E-mail received: Notice of Action under the Digital Millennium Copyright Act
Old 14th December 2010
  #31
Lives for gear
 
Neenja's Avatar
 

Quote:
Originally Posted by AwwDeOhh View Post
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...
Sorry, but you're wrong. We are legally protected from unauthorized use of our wireless networks, secured or not. Hell, if I was presented with such a note, I'd immediately fire off an email saying my network was unsecured no matter what the facts were.
Old 14th December 2010
  #32
Lives for gear
 
antstudio's Avatar
Google can drive by your house, snoop on your network, steal and archive your emails, and analyze them all they want. All admitted by Google and case dropped by FTC. Not even a small fine.

But let's send scary emails to folks downloading Sean Kingston tunes. That's the solution to all our problems.

..ant
Old 14th December 2010
  #33
Quote:
Originally Posted by Neenja View Post
So far the RIAA has been dropping complaints on people with open wireless because there is no way to know who uploaded the files.
Don't you mean DOWNLOADED? Somebody uploading on any P2P has to keep the file continuously available. That's not possible if you're hijacking someone else's wireless network.
Old 14th December 2010
  #34
Quote:
Originally Posted by Neenja View Post
Leave it unsecured. Open network=no case
Typical bad advice from our leading apologist for piracy.
Old 14th December 2010
  #35
Lives for gear
 
cyrano's Avatar
 

Quote:
Originally Posted by Ken Walker View Post
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.
Cause #1: config battery dead on your router. Power drops, power comes back, router is in default config, but working. Nobody notices...

Cause#2: router blocks. Someone does a factory reset. It works and everybody forgets about the pw.

...


Also, ip info from some isp's can not be trusted. It could very well be someone at comcast messed up the info. Most likely cause: human error related to time zones.
Old 16th December 2010
  #36
Old 16th December 2010
  #37
Quote:
Originally Posted by AwwDeOhh View Post
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...
Quote:
Originally Posted by Neenja View Post
Sorry, but you're wrong. We are legally protected from unauthorized use of our wireless networks, secured or not. Hell, if I was presented with such a note, I'd immediately fire off an email saying my network was unsecured no matter what the facts were.
If you have a car and you let an unlicensed or intoxicated person use it you are responsible if they get into an accident.

If you leave your network unsecured - especially if you do it deliberately - you are responsible for the actions of those using the network.

Ignorance is not an excuse in a court of law.

BTW, Ken, your daughter does not need to have Gnutella itself installed to use the Gnutella network. Limewire, Frostwire, Bearshare, ShareaZa, Morpheus, Phex, Gnucleus, eMule and eDonkey are all based on Gnutella. Wikipedia lists 20 different clients that access the Gnutella network.

Gnutella - Wikipedia, the free encyclopedia

My guess is that if you look on her computers you'll probably find one of them.
Old 16th December 2010
  #38
Registered User
 

Quote:
Originally Posted by John Eppstein View Post

My guess is that if you look on her computers you'll probably find one of them.
If it turns out she's been using one (in which case she's probably been uploading as well), what should Ken do? If he receives a pre-litigation settlement letter from the RIAA, what should he do?
Old 16th December 2010
  #39
Quote:
Originally Posted by JP11 View Post
If it turns out she's been using one (in which case she's probably been uploading as well), what should Ken do? If he receives a pre-litigation settlement letter from the RIAA, what should he do?
Well, the first thing to do is make her stop and remove all offending software from her computers.

If it goes as far as a settlement letter he should settle and take it out of her allowance.

If no Gnutella compatible software is found on her computers and a settlement letter arrives he should contact them an explain that he searched her computers and found no such software. He should also take steps to secure his network and tell them so. However, I find it very unlikely that anybody would have hijacked his network to upload for the reasons stated in my earlier post.
Old 16th December 2010
  #40
Gear addict
 

Quote:
Originally Posted by JP11 View Post
If it turns out she's been using one (in which case she's probably been uploading as well), what should Ken do? If he receives a pre-litigation settlement letter from the RIAA, what should he do?
The record labels stopped suing individual downloaders 2 years ago. The letter is likely the last word -- a record label sends Comcast a notice of alleged infringement, and Comcast forwards that notice to the customer. Under the DMCA, ISPs are required to have a procedure in place to terminate repeat infringers in order to qualify for the liability safe harbor.

From Comcast:
This is our official statement about the RIAA stuff! on Twitpic
Old 16th December 2010
  #41
Registered User
 

Quote:
Originally Posted by terryhart View Post
The record labels stopped suing individual downloaders 2 years ago.
I know, my question was just a theoretical one...they're still suing for movies I believe...perhaps she's into that as well....
Old 16th December 2010
  #42
Quote:
Originally Posted by JP11 View Post
I know, my question was just a theoretical one...they're still suing for movies I believe...perhaps she's into that as well....
The RIAA has nothing to do with movies - that's the MPAA, which is a totally different organization.
Old 16th December 2010
  #43
Registered User
 

Quote:
Originally Posted by John Eppstein View Post
The RIAA has nothing to do with movies - that's the MPAA, which is a totally different organization.
Yes, I know.

The idea of the (somewhat) theoretical question is the same...

Would suck to get a letter like that (especially under these foggy circumstances)...
Old 16th December 2010
  #45
That's CNET, the well known piracy apologists and shills for the tech industry.

First, contrary to what the article said, there is no precedent set here. The reason Dunlap did not refile the mass number of cases in that court was to avoid a possible precedent setting decision by a hostile judge.

Second, if Time-Warner Cable refuses to turn over evidence in a court case they can be held in contempt of court and fined heavily for each day they fail to comply. Claiming it's "too much of a burden" has no more legal standing than any other excuse. They may as well say the dog ate their homework.

This entire article is nothing but pro-pirate propaganda.
Old 16th December 2010
  #46
Lives for gear
 
Ol' Betsey's Avatar
Quote:
Originally Posted by Oh-no's View Post
You're just a simple thief trying to blame it on your kid.
Quote:
Originally Posted by elambo View Post
Your proof is?
I reckon he was jokin' lamb.

R.
Old 17th December 2010
  #47
Gear maniac
As I look right now....3 unsecured networks in my area....all with strong signals.

tutt Just askin for trouble
Old 17th December 2010
  #48
Lives for gear
 
Neenja's Avatar
 

Quote:
Originally Posted by audiokaos View Post
As I look right now....3 unsecured networks in my area....all with strong signals.

tutt Just askin for trouble
One man's trouble is another man's plausible deniability.
Old 17th December 2010
  #49
Old 17th December 2010
  #50
Quote:
Originally Posted by Lives For Fuzz View Post
makes you wonder what the judge's internet habits might be...

Judge kills massive P2P porn lawsuit, kneecaps copyright troll
I tend to question whether the porn industry is the one we want spearheading this tactic, especially in the south. There are a lot of conservative/reactionary judges who might be negatively inclined simply because it's porn who might rule differently if it was music or regular film.
Old 17th December 2010
  #51
Lives for gear
 
Ken Walker's Avatar
 

Thread Starter
Problem solved.

Network is now secure again.

I sent a e-mail to all my neighbors explain what had happened. I received a few nasty replies from people calling me various names for accusing someone in the neighborhood. Well, here is what happened next.

I was looking out the window last night and saw a car parked across the street from me. I clearly saw two kids in the front seat with an open laptop (could tell by the glow). I went outside through the back door, ran through the backyard of a few homes, circled around and walked up behind the car. In the car were the two teenage sons (19, 17) of my neighbor two doors down. They also happened to be the sons of the woman who sent me the most nasty e-mail reply. Since they didn't see me, I went back to my house, called the police, and reported a suspicious vehicle parked across from my house. I also told them about the laptop they had, and hinted that they might be trying to override a security code for my alarm system or hack into my network.

The police showed up five minutes later. I can only guess at what happened from here. I saw the policemen walking both kids back to the house. They probably didn't just let them go with any explanation due to one of the kids being a minor. I don't know what they told the police. I did see one of the kids taken away in handcuffs later (the older one).

This morning, an e-mail was waiting for me from the parents of these fine children. Here is the content of that e-mail:

"Walker, your a ****ing asshole. Call the cops on my kid for stealing a few song. You must be hard up or not gettin any pussy from your wife. i'll make sure my dog ****s all over your lawn for now on, aasshole. my kids did nothing wrong." (Yes, she didn't spell check, nor can they seem to type proper English. I guess since the father earns $200,000 a year he'd let his dumbass uneducated wife write the e-mail).

Why was the kid taken away in cuffs? He cussed out, then spat on one of the policeman (I found out later). Oh well, class all around.
Old 17th December 2010
  #52
Quote:
Originally Posted by Ken Walker View Post
Problem solved.

Network is now secure again.

I sent a e-mail to all my neighbors explain what had happened. I received a few nasty replies from people calling me various names for accusing someone in the neighborhood. Well, here is what happened next.

I was looking out the window last night and saw a car parked across the street from me. I clearly saw two kids in the front seat with an open laptop (could tell by the glow). I went outside through the back door, ran through the backyard of a few homes, circled around and walked up behind the car. In the car were the two teenage sons (19, 17) of my neighbor two doors down. They also happened to be the sons of the woman who sent me the most nasty e-mail reply. Since they didn't see me, I went back to my house, called the police, and reported a suspicious vehicle parked across from my house. I also told them about the laptop they had, and hinted that they might be trying to override a security code for my alarm system or hack into my network.

The police showed up five minutes later. I can only guess at what happened from here. I saw the policemen walking both kids back to the house. They probably didn't just let them go with any explanation due to one of the kids being a minor. I don't know what they told the police. I did see one of the kids taken away in handcuffs later (the older one).

This morning, an e-mail was waiting for me from the parents of these fine children. Here is the content of that e-mail:

"Walker, your a ****ing asshole. Call the cops on my kid for stealing a few song. You must be hard up or not gettin any pussy from your wife. i'll make sure my dog ****s all over your lawn for now on, aasshole. my kids did nothing wrong." (Yes, she didn't spell check, nor can they seem to type proper English. I guess since the father earns $200,000 a year he'd let his dumbass uneducated wife write the e-mail).

Why was the kid taken away in cuffs? He cussed out, then spat on one of the policeman (I found out later). Oh well, class all around.
funny.

I grew up in south jersey. the way my father dealt with situations like that was chasing them down in his car and pinning them up against a chain link fence.

20 minutes (maybe 15) from philly, about an hour and a half from NYC and yet, it might as well have been a completely different world.

I got out at 24, but come home about twice every year to visit mom. I'll back there next week, other than the new strip malls replacing the old ones, doesn't look like much has changed.

God bless you Ken.
Old 18th December 2010
  #53
Lives for gear
 

Nice ending to that story Ken. Excellent investigative work.

You might want to consider sending a certified letter to bipolar mom & absentee dad, explaining the local trespassing laws, property and animal rights. Then when these loons continue being stupid with a capital 'S' (don't forget the video!) you can have them impounded, along with Fido.

p.s. - Don't forget to Cc: your local LE, and to also enclose a copy of their warm holiday greeting to you.


Good Times!
Old 18th December 2010
  #54
Registered User
 

That was lucky they did that after you sent your email to their parents...you'd think the nasty upset woman would have mentioned it to them, and they'd get a clue that not only was it no longer a good idea, but that the network had been secured...lucky, too, they couldn't just access from 2 doors down and had to park right in front...all that for Sean Kingston...
Old 18th December 2010
  #55
Ken, you might inform your lovely neighbor that you're considering pressing charges for theft of services and identity theft.

Congrats on cracking the case.
Old 18th December 2010
  #56
Lives for gear
 
Ken Walker's Avatar
 

Thread Starter
Quote:
Originally Posted by John Eppstein View Post
Ken, you might inform your lovely neighbor that you're considering pressing charges for theft of services and identity theft.

Congrats on cracking the case.
Knowing that the older son was placed under arrest for assaulting a police officer warmed my heart. Proving what they did to me in court would be very difficult without a confession, as it is my IP address that was flagged. If I was the defense attorney on the case, I would get my client off. With the IP address attached to me, creating reasonable doubt would be easy.

Of course, those two bozos would probably screw their stories up and get convicted, lol...and deservedly so.
Old 18th December 2010
  #57
Gear Guru
 
chrisso's Avatar
 

1) Nice neighborhood.
2) These are the 'kids' and mad parents a few here would defend to the hilt? Free information for all etc...
Old 18th December 2010
  #58
Lives for gear
 
Neenja's Avatar
 

The guy next door used to get on my network, then his important files started coming up missing. He stopped.
Old 20th December 2010
  #59
Gear Guru
 
joelpatterson's Avatar
 

From my newfound, enlightened perspective, there's a bit of this "mad cop" horse**** going on, wild claims of infringement that are completely the product of feverish fantasy.
Old 20th December 2010
  #60
Gear addict
 
NoizyNinja's Avatar
 

Quote:
Originally Posted by elambo View Post
Maybe, though open networks are incredibly easy to find without much detective work, or gas money.
If you don't broadcast the SSID you can leave your network open.
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