careful downloading

[theoak01]

apparently my service provider cut out internet off today because paramount pictures contacted them that I have material from them on my computer and it was accessible by a p2p network, my pops sorted it out but if I get caught again no more internet for me.

so take care and dont get caught like my stupid ass

 

[nycgirl]

They let you off with a warning. An indirect one, but still a warning. Interesting.

 

[theoak01]

ya makes no sense to me,I just got in from work so Ill know more when my dad gets home to inform me

 

[deltreefitness]

I got a letter in the mail once about using P2P to download some software from some corps on the certain watch list. Not cool.

 

[nycgirl]

I'm not up on the copyright laws of Canada (I think your in Canada) and the legal procedures for those that violate it. This may be a requirement (before issuing a subpoena), I don't know.

I think the Motion Picture Industry is taking a different approach (in lieu of issuing subpoenas and/or cease & desist letters (I love those) like the RIAA). Very subtle. I find it very interesting. I would be surprise if a due diligence "sweep" of your system (and others) has not been docketed on their lawyer's docketing system. I would be careful.

 

[CENTURION44]

apparently my service provider cut out internet off today because paramount pictures contacted them that I have material from them on my computer and it was accessible by a p2p network, my pops sorted it out but if I get caught again no more internet for me.

so take care and dont get caught like my stupid ass

holy shit are you serious....fucking money hungry corporations have nothing better to do than herass potential customers....if i were you id boycott all their products...

 

[theoak01]

I never said I was right by downloading it and not buying,so I understand it,this was more a warning then anything else,and Im taking all my files off the net and keeping them just for me

 

[hamstershaver]

why does your internet provider take you offline? is paramount paying for your service to them?

 

[Razorguns]

Lol.

People worry about big brother -- but guess what. It's big business that's bossing citizens around now and becoming law enforcement.

Too funny.

 

[theoak01]

why does your internet provider take you offline? is paramount paying for your service to them?

paramount called my isp and told them Im doing something which is now illegal and it violates a contract Im sure was signed when we got the service,so they can terminate it if they choose

 

[nycgirl]

Lol.

People worry about big brother -- but guess what. It's big business that's bossing citizens around now and becoming law enforcement.

Too funny.

Corporations have always been protecting their Intellectual Property Rights via the Patent, Copyright and Trademark Laws of this country (and other countries). This isn't a recent thing or an attempt to boss citizens around. They are just going after a mass amount of people, in lieu of another corporation, small business or an individual.

 

[Razorguns]

Corporations have always been protecting their Intellectual Property Rights via the Patent, Copyright and Trademark Laws of this country (and other countries). This isn't a recent thing or an attempt to boss citizens around. They are just going after a mass amount of people, in lieu of another corporation, or small business or an individual.

No one said it wasn't legal. Unfortunately, It is.

But it IS a valid tactic. The "scare" tactic. Corps know 95% of users, who have limited funds, will just get scared and cease.

It's a nice little way to get people to conform w/o the luxury of a judicial court system, merely through the "threat" of charges and lawsuits.

It's legalized corporate blackmail basically. The threat of a lawsuit .. so do what we say. Bypassing the protection of the government, the freedom of innocent before proven guilty, and adequate legal counsel.

In this case, Oak didn't have any choices. His ISP cut him right off. No appeal process nothing.

Welcome to a new legal world.

 

[nycgirl]

No one said it wasn't legal. Unfortunately, It is.
But it IS a valid tactic. The "scare" tactic. Corps know 95% of users, who have limited funds, will just get scared and cease.
It's a nice little way to get people to conform w/o the luxury of a judicial court system, merely through the "threat" of charges and lawsuits.
It's legalized corporate blackmail basically. The threat of a lawsuit .. so do what we say. Bypassing the protection of the government, the freedom of innocent before proven guilty, and adequate legal counsel.
In this case, Oak didn't have any choices. His ISP cut him right off. No appeal process nothing.
Welcome to a new legal world.

His internet provider was not bypassing the legal system. When a member is banned from this site, does the member have a right to appeal? When you sign a TOS Agreement, you have entered into a contract agreeing to abide by the terms of that contract. If you violate those terms, the other party has the right to terminate the agreement (as stated in the agmt) and pursue any other actions that are stated in the agreement. Simple Contract Law. Now, if he downloads again, and they find it on his system (provided he is sharing), he will be able to experience the court system and tell us all about it.

There is nothing new about this.

 

[Razorguns]

His internet provider was not bypassing the legal system. When a member is banned from this site, does the member have a right to appeal? When you sign a TOS Agreement, you have entered into a contract agreeing to abide by the terms of that contract. If you violate those terms, the other party has the right to terminate the agreement (as stated in the agmt) and pursue any other actions that are stated in the agreement. Simple Contract Law. Now, if he downloads again, and they find it on his system (provided he is sharing), he will be able to experience the court system and tell us all about it.

There is nothing new about this.

Where's the "innocent before proven guilty" part?

apples and oranges.

When someone breaks TOS here -- the proof is right there.

These ISP's don't need "permission" from Paramount to operate their business. It's the THREAT OF LEGAL action, that forces them to side with caution, and just cut that account off. Legal arm-wrangling is another way of looking at it.

It plays other places too. Like companies that buy shitloads of patents, than send "Pay us or see you in court" letters to every small to medium website on the planet.

And the result is -- thousands of websites that offer shopping carst, media streaming, changable banners, or other usual common technologies -- need to pay a "royalty" to these companies, purely because they can't afford a lawsuit.

Even if the lawsuit is bogus. Doesn't matter. They use the threat to strongarm people. A nice little way to bully people who can't afford to fight it.

This is a scary trend, and merely allows those with money, to strongarm those w/o money to heed their wishes.

Those w/o resources, money and legal counsel are at the disadvantage here -- even if they are completely innocent -- and thus have little options.

Corporate bullying is all it is.

 

[Ulcasterdropout]

If you're going to share files in North America, you have to hide your static IP, or block whole ranges of known copyright watchdogs.
Copyright muscle vs P2P is an issue, long lost. You fucked up....
You can't hide in plain sight anymore with copyright muscle's new bots.

 

[Mr. dB]

Lol.

People worry about big brother -- but guess what. It's big business that's bossing citizens around now and becoming law enforcement.

Too funny.

This is the future, if the conservatives get their way and services such as law enforcement are privatized.

 

[Razorguns]

This is the future, if the conservatives get their way and services such as law enforcement are privatized.

Well considering that last ruling on Eminent Domain -- i'm not surprised.

Soon companies will be able to send letters to you telling you to "jump" .. and you'll have to.

They already OWN your lives with that little thing called the "Social Security Number". They can track and paint your entire life's picture with that single number.

Funny, it was merely a system that was to be private to you, and set up only your own good.

 

[nycgirl]

Not apples and oranges at all. Yes, they received a little nudge from Paramount. He used the service provided by the ISP to illegally download copyrighted material. He then left the matieral on a "shared network" for others to grab. Therefore, he violated the copyright laws of his country. Now, I don't know the exact terms of his TOS with his provider, but I have a feeling it states that if he uses the services provided by his ISP provider to brake the law (I'm sure the terms are pretty broad), the service will be terminated. He used the service provided by the ISP provider to violate the copyright laws of his country, thus he violated the TOS of his ISP provider. Hence, the cancellation of service. Again, simple contract law.

A cease and desist letter/warning would not have been sent if the company wasn't sure (at least according to legal counsel) that the person was violating the law and their IP rights. I think their approach is a win-win for both parties. Paramount avoids potential negative publicity (from those that do not understand IP law) and legal fees and he avoided having to hire an attorney. Most of the time, when it comes to violation of IP Law, the person is guilty and knows that they are violating the law.

Corporations send these things to each other all the time. I sent out one recently to a corporation. My company received one recently for violating the trademark rights of another (DAMN Marketing!). Upon review of the situation and the law, we removed the trademark from our site. And, yes individuals do send these to companies, and companies have had to pay for violating the rights of these individuals.

More individuals and small businesses would do it too, if they took the time to learn about and understand the Intellectual Property laws of this country.

 

[Ulcasterdropout]

I think just about all ISP's have a TOS with an intellectual property clause, I think peeps either don't read them, or know they are breaking the law and do it anyway.
People stil think that they can hide behind 4 numbers, those days are over.
The Internet grew up and took big business with it.

You don't have to like NYC's posts (or her FTM), but she's 100% correct. It's not debatable.

 

[Razorguns]

Therefore, he violated the copyright laws of his country.

How do you know that? Cuz PARAMOUNT SAID SO? Are they judge, jury and executioner now?

if he uses the services provided by his ISP provider to brake the law

He didn't *break* the law. He wasn't even charged! It was a letter.

A simple letter.

However the ramifications from the letter are the same as if he was convicted.

Corporations can have the power of god over individuals and get services cut, checks cut, houses demolished, whatever they wish.

You don't find that trend scary?

Hope you don't get a letter where you find it easier to bend over, then "fight" for your innocence.

 

[NJjuice22]

you can download...just dont share the folder your downloading all your shit into...what they do is just query the files that are copyrighted...they dont record who is actually downloading which files and such.

 

[nycgirl]

I'm an Intellectual Property Professional, I've been doing this for years - that is how I know. Paramount likely did a seach via a shared network and found "THEIR" material on his computer. It is illegal in the United States and, I have a feeling, in Canada to put copyrighted material on a shared network for hundreds of others to grab. Therefore he violated the copyright laws of his country and the TOS of his ISP provider. Plain and simple. With regard to the cancellation of service, it is simple CONTRACT LAW (i.e, Offer, Consideration, and Acceptance).

You are thinking in terms of "Criminal Law." When it comes to Contract Law and Intellectual Property Law the rules are different. You keep saying "trend". This isn't new. The technology is new. But the act of sending cease and desist letters to corporations, individuals, etc. And termination of Agreements (via Contract Law) is nothing new.

I would have gone through a site that provides a license (which I don't think has been set up for movies yet) and not put it on a shared network. Thus, this would not happen to me. With regard to receiving a letter about another legal issue, I would fight it. I have years of legal training, my legal fees would be low.

 

[Razorguns]

It is illegal in the United States and, I have a feeling, in Canada to put copyrighted material on a shared network for hundreds of others to grab.

It's not up to Paramount to decide what's illegal and what's not.

That's up to a judge.

Paramount can only present the facts and let the system decide.

They're merely using bullying tactics to bypass the legal system of innocent and guilt, and get what they want from poorer individuals. Bypass the judicial system -- the backbone of this country's laws.

Using your logic -- If I decree that you have harmed my good name and image online -- can i DEMAND $5,000 in penalties?

Have you done something illegal merely because *I SAID SO*?

 

[Fajitas]

you can download...just dont share the folder your downloading all your shit into...what they do is just query the files that are copyrighted...they dont record who is actually downloading which files and such.

Exactly, just move the file out of your shared folder, after you are finished downloading, to one that is not shared. Problem solved....