E-mail received: Notice of Action under the Digital Millennium Copyright Act

[Ken Walker]

I think my daughter illegally downloaded ONE SONG today without knowing what she did. I received this e-mail from Comcast:



Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA0000019824318
Report Date/Time: Fri, 10 Dec 2010 11:39:36 -0600


Kenneth Walker
(address listed here)

Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over Comcast's High-Speed Internet service (the 'Service'). The copyright owner has identified the Internet Protocol ('IP') address associated with your Service account at the time as the source of the infringing works. The works identified by the copyright owner in its notification are listed below. Comcast reminds you that use of the Service (or any part of the Service) in any manner that constitutes an infringement of any copyrighted work is a violation of Comcast's Acceptable Use Policy and may result in the suspension or termination of your Service account.

If you have any questions regarding this notice, you may direct them to Comcast in writing by sending a letter or e-mail to:

Comcast Customer Security Assurance
Comcast Cable Communications, LLC
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054 U.S.A.
Phone: (888) 565-4329
Fax: (856) 324-2940

For more information regarding Comcast's copyright infringement policy, procedures, and contact information, please read our Acceptable Use Policy by clicking on the Terms of Service link at http://www.comcast.net.

Sincerely,
Comcast Customer Security Assurance

Copyright work(s) identified in the notification of claimed infringement:

Infringing Work : Take You There
Filename : Sean Kingston - Take You There.mp3=20
Filename : Sean Kingston - Take You There.mp3=20
First found (UTC): 2010-12-10T10:00:22.15Z
Last found (UTC): 2010-12-10T10:00:22.15Z
Filesize : 4740809 bytes=20
IP Address: 68.45.233.132
IP Port: 6777
Network: Gnutella
Protocol: Gnutella =20


For one file??? Come on son...who the hell is Sean Kingston?

[booob]

OMG she just ruined that guys career! How is he meant to feed his family!



Oh, right.

Just Ignore it. Don't reply.

But educate your daughter on how to download legally and maybe put some parental settings on the web if that doesn't work?

[elambo]

Are you certain that that very file was actually downloaded to your computer? I received multiple complaints similar to this one about a Harry Potter book which no one had ever downloaded. We never figured out how our IP was associated with that download but it was erroneous. Someone somehow using our IP...???

The complaint says that Gnutella was the protocol used to transfer the file - are you sure this was an accident?

Either way, Comcast now has their eye on you and will drop your account if they feel that you're a repeat offender, whether it's intentional or not.

[iluvatar]

The complaint doesn't mean that you downloaded it; it means that you're offering it up to others for download.

-Dan.

[kafka]

Originally Posted by Ken Walker

For one file??? Come on son...who the hell is Sean Kingston?

Who the hell is Sean Kingston? I'll give you odds he's the guy who sent you that email, that's who! ;-)

I think I just figured out my next Internet advertising campaign. Stay tuned for details ...

[#1Bieberfan]

Its people like your daughter that are ruining the music industry. I hope she will be prosecuted to the full extent of the law.fuuck

[work2do]

Originally Posted by Ken Walker

For one file??? Come on son...who the hell is Sean Kingston?

Your daughter obviously likes him as an artist. Just because he's not as big an artist as Usher doesn't mean he should get his copyrighted material stolen. I'm quite sure that's not the only song your daughter has ever downloaded. Her IP will be watched from now on.

I did a song on Sean's first album and feed my family with my copyrights, as well as mixing, so I have no sympathy for anyone who steals music.

Network: Gnutella
Protocol: Gnutella

This was only file she got called on so far. She is on a peer to peer file sharing network that's being watched.

[Ken Walker]

I just checked both of my kid's laptops and neither have Gnutella. Hmm. I then checked the other three computers I have. Not one has Gnutella. I just checked my network settings for the house. It is UNSECURED! WTF? Don't know how it happened. I am in a neighborhood surrounded by teenagers. Perhaps someone was linked into my network.

[Ken Walker]

Originally Posted by work2do

Your daughter obviously likes him as an artist. Just because he's not as big an artist as Usher doesn't mean he should get his copyrighted material stolen. I'm quite sure that's not the only song your daughter has ever downloaded. Her IP will be watched from now on.

I did a song on Sean's first album and feed my family with my copyrights, as well as mixing, so I have no sympathy for anyone who steals music.


This was only file she got called on so far. She is on a peer to peer file sharing network that's being watched.

Read post #9. And don't get so uppity. Neither of my daughters ever heard of him. And I doubt that he will be as big as Usher.

BTW, I do not condone stealing music. Anyone who has read my anti-piracy replies in thread knows this.

[kafka]

Originally Posted by Ken Walker

I just checked my network settings for the house. It is UNSECURED! WTF? Don't know how it happened. I am in a neighborhood surrounded by teenagers. Perhaps someone was linked into my network.

Probably. Happens all the time. People will connect to any network that comes up. Put a password on your wireless router, and make sure it doesn't allow any incoming connections. And take Admin rights away from your kids so they can't install any software.

[Oh-no's]

You're just a simple thief trying to blame it on your kid. How low can you go? Just wait until Gene Simmons finds out about this.

[Neenja]

Originally Posted by Ken Walker

I just checked both of my kid's laptops and neither have Gnutella. Hmm. I then checked the other three computers I have. Not one has Gnutella. I just checked my network settings for the house. It is UNSECURED! WTF? Don't know how it happened. I am in a neighborhood surrounded by teenagers. Perhaps someone was linked into my network.

Leave it unsecured. Open network=no case

[elambo]

Originally Posted by Oh-no's

You're just a simple thief trying to blame it on your kid.

Your proof is?

[elambo]

Originally Posted by Neenja

Leave it unsecured. Open network=no case

You're responsible for what's on your computer, even if your neighbor is accessing it to store his porn.

[Graal]

Originally Posted by elambo

You're responsible for what's on your computer, even if your neighbor is accessing it to store his porn.

You don't get it. With unsecured wireless networks it might not have even been on his computer.
It could have very well been a teenager driving around with a laptop to find an unsecure network so he could download this music without any fear of being in trouble.
It's not like I'm saying that's what happened, I'm just saying that it's a possibility.

Cheers!

[Neenja]

Originally Posted by elambo

You're responsible for what's on your computer, even if your neighbor is accessing it to store his porn.

We are talking about file shared over an open network, not a file on a particular computer.

[elambo]

Originally Posted by Neenja

We are talking about file shared over an open network, not a file on a particular computer.

I understand that -- I was referring to the responsibility of the content of your HD. It's not wise to leave your network open as someone suggested because the blame for this sort of thing still lies upon you.

[elambo]

Originally Posted by Graal

It could have very well been a teenager driving around with a laptop to find an unsecure network so he could download this music without any fear of being in trouble.

Maybe, though open networks are incredibly easy to find without much detective work, or gas money.

[Neenja]

Originally Posted by elambo

I understand that -- I was referring to the responsibility of the content of your HD. It's not wise to leave your network open as someone suggested because the blame for this sort of thing still lies upon you.

So far the RIAA has been dropping complaints on people with open wireless because there is no way to know who uploaded the files.

[elambo]

Originally Posted by Neenja

So far the RIAA has been dropping complaints on people with open wireless because there is no way to know who uploaded the files.

Interesting.

Assuming that the state of your wireless connection can be determined retrospectively, I imagine it's based on the state of your connection at the time of the violation, not its current state. Maybe it's just me but I'd be throwing a password on there ASAP, especially if the odds are good that a crafty neighbor is accessing your network.

[booob]

A pensioner in the UK was threatened like this, they didn't even have a computer. IIRC.

The whole anti-piracy thing is a bad scramble for funds rather than actually tackling the problem. I would not be surprised if you have nothing installed on the PC or that file has been downloaded.

Check her Itunes library, music library....file search on windows, even her ipod....you'd quickly see whether she has it in the first place....

[elambo]

Originally Posted by booob

Check her Itunes library, music library....file search on windows, even her ipod....you'd quickly see whether she has it in the first place....

Or just ask her.

[AfterViewer]

Originally Posted by Ken Walker

Read post #9. And don't get so uppity. Neither of my daughters ever heard of him. And I doubt that he will be as big as Usher.

BTW, I do not condone stealing music. Anyone who has read my anti-piracy replies in thread knows this.

That's right! The Gestapo Internet Police should make sure they have their facts right before jumping to conclusions.

[chrisso]

Originally Posted by booob

The whole anti-piracy thing is a bad scramble for funds rather than actually tackling the problem. I.

Hardly.
I think it's a wake up call to people who regularly use unprotected wireless networks.
Sadly, the same people who are ripping off musicians, also want to rip you off by accessing your wireless network connection. They can also access your personal details being sent across your wireless connection, and regularly download people's personal details, date of birth and address from your facebook page.
I don't have anything wireless in my house.

[mobius.media]

Originally Posted by Ken Walker

I just checked both of my kid's laptops and neither have Gnutella. Hmm. I then checked the other three computers I have. Not one has Gnutella.

I just checked my network settings for the house. It is UNSECURED! WTF? Don't know how it happened. I am in a neighborhood surrounded by teenagers. Perhaps someone was linked into my network.

Call your ISP to walk you through it, and put a strong password on your house's WiFi. It's not hard to do. Everyone should do it.

Honestly, you're lucky it wasn't child porn or something of that nature they were using your connection for instead. You'd get a lot more than a warning letter for that ...

People advising you to leave it open are not very wise.

[Sky_27]

If you have an unsecured network it was def. someone using your wifi. Just secure it and you shouldn't ever have a problem again.

And yeah, just ignore the email. If nothing else is illegally downloaded you will have nothing to worry about from your provider.

[Kingtone]

Originally Posted by Sky_27

If you have an unsecured network it was def. someone using your wifi. Just secure it and you shouldn't ever have a problem again.

And yeah, just ignore the email. If nothing else is illegally downloaded you will have nothing to worry about from your provider.

yup.

[KingDaddyO]

As others have mentioned, you should secure your network with a password - preferably a strong one. And if your router & NICs support it, use WPA2, rather than WPA or WEP. None of the wireless security protocols are perfect, but WPA2 is the most secure out of the currently available choices.

Someone stated earlier that an open connection = no fear (cause the evidence isn't on your system). Well, while that may ultimately be proven true, keep in mind that if some anonymous user's activity is of a sufficient quality of illegal, then this may catch the attention of the powers that be ... and if they elect to trace it then it will most definitely be traced to your IP address. This could result in a late night, early morning visit from your friendly local LE. Now do you really want to have to jump through a ton of very small, high hoops to prove your innocence, just because you're a generous person who likes to share?

Secure your wireless network. It's not all that difficult, and it's a good thing.

[The MPCist]

Originally Posted by Neenja

Leave it unsecured. Open network=no case

+1

They would have to prove that you did it and not some other person who accessed your network. Just note down the date that you 'secured' your network and move on...

[AwwDeOhh]

Originally Posted by The MPCist

+1

They would have to prove that you did it and not some other person who accessed your network. Just note down the date that you 'secured' your network and move on...

NOT true!
As it is YOUR router, YOU are RESPONSIBLE, even if someone else was using it without permission.

IF it WAS Secured, and it can be proven someone else hacked in.. only THEN would you have a defense...

Put the lock on the door...