MLapointe Posted July 30, 2003 Share Posted July 30, 2003 This is serious and I think you all should think about this. I just got a letter from the RIAA and they are sueing me but there is a big problem. I currently don't or ever had any P2P software on my system with the exception of around a month in the very early Napster days. I've never had any kind of P2P software for the last year so how could they get this info. Also to boot I've been subscribing to PressPlay for the last 6 months straight. What the hell am I supposed to do. This is my word against theirs and I know I don't have a chance. They can't prove that I did this act and I can't prove that I didn't. Could people be somehow using my IP address and others to download music. In other words they are using other peoples IP addresses to download music. Can this be done or something similiar. There is something very wrong with this system. Link to comment Share on other sites More sharing options...
JoHideo Posted July 30, 2003 Share Posted July 30, 2003 Wow, this is kinda weird...sorry, I don't really have any experience to tell you what to do. Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 I don't have a clue what to do and I'm almost ****ting myself here. I've got lots to lose for something I didn't even do. Don't they have to prove something before they sue me or am I missing something here. Link to comment Share on other sites More sharing options...
macster Posted July 30, 2003 Share Posted July 30, 2003 Who do u live with? Link to comment Share on other sites More sharing options...
Redestium Posted July 30, 2003 Share Posted July 30, 2003 Whoa, that's not right if what you're saying is true. They must have charges against you, specific files, or number of files, etc. Link to comment Share on other sites More sharing options...
SMeK Veteran Posted July 30, 2003 Veteran Share Posted July 30, 2003 eek unlucky dude hope it all works out ok for you Link to comment Share on other sites More sharing options...
HuRR Posted July 30, 2003 Share Posted July 30, 2003 can we see the letter ? Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 Just myself and my cat and dog. Link to comment Share on other sites More sharing options...
RadishTM Veteran Posted July 30, 2003 Veteran Share Posted July 30, 2003 It doesn't matter AFAIK if you've been on Kazaa recently to get caught by the RIAA - it's your willingness to share files that are protected by the RIAA, such as MP3's .... If your a person who share loads of music on Kazaa, you act as a target for the RIAA .... Radish? Link to comment Share on other sites More sharing options...
jonMEGA Posted July 30, 2003 Share Posted July 30, 2003 Wow, sounds pretty serious.... It would be helpful if you could post a copy of the letter (black out your name and address of course). I'm sure that there is alot of people that can help you if they can view the letter they sent you. Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 I don't have a scanner or a digital camera so it may take me a little while to get to a scanner. I will post when I can. Just so you know it just says that the RIAA is sueing me. The letter is from my ISP just so you know. Its not from the RIAA but is indirectly. Link to comment Share on other sites More sharing options...
Dessimat0r Posted July 30, 2003 Share Posted July 30, 2003 Yet another screw-up of the RIAA. Glad I live in the UK ;) Link to comment Share on other sites More sharing options...
AndyD Posted July 30, 2003 Share Posted July 30, 2003 Is the IP all the proof they have or was it a username you used to use? Seems to me they can't prove anything with just an IP unless they have other info to back it up because it might have been dynamic. As for someone else using your connection, I can only think of someone jumping onto a WiFi connection to be able to do something like that. Link to comment Share on other sites More sharing options...
Dav-id Posted July 30, 2003 Share Posted July 30, 2003 Surely your ISP will have records of what you have been doing - perhaps they can help? Does it say in the letter what type of medium - kazaa or IRC etc that they think you have been using? I am not sure if the isp would take note of this but it might help - i belive that each network interface has a MAC address which is as far as i am aware unique to that one device unless changed by some means. if the isp logged that then they might be able to compare it to the one in your machine - having said that you could go away now and buy a new identical card... and replace it. best of luck! Link to comment Share on other sites More sharing options...
cyclingplatypus Posted July 30, 2003 Share Posted July 30, 2003 Are you using a wireless router? If so a neighbor may have hijacked your signal (happened to a friend of mine). Also remember you are innocent until proven guilty. It is up to the RIAA to prove without a shadow of a doubt that you've downloaded music. And the only real way to do that is to scan your computer (tehy would have to do this in a lab or your home. I would also call around and see if someone in your area would be able to do it and provide that to your lawyer). I would talk to a lawyer in your area and explain your situation. Best of luck to you! Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 Radish I know what your saying but I have never installed this software never even used it either. I only downloaded music for a month which was way over two years ago on the original napster. I don't now or before shared or downloaded music. Link to comment Share on other sites More sharing options...
Impulfusion Posted July 30, 2003 Share Posted July 30, 2003 Where do you live? Link to comment Share on other sites More sharing options...
RadishTM Veteran Posted July 30, 2003 Veteran Share Posted July 30, 2003 Radish I know what your saying but I have never installed this software never even used it either. I only downloaded music for a month which was way over two years ago on the original napster. I don't now or before shared or downloaded music. Your ISP must have very strict laws on P2P if they caught you using Napster waaaay back in the day :/ .... Radish? Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 My IP address is by DHCP and they can't track that I used Kazaa or any of those programs because I've never had them installed to begin with. I don't know what info they are basing it on. I would assume my IP address but who knows. I have my cable modem directly hooked up to my ethernet jack and am using a software firewall. I will answer your questions but I can't keep up with you all this quick. Link to comment Share on other sites More sharing options...
MLapointe Posted July 30, 2003 Author Share Posted July 30, 2003 All the letter says is that we are informing you that the RIAA has requested your personal account information from us and so on and so forth. Link to comment Share on other sites More sharing options...
+primortal Subscriber² Posted July 30, 2003 Subscriber² Share Posted July 30, 2003 some IPS use DHCP, maybe someone else who had your IP previously was the culprit and now they you have the IP the RIAA came after you. RIAA needs proof that it was you in court. Hearsay isn't going to work in court if you fight it. If the RIAA wins on just an IP address and no proof they can go after anyone, just like the Salem Witch Hunts long ago...... Link to comment Share on other sites More sharing options...
sdkaneda Posted July 30, 2003 Share Posted July 30, 2003 first of all: scan the letter if you can. even if you don't have a scanner at your house, go to a friend's or go to kinko's. if there have been no p2p apps on your system, make sure nobody installs any on the computer you use. your hard drive can be submitted for analysis and data recovery agents will be able to determine, for the most part, what's been on your drive even if it's been deleted or formatted. if the situation is as you say it is, your hard drive shuold help corroborate your story. http://eff.org/ -- you'll wanna go here with your story and your letter and they'll be best equipped to tell you the best course of action. Link to comment Share on other sites More sharing options...
jb10fan Posted July 30, 2003 Share Posted July 30, 2003 The letter would have to say more than, the RIAA is suing you, there has to be some more important details that your leaving out. You sure no one has a grudge against you that knows your ISP that would like to play a prank on you? Right now RIAA is going after people not downloading but Sharing decent amounts of files, seems odd that you would get something like this. I think before anything you should question its validity. Good luck if its real. If you could type the letter it would be better so we could all judge the validity ourselves. Link to comment Share on other sites More sharing options...
+primortal Subscriber² Posted July 30, 2003 Subscriber² Share Posted July 30, 2003 All the letter says is that we are informing you that the RIAA has requested your personal account information from us and so on and so forth. it sounds like your ISP sent you a letter and not the RIAA..... Link to comment Share on other sites More sharing options...
AndyD Posted July 30, 2003 Share Posted July 30, 2003 I doubt it was the ISP. He would have been called about it already. Most give warnings to stop any suspicious activity or be capped. Well, I know that's what has happened with a couple of friends. Do they give any type of numbers or just say you're going to be sued? What happened to that one guy that was sharing just 8 songs? Is there ruling already? To be safe, I would wipe any evidence that you might have had "borrowed" mp3s on your pc and stress to any lawyers that you are actually paying for a service. Link to comment Share on other sites More sharing options...
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