Jump to content

how to get rid of these emails


Recommended Posts

--- On Sat, 9/27/08, abuse@charter..net <abuse@charter.net> wrote:

From: abuse@charter.net <abuse@charter.net>

Subject: [9.27.2008 3193484] Notice of Copyright Infringement

To: bigmantreble@yahoo.com

Date: Saturday, September 27, 2008, 11:16 AM

Dear Internet Access Subscriber:

Charter Communications ("Charter") has been notified by a copyright

owner that your Internet account has been involved in the exchange of

unauthorized copies of copyrighted material (music, movies, or software). We

are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that

Charter received from the copyright holder.

It is possible that this activity has occurred without your

permission or

knowledge by an unauthorized user, a minor who may not fully understand the

copyright laws, or even as a result of a computer virus. However, as a Charter

Internet account owner, you can be held liable for this activity.

As a personal computer owner and a user of the Internet, we ask that you be

aware of the following: Violations of federal Copyright law can result in civil

and/or criminal liability, including payment of monetary damages, costs and

attorneys' fees to the copyright owner. See 17 U.S.C. §§ 504-506. In

addition, Charter's Acceptable Use Policy explicitly prohibits copyright

infringement by Charter High-Speed Internet users. Specifically, Section 3



Customer will not use, or allow others to use, the Service to send or receive,

or otherwise use any information which infringes the patents, trademarks,

copyrights, trade secrets or

proprietary rights of any other person or entity.

This includes, but is not limited to, digitization of music, movies, photographs

or other copyrighted materials or software. Customer must obtain appropriate

authorization from such other person or entity prior to sending, receiving or

using such materials. Customer represents and warrants that Customer is the

author and copyright owner and/or authorized licensee with respect to any hosted

content and Customer further represents and warrants that no hosted content

violates the trademark, copyright, domain name or intellectual property rights

of any third party. Charter assumes no responsibility, and Customer assumes all

risks regarding the determination of whether material is in the public domain,

or may otherwise be used for such purposes.

Charter is registered under the Digital Millennium Copyright Act of 1998

(DMCA). Under the DMCA, copyright owners have

the right to notify Charter if

they believe that a Charter customer has infringed the copyright owner's

work(s). If Charter receives a notice from a copyright owner alleging any

Customer has committed copyright infringement, Charter will notify the Customer

of the alleged infringement.. Charter may determine that Customer is a repeat

copyright infringer if Charter learns that Customer has engaged in online

copyright infringement on more than one occasion. Charter reserves the right to

suspend or terminate the accounts of repeat copyright infringers.

We ask that you take immediate action to remove the infringing material from

your computer and stop its exchange. If Charter continues to receive DMCA

notices regarding your account, or if you violate any other clause of

Charter's Acceptable Use Policy, we will have no choice but to terminate

your account. You may view Charter's rules and policies



If you need assistance in removing the referenced infringing material, please

refer to the Security Center at http://www.charter.com.

If you have any questions about this matter, please contact us at

1-866-229-7286. Representatives will be available to take your call Monday

through Friday 8am - 8pm, and Saturday and Sunday 8am - 5pm (CST).


Charter High-Speed Internet Security Team


--- The following material was provided to us as evidence ---


Hash: SHA1

Entertainment Software Association

575 7th Street, NW, Suite 300

Washington, DC 20004 USA

Attention: Intellectual Property Enforcement

Telephone: 202-223-2400



21 Sep

2008 20:54:39 GMT

ISP: Charter Communications

ESA Reference Number: 182-56766210

IP Address:

Date of Infringement: 20 Sep 2008 08:45:29 GMT

Dear Charter Communications:

The Entertainment Software Association ("ESA") is a U.S. trade

association that represents the intellectual property interests of numerous

companies that publish interactive games for video game consoles, personal

computers, handheld devices and the Internet (hereinafter collectively referred

to as "ESA members"). ESA is authorized to act on behalf of ESA

members whose copyright and other intellectual property rights it believes to be

infringed as described herein.

ESA is providing this notice pursuant to the Section 512 of Title 17 of the

U.S. Code (as enacted by the 'Online Copyright Infringement Liability

Limitation Act') to make Charter Communications aware that the IP Address

identified below is using

the services and systems of Charter Communications to

infringe the exclusive copyright and other rights of one or more ESA members.

This notice is addressed to you as the agent designated by Charter

Communications to receive notifications of claimed infringement.

Based on the information at its disposal on 20 Sep 2008 08:45:29 GMT, ESA has a

good faith belief that the subscriber using the IP address is

infringing the copyright rights of one or more ESA members by copying and

distributing unauthorized copies of game products (through peer-to-peer or

similar software/services), in violation of applicable copyright laws, through

internet access that Charter Communications provides directly to the or through a downstream provider that purchases this access for The copyrighted works that have been infringed include but are

not limited to:

Title: Splinter


Infringement Source: BitTorrent

Infringement Timestamp: 20 Sep 2008 08:45:29 GMT

Infringement Last Documented: 20 Sep 2008 08:45:29 GMT

Infringer Username:

Infringing Filename: [PC] Tom Clancy's Splinter Cell Double Agent [RIP]


Infringing Filesize: 2115156581

Infringer IP Address:

Infringer DNS Name:

Infringing URL: http://vip.tracker.thepiratebay.org:80/announce

The unauthorized copies of game product are listed and/or identified thereon by

their titles or variations thereof, game-related

listings/references/descriptions, or depictions of game-related artwork. Such

copies, titles, game-related listings/references/descriptions, depictions, and

material that is the subject of infringing activities are hereinafter referred

to as "Infringing Material."

Given this infringing activity by, the ESA urges Charter

Communications to cooperate with its

efforts to protect the intellectual

property rights of its members companies and immediately do the following:

1. Notify the account holder of the Infringing Material.

2. Take steps to stop the infringing activity.

3. Take appropriate action against the account holder under your Abuse


of Service Agreement, including termination of repeat offenders under Section

512(i) of Title 17 of the U.S. Code.

ESA believes that the information in this notification is accurate. Under

penalty of perjury, I hereby affirm that ESA is authorized to act on behalf of

ESA members whose exclusive copyright rights we believe to be infringed as

described herein. Charter Communications or the account holder may contact ESA

at the above-listed contact details, with email preferred. Please include the

above-noted Reference Number in the subject line of all email correspondence.

Thank you for your cooperation

and prompt response in this matter.


Intellectual Property Enforcement

Entertainment Software Association

- ---Start ACNS XML

<?xml version="1.0" encoding="iso-8859-1"?>









<Entity>Entertainment Software Association</Entity>

<Contact>Anti-Piracy Enforcement, Intellectual Property Enforcement


<Address>575 7th Street, NW Suite 300, Washington, D. C. 20004 United

States of America</Address>

<Phone>1(202) 223-2400,1(202) 223-2401</Phone>




<Entity>Charter Communications</Entity>
















<Title>Splinter Cell</Title>

<FileName>[PC] Tom Clancy's Splinter Cell Double Agent

[RIP] [dopeman]</FileName>






- ---End ACNS XML


Version: 8.0





Link to comment
Share on other sites

you have posted many times on this forum

i am just about to read through some of them now to see where you are coming from exactly in your help and advise to peer to peer users

if this user had a filter loaded, the chances are that the association responsible would not have picked up the packet data being sent to and from their ip

also, obfuscation helps to prevent this type of thing but i guess that it is set to true by default in this torrent client , right?

Link to comment
Share on other sites

If you cancel your internet service, I doubt you'd be getting those emails any more.

If those emails were sent to you...and you think they have been sent to the wrong person/s by mistake, call or email your ISP.

Responding to that email directly might not be wise...it may get forwarded back to whoever originally sent it. And even if you're completely innocent, they may still sue you...once they can figure out who you are.

Link to comment
Share on other sites


This topic is now archived and is closed to further replies.

  • Create New...