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Received email from ISP about ceasing illegal downloading


matrixebiz

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Hello, I received an email from my ISP informing me that they were notified by the ESA that my IP was detected in the process of illegal downloading of God of War from tracker tw.tracker.prq.to:80/announce. What can be done to protect us or mask our IP while downloading?

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I would have thought anything you don't actually buy from a store and have the physical media in your hand would be "pirated" because the original would be copyright protected in some way, Music, PC software, etc..

I'm drawing a blank, what can I download with you P2P program that I know is not copyrighted? Please explain. Thank you

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World of Warcraft updates :)

Actually there is more and more material that is legally distributed through the bittorrent protocol. But it really is up to you to determine what you can and cannot legally download in your country. In general if you don't have the authors permission (usually through a public license) you might be infringing someones copyright.

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Firstly, I would like to point out that despite your ISP's AUP on downloading, it is very likely that you were sold the connection / service on with the "Download Fast" sales pitch, the hook that they use is now a net so you cant really win unless you stand up for yourself by stating to the ISP that they shouldnt "Bite the hand that feeds them" as it is your continued support that keeps them in business.

Depending on what country you live in, here in the UK, the ISP cant harass or intimidate, discontinue the service or anyother threat of removal of service unless you havent paid for it, any "Interfering" on the ISP part is "Breach or contract" and if they do pull the plug, atleast in the UK you can immediately withdraw your payments.

This happend to me with NTL, NTL got really shitty with me and they eventually pulled the plug, I stopped paying them, they continued to charge me, the solicitor who acted on my behalf made them sit up and instead of being taken for £97.67 in charges, I only had to pay £9.72. Which is what I was legally required to pay to settle the account.

ISP's seem to take matters into their own hands whilst forgetting who is actually supporting them and take every opotunity like most big corporations do as well and take you for every penny they can whilst giving you little or nothing in return.

Hiding your IP address, is a myth, you many have many people readily tell you conturary to the fact but fact is you have no way of hiding your IP address, people who profess that they can and do are bullshitters, the most you can do is run a quality firewall that will protect you from passive scans and port probes, dont bother with firewalls like protowall, that no good for you at all as it isnt a true firewall.

Other than that, dont download coprighted materials, Open source software FYI isnt "copyright" its "copyleft", you still have limitations but your free to distribute as you got it, unchanged, no charges etc.

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Always deny everything to your ISP. Don't explain, don't plead, don't go against. Just say you have NO idea what they and the ESA are talking about. And you are not aware of breaking any of the clauses in your contract or any law for that matter. Or even better don't reply at all. If they were really serious about this they'd have sent you a letter, probably even a registered one.

The ESA has to bring real evidence (the evidence they gather for that little letter/mail they send to your ISP is mediocre at best) before either of the BAD things can happen. Confessing might become that evidence...

The bad things are:

ISP canceling contract without refund because you broke it through illegal activity (which I'm sure is covered by one of the clauses in the contract).

Getting sued by ETA or other party for copyright infringement.

Confess outright and your ISP might have enough grounds to cancel your contract. Not that they want to do that because you are a paying customer and bad thing #2 is not likely to happen. But bad thing #2 WOULD be an nuisance for them and they would have to thread VERY carefully between privacy laws and criminal laws in those cases and a misstep could have legal/financial consequences for them.

So in the end why would you needlessly give them that choice/power?

PS ISP might not care about you downloading illegally and might even be supportive of it and sell you a big broadband connection so you can get all the kewl stuff but LEGALLY they can't do that (well not without suicidal tendencies). They will always have clauses making you responsible for any (illegal) activity conducted through the connection.

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A mate had the same problem with his ISP downloading movies and games and put Peergaurdian on and has never heard from them again. I find it works great and never had any troubles and is always worth a try if dont work only lost a bit of time if works worth a million dollars....

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Downloading in the UK isn't illegal. You will not find a case or statute saying otherwise. Therefore all ISP's AUP's are worthless, unless you are actually doing something illegal.

It is, very likely, actionable in Tort and therefore unlawful. However, the damages payments should only be the cost of the film. Furthermore, it would be very easy to contest causation if they argue that it's the uploading that's actionable. Since the test for causation is 'but for' it is simply untrue to prove 'but for' you uploading the corporation wouldn't have suffered a loss, because there could be hundreds of other uploads each contributing a tiny amount of upload. Therefore it wouldn't pass the >=50% threshold. Unless there is severe 'justice' concerns the courts have consistently stood by a strong 'all or nothing' approach and do not apportion liability based on % contribution. I highly doubt the courts would think justice is a major concern for legal-entities, like it is for employees suffering industrial diseases where they've over-ridden traditional causation principles.

Of course the pro copyright Nazi's will send you a letter in the post not explaining they don't have a case.

Also even if I did have to pay damages, I think it would be an example of what Richard Posner has termed a 'Pareto breach'. That is that the benefits of continued unlawful activity are greater than the costs (since you would only have to pay damages for ones you got 'busted' for).

Also if it really scares you, get usenet with SSL.

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