Got caught downloading movies illegally
 

I got a call today from my ISP. They said that Paramount had sent them an e-mail saying I downloaded a movie illegally and that they wanted my internet service shut off. Has anyone else been in this situation? Is turning off my internet the end of it or should I still be worried they'll come take my computer and any DVD-R in sight.

Posting here was probably a mistake as it eliminates plausible denyability. I'd make sure you don't have any pirated materials on your computers (use secure delete methods). You may be lucky or you might be screwed.

eh, don't worry about it. Paramount did the same shit to me years ago over some random angelina jolie move. I forget the name.

internet got shut off, we called the isp and they were like "tee hee, be careful what you download" and turned it back on, because they don't give a shit, you're a customer of theirs and if some jackass company tells them to turn off service to a customer because they're legally required to comply then fine, but it's not cuz they want to.

just tell them you're sorry and that there must have been a mistake and that you'll be more careful what you click on in the future.

*shrug*

if you get letters directly from paramount, then you could worry.

Always remember, and never forget...
That's basically it. I am so glad I stopped downloading stuff. But some tips:

• http://filehippo.com/img/ex/129__truecrypt.gif TrueCrypt (****) - "TrueCrypt is a software system for establishing and maintaining an on-the-fly-encrypted drive." Makes my private data private. Good when using external drives.
• http://filehippo.com/img/ex/427__peerGuardian2Icon.gif PeerGuardian (*)- "IP blocker for Windows. PeerGuardian 2 integrates support for multiple lists, list editing, automatic updates, and blocking all of IPv4 (TCP, UDP, ICMP, etc), making it the safest and easiest way to protect your privacy on P2P." I don't even file share, but I have it to block my school when they start trying to access my computers in the school network.
• And finally get some sort of hard drive eraser that will perform multiple passes. Once is never enough. Three passes is DOD standard. Seven passes is NSA standard. Eight passes is good. Thirty-five, the Gutmann standard is overkill but for sure.

Once you erase your hard drive I recommend you encrypt it and put all data you want secure safely in there.

UPDATE: I'll be damned, CCleaner supports the Gutmann standard.

It's a good thing that you've had an open wireless network for a long time, thus providing an impossible burden of proof on Paramount. Obviously you can't be held responsible for what some dishonest person using your internet is doing, therefore you're innocent.

I'm sure it will be a simple matter calling up your ISP and explaining that you use an open wireless network and have no idea how often people get on.

Leave it to willravel - always thinking - and always giving great suggestions... I am sure many thanks are in order. :)

this is why i don't bother to d/l anything the price to pay is too great, even if it is as simple as losing internet service for 1-2 days.

good luck and hopefully you don't lose anything.

Wait a second Cynthetiq, is that why you keep asking me to download stuff :eek:

You should've made it expressly clear that you not only know nothing of what they're speaking of as you don't download pirated media - you also aren't in any way authorizing them to release your information to the RIAA/MPAA.

You're never really "caught" until your ISP gives you up - I'd be sure that they didn't just turn your service back on and sell you down the river at the same time.

I used to download religiously and then I came to the conclusion that it just isn't worth the risk of doing it stupidly just to have whichever movies came out last week. There simply isn't any way to do it safely.

Don't download new movies, use private trackers and use Peer Guardian.

yes and no. you're d/l stuff anyways so my request isn't any real bearing.

BUT can you imagine Skogafoss all pissed off because she can't get into play WoW and it's my fault? Not good for wife faction all because I wanted to see "Meet the Spartans" without paying for it.

re: peer guardian, as a previous IT employee for Viacom, the IT dept was well aware of things like peer guardian. Since PG uses a block list, Viacom's knwon IPs are naturally blocked. Viacom doesn't do their own investigations, but contracts other companies who do so and are also aware of block lists. They examine the lists and use unlisted or public IPs. This obviously works for a short period of time until the IP is discovered and the list is updated.

Can someone recommend a decent Hard Drive eraser?

Wife faction? Hilarious.

I'm not allowed to download unless everyone is already in bed or gone because of the WoW latency issue.

I think will has given the best advice here, though be advised that your ISP will most likely chew you out for not securing your network. ;)

I think this defense has been shot down in court. I believe the judge said something along the lines that leaving the network unsecured is negligent making the owner responsible for any and all traffic on the network.

The MPAA and RIAA have tried to shoot it down since early 2007, but not once have they succeeded.

The crime is the breaking of copyright. If you didn't steal, you're not guilty of the theft. It'd be like someone shooting someone in your store and you being found guilty of murder... it doesn't work.

Dban 'nuff said.

http://dban.sourceforge.net/

You know what works really well too...


Renting the movie first. If you don't like it, you don't have to buy it.

I'm sure there is something in the TOS about leaving a network unsecured?

From one ISP in my area
You're responsible for your account.

"...not to permit.."? That's not clear wording. Do you have a link?

Edit: to clarify, what is "b" prefixed with? Is it "you are required" or something?

Not to permit= will not allow, beknownst or unbeknownst, seems pretty clear.

TOS is here http://www.nrtco.net/nrtc_terms_of_service.pdf

Paragraph 5 Section A and D

You can always go into a Warez irc channel and go "How do I get rid of this virus on my computer?"

Within a minute, you'll have a least 10 kids trying to take over your system. Maybe one succeeds.

Oh look, someone has commandeered my computer. Look, they're using it to perform illegal activities. It wasn't me!

It's not clear in legaleese.
Ha, found you a loophole (besides Halx's, which is really good).

You're agreeing to not specifically permit (in other words give permission to) someone regarding the use of your account. It says nothing about someone using your account where your permission never has been given or denied. That's a clear loophole that even a layman could use.

Legal definition of permit
http://legal-dictionary.thefreedictionary.com/permit

Where was that loophole again?

Hal's excuse isn't good either, you're responsible for your account, doesn't matter if you 'say' some kid got into your account, you're responsible.

Then why is the RIAA not going after ISP's with lawsuits?

Indemnity clause at the link I posted Paragraph 8 Section A.

Do you work for the RIAA?

Not that I'm aware of. Just a Canadian who likes to download his shows and movies, no RIAA for me, got to watch out for the fuckin CRIA.

Yes, wife aggro is a terrible thing

Allowing by silence still suggests knowledge. If someone goes on my open wifi, I have no idea.

It doesn't really matter how we interpret silence, it's how a judge would interpret silence.

If someone goes on your wifi, you may not have knowledge, but you were still silent, therefore your silence permitted them to use your wifi.

Because ISPs can afford lawyers and won't just roll over and pay settlements.

This is the (MAF)IAA's business model these days: make money by suing customers.

You know that silence means that you know they're going on but you don't try to stop them, right? You're silent when you should be protesting. That's what it means. It has nothing to do with knowledge of the act. That's a separate issue.

And so you have violated the terms of your agreement with your service provider (at least as outlined in the TOS you cited). It does not necessarily follow that you are legally responsible for the downloading of the copyrighted content.

If you've violated the TOS then you're responsible for the material, it was done on your account, which you are responsible for, doesn't matter if you downloaded the material or not, if it was done on your account, it's your responsibility.

Silence in this situation may mean that, depending on the persons interpretation of silence, you have your way, I'm sure a judge has a different way.

I disagree. It does suggest that the provider may not be responsible, but it does not necessarily establish that the individual who agreed to the terms of service is legally responsible (and accountable to the RIAA or MPAA).

If wifi is the excuse does he have a router with logs showing a separate mac address connecting that isn't him on that day?

ISP can prove their side of things can he?

QED

Not how it works. Innocent until proven guilty.

I was only speaking to the violation of the Terms of Service as evidence of copyright infringement. The civil agreement with your service provider (your TOS) seems separate from the arguments of whether or not he violated copyright law.

I agree with you that the wifi excuse seems weak. It seems like supplementing the argument with router logs would strengthen it.

(I'm no lawyer. that's why I keep saying "seems").

Me either, just throwing out ideas.

Seems if he agreed to the TOS, then he's responsible for the activity on the account, if the violation is copyright infringement, then he would be responsible because downloading copyrighted materials is covered in the TOS. That's my interpretation anyways, we need a lawyer on the forum to help us out here lol.

you're not required by law to put any sort of passkey/WEP/WPA whatever on your router

TOS with an ISP isn't a law, it's a service agreement between you and the ISP to use the internet responsibly.