View Full Version : File Sharers Be Warned
NumptyNuts
12-15-08, 08:08 PM
Just been to see a mate, he looked pretty pissed off on asking why he explain his ISP had pulled his connection as he had downloaded some software from a torrent site.
Given the fact we live within an area with one ISP he may never get online again and they are thinking of taking more action against him for other things he has downloaded like music and films.
Personally i think they should do more of this!
Interesting,who is the ISP? and what proof do they have that he has downloaded anything illegally?
smoothballs
12-15-08, 09:06 PM
thought it was a three strikes and they pull the plug rule?
You been warned twice by letter then disconnected.
And there was a thing on watchdog last week where people with unprotected wireless connections were getting hassle with legal action when it was someone in there area hooked up to their connection, but as it shows one ip address the innocent people that didnt download anything got the rap for it...gonna be a bit of a minefield I think to police this
The three strikes and you're out rule died in July this year for illegal music file sharers so you could reasonably assume that it has also died for other types of files as well.
dvtimes
12-15-08, 09:29 PM
Just been to see a mate
are you sure this is a real person or did u just read this on the net that it hapened and u added the friend bit as an add on.
smoothballs
12-15-08, 09:42 PM
dont forget for music and film downloads you got the weight of the industry behind them,big record labels,film studios ect...just wondering if a ISP is gonna listen to some company that produces porn that they never heard of and take the same action?
...or would a porn sponsor want to make a song and dance about it when they would rather be...well discreet? Dont get me wrong just saying, as a illegal file share or porn could of been a signup for someone
dvtimes
12-15-08, 09:51 PM
one thought for him, is that he could simply get a 3g dongle. it may work out cheaper too if he does not use the phone line for anything else.
ok it may not be as fast as broadband but its better than not having a conection.
smoothballs
12-15-08, 09:55 PM
Interesting,who is the ISP? and what proof do they have that he has downloaded anything illegally?
www.dogsbollockswithbellsandwhistlesultrafastbroad bandspeed.com probably! lol
The thing with the watchdog prog, they gave the innocent couple their pc to a expert to search the hard drive and was no way they downloaded what the legal firm was trying to sue them for
He downloaded software and copyright infringement is copyright infringement regardless of whether it is software, porn, music or films and the size of the company that owns the copyright doesn't matter either as they still have to use lawyers to challenge the purported illegal download. Granted the bigger players use a bigger firm of lawyers but I don't see how the ISP can take it upon itself to police the internet without following the legal process.
And I doubt any porn studio would want to be discreet:reading:
dvtimes
12-15-08, 09:58 PM
a thought.
is it still illigall if you watch a film on line?
as in say on youtube?
dont forget for music and film downloads you got the weight of the industry behind them,big record labels,film studios ect...just wondering if a ISP is gonna listen to some company that produces porn that they never heard of and take the same action?
Course they aren't. The movie and record companies have not had a successful prosecution against people downloading anything. No porn company has either to the best of my knowledge.
dvtimes
12-15-08, 09:59 PM
www.dogsbollockswithbellsandwhistlesultrafastbroad bandspeed.com (http://www.dogsbollockswithbellsandwhistlesultrafastbroad bandspeed.com) probably! lol
The thing with the watchdog prog, they gave the innocent couple their pc to a expert to search the hard drive and was no way they downloaded what the legal firm was trying to sue them for
yes
they said the only way is to check the harddrive.
they said that an isp could be cloned or somthing.
smoothballs
12-15-08, 09:59 PM
a thought.
is it still illigall if you watch a film on line?
as in say on youtube?
doubt so much if you WATCHED it more like you UPLOADED it
www.dogsbollockswithbellsandwhistlesultrafastbroad bandspeed.com (http://www.dogsbollockswithbellsandwhistlesultrafastbroad bandspeed.com) probably! lol
The thing with the watchdog prog, they gave the innocent couple their pc to a expert to search the hard drive and was no way they downloaded what the legal firm was trying to sue them for
The process highlighted on watchdog has never been challenged in the courts and as the guy said 'let them take me to court', it would clear the whole situation up if it did go to court.
smoothballs
12-15-08, 10:02 PM
yes
they said the only way is to check the harddrive.
they said that an isp could be cloned or somthing.
on a wireless connection you could several people downloading stuff on your connection, it goes to their hard drive, the innocents get rapped cos the account is in their name
dvtimes
12-15-08, 10:03 PM
doubt so much if you WATCHED it more like you UPLOADED it
also there is so much freewear on the net, unless your clued up surly you could download a prog that you think is ok to but is not.
ie, some bands let you download free 3g tracks, so if a kid downloads one track its fine, yet another its not.
in some ways surly it could backfire in that if people are worried that they end up with huhge bills for downloading somthing, mabe in the end people will not download anything. ie, they no longer go on porn sites in case they download a clip and think they may be in bother.
smoothballs
12-15-08, 10:04 PM
The process highlighted on watchdog has never been challenged in the courts and as the guy said 'let them take me to court', it would clear the whole situation up if it did go to court.
that would be one helluva a lot of court cases! both innocents and guilty! like i say hard to police!
A Priest
12-15-08, 10:06 PM
i may or may not have downloaded something in the past 3 days which may or may not have had a result on my broadband dropping sync from 3500kbps to 800kbps today.
coincidence? maybe.
maybe not. :character0079:
that would be one helluva a lot of court cases! both innocents and guilty! like i say hard to police!
I doubt the guilty ones would go to court as they couldn't hide within the class action scenario.
Some muppet said there hadn't been any successful prosecutions against illegal downloaders when clearly there has been
http://www.beerandbollocks.com/forum/showthread.php?t=14012
The three strikes and you're out rule died in July this year
it did not. just didn't get passed yet. the lobbyists are still pushing it.
it did not. just didn't get passed yet. the lobbyists are still pushing it.
Ok then it's in the fuckin ICU and pretty terminal:P unless all the ISP agree to the action of disconnection after a set protocol is followed and when do you think they will agree to that then?
http://www.theregister.co.uk/2008/07/25/three_strikes_dead_hurrah/
NumptyNuts
12-15-08, 10:30 PM
no hes real, he dowloaded a NDS game file and some music, it was the NDS game file that was to use his words 'a tracker or something' he is well gutted
ISP is Karoo / Kingston
no hes real, he dowloaded a NDS game file and some music, it was the NDS game file that was to use his words 'a tracker or something' he is well gutted
ISP is Karoo / Kingston
Sounds like NDS uploaded the game themselves.
Ok then it's in the fuckin ICU and pretty terminal:P unless all the ISP agree to the action of disconnection after a set protocol is followed and when do you think they will agree to that then?
when exactly have things been turned around and the citizens or people with actual knowledge on a topic make the laws now?
quoting register articles is neat. maybe you should do some more indepth reading on how not only France but also Italy, the UK and Germany keep trying to put regulations similar to 3 strikes out and worse into ever new telecom rules.
like the UK considering active net monitoring (http://www.iptegrity.com/index.php?option=com_content&task=view&id=192&Itemid=1)
Acceptable Use Policy
2 General Conduct
Our Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use Our Network and Services in order to transmit, distribute or store material
2.1 in violation of any applicable law or regulation;
2.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;
2.5 generally, in a manner that may expose Us or any of Our personnel to criminal or civil liability.
8 Violation Of This Acceptable Use Policy
8.3 We may, without notice, suspend or terminate a network connection or connections.
http://www.karoo.co.uk/acceptableuse.asp
no hes real, he dowloaded a NDS game file and some music, it was the NDS game file that was to use his words 'a tracker or something' he is well gutted
ISP is Karoo / Kingston
As I say, to the best of my knowledge no one has been prosecuted for DOWNLOADING anything. Only uploading or 'making available for download'.
All they possibly have is this evidence:
A file claiming to be NDS GAME was downloaded from an IP address he pays for.
They cannot prove the file was in fact the file they say it was without showing it on his hard drive. They cannot prove he downloaded it because a) could have been unsecure wifi b) IP spoofing is very easy to do
Acceptable Use Policy
2 General Conduct
Our Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use Our Network and Services in order to transmit, distribute or store material
2.1 in violation of any applicable law or regulation;
2.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;
2.5 generally, in a manner that may expose Us or any of Our personnel to criminal or civil liability.
8 Violation Of This Acceptable Use Policy
8.3 We may, without notice, suspend or terminate a network connection or connections.
http://www.karoo.co.uk/acceptableuse.asp
bog standard wording. how do you reckon they proved the violation?
bog standard wording. how do you reckon they proved the violation?
I don't know maybe they used DigiProtect and Davenport Lyons.:noway2:
People who download music illegally may be feeling more nervous after an American woman was ordered to pay more than £100,000 in damages for file-sharing.
Jammie Thomas was ordered to pay $220,000 (£108,000) after six record companies sued her.
They said she shared 1,702 songs by downloading them without permission and then offering them online through a Kazaa file-sharing acount.
I don't know maybe they used DigiProtect and Davenport Lyons.:noway2:
in other words, they can prove fuck all. thanks for clearing that up.
in other words, they can prove fuck all. thanks for clearing that up.
As I said I don't know how or where they got the info on this guys download and I am interested to find out. I just can't see how an ISP can disconnect him when they are just the carrier and who made them the internet police.
and I was being sarcy, you on your period or something?
bog standard wording. how do you reckon they proved the violation?
Well, what they would have had to do is seize his PC, examine the HDD and find the file on there.
Otherwise, you see, it could have been anyone on his wifi network or someone could have easily spoofed his IP.
This is why the ambulance chasing cunts at Davenport Lyons are yet to bring a case to court. As far as I know. Can't be proven.
HTH
Damian
I just can't see how an ISP can disconnect him when they are just the carrier and who made them the internet police.
did you read the link i provided?
the EU will make the ISP the net police, that's what the whole telco packages are about really. we will see our every bit of traffic filtered and scanned. all for the greater good of course, fighting terrorism and child protection. he who has nothing to hide and all that.
EU wide some ISPs already broke down and provided more info to solicitors than they would need under the current laws, so it's obvious not all of them are that unhappy about their upcoming powers.
What have Davenport Lyons got to do with this incident?
And I take it from your post you change your HDD pretty often then?
Well, what they would have had to do is seize his PC, examine the HDD and find the file on there.
i have a hunch seizing hardware would have been a give away about an upcoming lock down of the account though. :D
Scotty.T
12-15-08, 11:13 PM
People who download music illegally may be feeling more nervous after an American woman was ordered to pay more than £100,000 in damages for file-sharing.
Jammie Thomas was ordered to pay $220,000 (£108,000) after six record companies sued her.
They said she shared 1,702 songs by downloading them without permission and then offering them online through a Kazaa file-sharing acount.
Of those 1702 songs there were only a handful that were used in the case. It was declared a mis-trial and it is still ongoing I believe.
did you read the link i provided?
the EU will make the ISP the net police, that's what the whole telco packages are about really. we will see our every bit of traffic filtered and scanned. all for the greater good of course, fighting terrorism and child protection. he who has nothing to hide and all that.
EU wide some ISPs already broke down and provided more info to solicitors than they would need under the current laws, so it's obvious not all of them are that unhappy about their upcoming powers.
:)
I wonder how you form an opinion that something is good or bad before you understand what it is?
did you read the link i provided?
the EU will make the ISP the net police, that's what the whole telco packages are about really. we will see our every bit of traffic filtered and scanned. all for the greater good of course, fighting terrorism and child protection. he who has nothing to hide and all that.
EU wide some ISPs already broke down and provided more info to solicitors than they would need under the current laws, so it's obvious not all of them are that unhappy about their upcoming powers.
I am reading that article with interest whilst posting here and from what I have read it seem that the law makers don't have a full understanding of the interwebs.
from what I have read it seem that the law makers don't have a full understanding of the interwebs.
no shit.
if not before that already, this became obvious since the germans sent letters to adult content providers all around the globe slapping their wrists for breaking german laws.
OTOH if there is a great firewall of the EU kinda setup, they have the interwebs they dream of.
Of those 1702 songs there were only a handful that were used in the case. It was declared a mis-trial and it is still ongoing I believe.
That has cleared that up then.What about this one though..
"Wolfe has caught and prosecuted several individuals and companies where employees were involved in illegal downloading. According to the BSA software piracy fact sheet, they have "settled with 1,668 companies for $81,821,895 since Jan. 1, 2000."
http://media.www.westerncourier.com/media/storage/paper650/news/2006/10/02/News/Illegal.Downloading.May.Cost.Jobs-2320050.shtml
My point is people DO get prosecuted for downloading illegally.
no shit.
if not before that already, this became obvious since the germans sent letters to adult content providers all around the globe slapping their wrists for breaking german laws.
OTOH if there is a great firewall of the EU kinda setup, they have the interwebs they dream of.
That is a good article and just goes to show the lack of understanding of the law makers which makes it scary what they are proposing.
Damien don't make snide remarks about understanding something when you had to have something pointed out to you about whether a companys details should or should not be on an email when undertaking an email marketing campaign because you posted the wrong info.
That has cleared that up then.What about this one though..
"Wolfe has caught and prosecuted several individuals and companies where employees were involved in illegal downloading. According to the BSA software piracy fact sheet, they have "settled with 1,668 companies for $81,821,895 since Jan. 1, 2000."
http://media.www.westerncourier.com/media/storage/paper650/news/2006/10/02/News/Illegal.Downloading.May.Cost.Jobs-2320050.shtml
My point is people DO get prosecuted for downloading illegally.
Settlement isn't a court case.
In a settlement, bully boy lawyers send letters saying they will take them to court for 2309812039812390 quid or they can send 50k and settle.
As far as I know, no case has gone to court for downloading. Only for uploading.
But happy to say I am wrong if you have any evidence of an actual trial.
And yes, you won a temporary ignore removal because I was feeling in a good mood.
NumptyNuts
12-16-08, 12:20 AM
Sounds like NDS uploaded the game themselves.
I bet they did - I have seen docs about firms that offer services to litter sharing sites with files
I bet they did - I have seen docs about firms that offer services to litter sharing sites with files
It will become big business unless a clear legal precedent is set.
Looking for something else I came across this and if the ISP looses this case
than it could have far reaching ramifications....
http://www.businessspectator.com.au/bs.nsf/Article/BitTorrent-$pd20081216-MCSQ7?OpenDocument&src=sph
by Tony BoydHollywood's BitTorrent prosecution
The Hollywood movie studios return to the federal court in Sydney tomorrow in a matter that should remove the doubt surrounding the obligations of internet service providers (ISP) to prevent illegal copying of copyright material.
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