call/letter is the last word on the subject -- they are rarely, if ever, followed up on

correct, and for an obvious reason, once ya think about it -- isps don't sell content, they sell bandwidth. They have no dog in the copyright fight (not by themselves, though big fuck-off corporations like Comcast may be promised to many masters), but they want to look like they're *trying* to comply with the law. And file-sharers, while occasionally leeching bandwidth from other users (which is what abbie's link is really about, not copyright) are also their best customers. They pay more for bigger connections, they host websites, and yadda and yadda. No business wants to be in the business of limiting the business they get from their highest-paying, most dependent customers.

kenan, Wednesday, 14 May 2008 03:39 (seventeen years ago)

Well they;re not just paying lip service to the law - they are doing their legal bit and not allowing lawbreakers to be a known entity on their network. Keep it up and you wont get the feds on yr doorstep but you may likely get an ISP saying "hi u no longer got DSL with us go away lol".

Trayce, Wednesday, 14 May 2008 03:46 (seventeen years ago)

it's all so scary

Surmounter, Wednesday, 14 May 2008 03:46 (seventeen years ago)

::shudder::

Surmounter, Wednesday, 14 May 2008 03:47 (seventeen years ago)

Maybe the trick is to live somewhere with more than one choice for broadband internet? Then "hi u no longer got DSL with us" translates to "Ok, buddy, I guess I have it with your competitor now. How ya like them apples?"

kenan, Wednesday, 14 May 2008 03:58 (seventeen years ago)

and where would that be? (serious question, in the continental US)

sleeve, Wednesday, 14 May 2008 04:40 (seventeen years ago)

For real!

Abbott, Wednesday, 14 May 2008 04:40 (seventeen years ago)

Only DSL avail @ my pad but AT&T so far has been a bit less asinine.

libcrypt, Wednesday, 14 May 2008 05:21 (seventeen years ago)

From the comments on that Comcast article:

#5 I can't imagine capping @ 250 gigs per month- if you are an online gamer or watch youtube with any regularity you are screwed-

! That sounds like a lot of youtube to me, but I've never monitored how much traffic it actually uses. But good luck finding a monthly cap more than 10GB for a reasonable price here in the UK. My ISP is trying to force me onto its new 3GB-cap accounts. If their 8meg lines actually ran at the advertised speed (by all accounts at peak time they're no faster than dialup; I'm on a legacy 512 account still and have been hanging onto it to avoid caps and even harsher traffic-shaping) you could use your month's allowance in well under an hour.

Sometimes reading the internet is like a constant series of reminders that the UK is a fucking dismal place where everything costs at least twice as much as anywhere else despite being crammed full of ridiculous restrictions and inadequacies that nowhere else has to put up with. But at least we don't tip, right?

a passing spacecadet, Wednesday, 14 May 2008 08:14 (seventeen years ago)

and where would that be? (serious question, in the continental US)

My apartment, for one. I've switched from Comcast to RCN since I moved in here, because Comcast was jerking me around over billing and service both. I was kind of like, hey, I know you're Comcast adn you have a big swinging Comcastic dick, but I have another option here! Oh, that felt good.

kenan, Wednesday, 14 May 2008 08:20 (seventeen years ago)

But at least we have a billion crap DSL providers to chose from!

x-post

Alba, Wednesday, 14 May 2008 08:22 (seventeen years ago)

Bethere.co.uk, have an uncapped, unshaped account. it's lovely.

Ed, Wednesday, 14 May 2008 08:26 (seventeen years ago)

#5 I can't imagine capping @ 250 gigs per month- if you are an online gamer or watch youtube with any regularity you are screwed-
Yeah this is mental - I download like a motherfucker and I only go through 50-60GB a month. I'm with Plusnet so I have a 20GB peaktime cap, but that doesn't apply outside of 4pm-midnight.

Colonel Poo, Wednesday, 14 May 2008 08:27 (seventeen years ago)

(((Incidentally, RCN: recommended. Better channels, for one thing -- Turner Classic Movies should *always* be standard, IMO. Even though I eventually cancelled TV because I never turned the thing on, then added a few extra bucks to my broadband bill for a dedicated IP on top of my stupid-fast internet connection, slapped some server software into an old machine, and... well, hell, you can see why I never watch TV.

Off course all of this is annoying and off topic if you can't get RCN. But if you can, do! They're nice and they should have more money so they can be more places.)))

kenan, Wednesday, 14 May 2008 08:29 (seventeen years ago)

RCN is kinda like this:

http://i72.photobucket.com/albums/i191/fluxion23/2489223471_dba7932dac_o.jpg

Chiiiill.

kenan, Wednesday, 14 May 2008 08:36 (seventeen years ago)

(Sorry, I've been looking for an excuse to post that. Julia, being sarcastic after I sent it to her: "Funny how you were lighting a cigarette exactly when that picture was taken." Indeed.)

kenan, Wednesday, 14 May 2008 08:50 (seventeen years ago)

five years pass...

http://digbysblog.blogspot.com/2014/02/americans-we-love-paying-more-for-less.html

curmudgeon, Wednesday, 19 February 2014 17:04 (twelve years ago)

one month passes...

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