BSA is targeting p2p again


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I just got an email from my ISP that wen t a little something like this:

Dear Customer,

We are writing on behalf of Cox Communications to advise you that we have received a notification that you are using your Cox High Speed Internet service to post or transmit material that infringes the copyrights of a complainant's members. We have included a copy of the complaint letter.

Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox is required to "act expeditiously to remove, or disable access to" the infringing material in order to avoid liability for any alleged copyright infringement. Accordingly, Cox will suspend your account and disable your connection to the Internet within 24 hours of your receipt of this email if the offending material is not removed.

Please be aware that the DMCA also provides procedures by which a subscriber accused of copyright violation can respond to the allegations of infringement and, under certain circumstances, cause his or her account to be reinstated. To do so, however, the response must meet certain criteria.

Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the right to submit to Cox a counter-notification which, to be effective, must include the following elements:

(a) a physical or electronic signature of the subscriber;

(b) identification of the material that has been removed or to which

access has been disabled and the location at which the material appeared before it was removed or disabled;

© a statement under penalty of perjury that the subscriber has a good

faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(d) the subscribers name, address, and telephone number and a

statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

In the event that you submit to Cox a counter-notification that includes these elements, Cox will forward your counter notification to the complainant and advise them that Cox will cease disabling access to the allegedly infringing material in ten (10) business days. Unless the complainant notifies us that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity prior to the expiration of those ten (10) business days, Cox will reactivate your account.

Sincerely,

The Cox Abuse Team

--- Original Message ---

From: COPYRIGHT <copyright@bsa.org>

To: abuse@cox.com

Date: Wed, 23 Jun 2004 13:30:16 -0400

Subject: Case ID 3387004 - Notice of Claimed Infringement

[Part 0:0 (plain text)]

Wednesday, June 23, 2004

Cox Communications, Inc.

1400 Lake Hearn Drive, NE

Atlanta, GA 30319 US

RE: Unauthorized Distribution of the following copyrighted computer

program(s):

Names of programs that they say they found.

Dear Sir/Madam:

The Business Software Alliance (BSA) has determined that the connection listed below, which appears to be using an Internet account under your control, is using a eDonkey network to offer unlicensed copies of copyrighted computer programs published by the BSA's member companies.

Site Details:

----------------------------------------------

Date Found: 23 Jun 2004 11:37:56 EDT (GMT -0400)

Network: eDonkey

IP Address: 68.110.###.###

IP Port: 4662

Protocol: eDonkey

UserName:

Content being offered:

----------------------------------------------

Here was listed a few files from MS, Adobe, and Autodesk

The above computer program(s) is/are being made available for copying, through downloading, at the above location without authorization from the copyright owner(s).

Based upon BSA's representation of the copyright owners in anti-piracy matters, we have a good faith belief that none of the materials or activities listed above have been authorized by the rightholders, their agents, or the law. BSA represents that the information in this notification is accurate and states, under penalty of perjury, that it is authorized to act in this matter on behalf of the copyright owners listed above.

We are giving notice of these activities pursuant to Section 512 of Title

17 of the U.S. Code (as enacted by the 'Online Copyright Infringement Liability Limitation Act'). We expect that you will take expeditious action to remove or disable access to the materials described above, and thereby prevent the illegal reproduction and distribution of pirated software via your company's network. As you know, illegal on-line activities can result in 50 million people on the Internet accessing and downloading a copyrighted product worldwide without authorization - a highly damaging activity for the copyright holder.

We appreciate your cooperation in this matter. Please advise us regarding what actions you take.

Please include the following CaseID in any response you send: Case ID #######.

Yours sincerely,

John R. Wolfe

Manager of Investigations

Business Software Alliance

1150 18th St NW Suite 700

Washington, DC 20036

URL: http://www.bsa.org

E-mail: copyright@bsa.org

Wow, that caught me by surprise, but I guess it shouldn't. Anyways, the content has been removed, but I though I oght to let everyone else know. You know, I wonder, are they basing their assesment of what I have based of of a verified hash, or are they basing it off of file name. If it is the filename, what is to say that the files were not bogus? I know it is just a scare tactic, but I still don't like there being any dirt on me. I may want to be presidant o;) day ;)

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:huh: Just how do they know what you are downloading ? Sounds like an invasion of privacy.

on the ed2k network, you are forced to share partial files...so anyone can download parts from you while you're downloading.

it's not so much telling what you're downloading as what it is that you're sharing and uploading ;)

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All I can say is that they listed the filename and size of te file, so they must have been using the hash or something like that.

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Ouch. I got one of those a while back, and it scared the **** out of me.

what is to say that the files were not bogus?

That's why you can send them a counter-notification. :)

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