gfxgfx
 
Please login or register.

Login with username, password and session length
 
gfx gfx
gfx
75434 Posts in 13209 Topics by 2645 Members - Latest Member: Scooly December 12, 2017, 04:03:45 pm
*
gfx*gfx
gfx
WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Piracy Monitoring Firm Asks ISPs to Disconnect Repeat Infringers
gfx
gfxgfx
 

Author Topic: Piracy Monitoring Firm Asks ISPs to Disconnect Repeat Infringers  (Read 277 times)

0 Members and 1 Guest are viewing this topic.

Piracy Monitoring Firm Asks ISPs to Disconnect Repeat Infringers
« on: February 19, 2014, 06:24:00 am »
http://torrentfreak.com/bittorrent-monitoring-outfit-asks-isps-disconnect-persistent-pirates-140218/

nothing too new here, must be a lot of people with static IP addresses as thats one of the ways they identify a repeat offender.

Quote
These notices are traditionally nothing more than a warning, hoping to scare file-sharers into giving up their habit. More frequently, however, they now include a request for a small cash settlement.

Since these settlement requests are concealed in DMCA notices, there is no need to obtain a court order. Under the DMCA ISPs are obliged to forward the notices which means that Rightscorp can contact the alleged pirates without knowing who they are.

While a $20 settlement may sound reasonable, these costs can increase rapidly as Rightscorp sometimes sends out multiple settlement requests for a single torrent. For example, if they catch someone downloading an album with 18 tracks, they send out 18 settlements notices demanding a payment for each infringement.

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Re: Piracy Monitoring Firm Asks ISPs to Disconnect Repeat Infringers
« Reply #1 on: February 19, 2014, 02:06:09 pm »
Having a quick look at this company I can see they are misleading potential users of their services already in the first sentence, they claim as usual that they track downloaders but as we all know on this site because we do our homework its the uploader who has such copyright liability as they create the copy not the downloader as set out in many courtroom judgements, thus we see the now famous false claims in action, a sign that this company is nothing more than one of the many shake-down artist that have a self propelled mission to send out automated and in many cases erroneous notices for payment and send little or nothing to the genuine copyright holder, to send out these notices they need to be the copyright holder or someone acting on his behalf,

This is an important area to dig into as many companies are not under contract with the right holder and simply try to bluster their way to a settlement, only the copyright holder has to power to bring a valid case to court, I don't know many artists who give up their life's work to these types of get rich quick companies.

Quote
You may have a family member who installed peer-to-peer software on a computer that uses your internet service without your knowledge. In rare cases, you may have had a neighbor use your wireless internet connection if there is no password on your wireless router. Most internet service provider contracts state that the contract holder is responsible for actions taken on their internet service.

Here we see another type of scam at work, the false claim, you should notice that on their site they state your ISP might say you are liable, this is simply because the law says you are not, its the job of those making the claim to find the user who allegedly infringed the copyright, its not your job to track that person down for them, if someone did use the wireless at your location without your knowledge then their claim is simply wrong in law and once you have informed them of this if they continue with the claim it is both morally wrong and further a potential criminal offence in that it amounts to extortion and fraud.


Quote
"DigitalRights," founded in 2011 by Christopher Sabec and Robert Steele, has recently changed its name to "Rightscorp."

Small pedigree then guys ?

A lawyer writes about Rightcorp here

https://torrentlawyer.wordpress.com/tag/rightscorp/

His opinion is that to admit any liability simply open you up to further claims that are then piled on top of the older "admission" thus making it "wilful" copyright infringement a far more serious step in the ladder of liability in my view.

We have seen this language before and the last set of folks that made such claims went belly up in a hail of smoke we can all just about remember Media Defender, Prenda Law, ACS Law and other dead-in-the-water shake downs of this nature and a trip to Slycks will demonstrate most of these companies are simply unscrupulous folks trying to extort revenues from the ignorant by imposing fear on them. 

If you get one of these notices the first thing to do is check that the company claiming to have harvested your data is in fact licenced by your national or state data protection folks to do so, most companies either forget to do this or simply try to bluster their way out of it when confronted but they are legally obliged to register the fact that they are gathering data and give the data subject (you) the right of access to such data to confirm the facts or to correct them.

I refer in all cases however to the bible of anti-speculative invoicing as we call this scam

http://beingthreatened.yolasite.com/resources/The-Speculative-Invoicing-Handbook.pdf  The original UK focused version

http://acsbore.files.wordpress.com/2012/12/115443516-the-speculative-invoicing-handbook-second-edition.pdf


An important point here is that by using bit torrent you will in fact be uploading while you download so its quite likely this company simply logs the IP's of those in a bit torrent swarm nothing new or high tech about this not even patent worthy in fact but "patent pending" sounds great to potential investors .. that is until they ask for the patent claim reference number  ;)


For those who want to dig deeper into US based cases look here for many of the useful legal precedents and judgements regarding such allegations.

http://recordingindustryvspeople.blogspot.co.uk/

Dont be put off by the .co.uk moniker that site is run by a working US based lawyer.

WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Piracy Monitoring Firm Asks ISPs to Disconnect Repeat Infringers
 

gfxgfx
gfx
©2005-2017 WinMXWorld.com. All rights reserved.
SMF 2.0.15 | SMF © 2017, Simple Machines
Page created in 0.033 seconds with 21 queries.
Helios Multi © Bloc
gfx
Powered by MySQL Powered by PHP Valid XHTML 1.0! Valid CSS!