[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

Ron Frazier (ALE) atllinuxenthinfo at techstarship.com
Thu Jun 7 02:13:24 EDT 2012


Scott,

I don't know anything about your specific question, but you might want to contact a lawyer. Document every communication with Comcast in excruciating detail. Try to talk to actual people in authority, but document everything. I would want to know from them who the complainer is, when the so called infringement happened, and how exactly do they know what your IP was at that time. Make sure your wifi is secured with a beefy WPA password and that no one unauthorized can download, like your neighbors. Maybe even change the password. Make sure your router control panel is protected by a password and that remote administration is off. Make sure UPNP is off. Check all your computers for viruses. Make sure you account for everything, including the tablet when your younger family members are there. Try to get proof the file in question was downloaded on your connection when you had the IP in question. If you're really sure the file wasn't downloaded by your ISP connection, fight it and don't take @#$# from them. If they can't prove the file was downloaded to your connection, they need to drop the matter and clear your record and provide proof that they've done so. You don't want them thinking you've used up one of our three (or however many) strikes. Your constitutional rights should supersede corporate policy. If you start running into trouble, contact the EFF or similar people.

I looked at the letter they sent. Make sure it's a legit letter. The infraction occurred 3 days ago. Try to determine if you or anyone or any computer in your house was on bittorrent at that time. Do you EVER use any software that uses bittorrent? 

Might want to consider using a full time VPN so they can't snoop on what you're doing. I'm only half serious, but I have occasionally thought about doing something like that.

If your house DID somehow download this thing, track down the cause, eliminate it, delete the file, clean all the free space on your hard drives, and beg for forgiveness so they or the copyright holder doesn't take any legal action. Stay on top of it so it doesn't escalate out of control. Good luck. Don't get nasty unless you have to. Work through the stupid inefficient bureaucracy of the corporation and protect your rights. Whether the rules and laws are good or bad, fair or unfair, stupid or logical, they can really hurt you if you get on the wrong side of them.

Sincerely,

Ron


--

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Please excuse my potential brevity.

(To whom it may concern. My email address has changed. Replying to former
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address. Please send all personal correspondence to the new address.)

(PS - If you email me and don't get a quick response, you might want to
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Ron Frazier
770-205-9422 (O) Leave a message.
linuxdude AT techstarship.com


Scott Castaline <skotchman at gmail.com> wrote:


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Just received this , this evening. I'm not sure if it's bogus or real. I
don't download mp3 files and if I get music I prefer it on pressed
media. I definitely have not downloaded any Adele songs. The IP seems to
match but so doesn't my neighbours. Can someone shed some light on this
for me before I call Comcast and get nasty?

- -------- Original Message --------
Subject: Notice of Claim of Copyright Infringement.
Date: Wed, 6 Jun 2012 21:42:42 +0000 (GMT)
From: Comcast Customer Security Assurance <csa-noreply at comcast.net>
To: Comcast Internet Subscriber <hscast at comcast.net>



Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA0000044757770
Report Date/Time: Tue, 05 Jun 2012 13:04:16 -0500


SCOTT CASTALANE
1629 AMHEARST MILL DR
LAWRENCEVILLE, GA 300434755


Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its
authorized agent, reporting an alleged infringement of one or more
copyrighted works made on or over Comcast's High-Speed Internet service
(the 'Service'). The copyright owner has identified the Internet
Protocol ('IP') address associated with your Service account at the time
as the source of the infringing works. The works identified by the
copyright owner in its notification are listed below. Comcast reminds
you that use of the Service (or any part of the Service) in any manner
that constitutes an infringement of any copyrighted work is a violation
of Comcast's Acceptable Use Policy and may result in the suspension or
termination of your Service account.

If you have any questions regarding this notice, you may direct them to
Comcast in writing by sending a letter or e-mail to:

Comcast Customer Security Assurance
Comcast Cable Communications, LLC
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054 U.S.A.
Phone: (888) 565-4329
Fax: (856) 324-2940

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 Customer Security Assurance

Copyright work(s) identified in the notification of claimed infringement:

Infringing Work : SOMEONE LIKE YOU
Filename : Adele - Someone Like You.mp3=20
Filename : Adele - Someone Like You.mp3=20
First found (UTC): 2012-06-04T20:36:58.90Z
Last found (UTC): 2012-06-04T20:37:43.08Z
Filesize : 4487709 bytes=20
IP Address: 98.252.209.55
IP Port: 55794
Network: BitTorrent
Protocol: BitTorrent =20



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