Help me write a Mea Culpa

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Tim Burton
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Help me write a Mea Culpa

Post by Tim Burton »

Dear Customer,

We are writing on behalf of Cox Communications to advise you that we have
received a notification that you are using your Cox High Speed Internet service
to post or transmit material that infringes the copyrights of a complainant's
members. We have included a copy of the complaint letter. Pursuant to the
provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified
at 17 U.S.C. � 512, upon receiving such notification, Cox is required to "act
expeditiously to remove, or disable access to" the infringing material in order
to avoid liability for any alleged copyright infringement. Accordingly, Cox
will suspend your account and disable your connection to the Internet within 24
hours of your receipt of this email if the offending material is not removed.

Please be aware that the DMCA also provides procedures by which a subscriber
accused of copyright violation can respond to the allegations of infringement
and, under certain circumstances, cause his or her account to be reinstated. To
do so, however, the response must meet certain criteria. Pursuant to section
(g) of the DMCA (17 U.S.C. � 512(g)), you have the right to submit to Cox a
counter-notification which, to be effective, must include the following
elements:

(a) a physical or electronic signature of the subscriber;
(b) identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or disabled;
(c) a statement under penalty of perjury that the subscriber has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
(d) the subscriber�s name, address, and telephone number and a statement that
the subscriber consents to the jurisdiction of the Federal District Court for
the judicial district in which the address is located.

In the event that you submit to Cox a counter-notification that includes these
elements, Cox will forward your counter notification to the complainant and
advise them that Cox will cease disabling access to the allegedly infringing
material in ten (10) business days. Unless the complainant notifies us that it
has filed an action seeking a court order to restrain you from engaging in the
allegedly infringing activity prior to the expiration of those ten (10) business
days, Cox will reactivate your account.

For answers to frequently asked questions, please follow the link below:

http://support.cox.com/sdccommon/asp/co ... 0ae8-d706-
4f6e-beb9-618ea54d1791

Sincerely,

Cox Customer Security

--- The following material was provided to us as evidence ---


[Part 0 (plain text)]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

ORGNAME:Cox Communications
COUNTRY:USA
CONTACT ADDRESS::

Notice ID: 13-1325857
Notice Date: 24 Apr 2006 19:14:20 GMT
Dear Sir or Madam:
All correspondence should be directed to:
http://webreply.baytsp.com/webreply/web ... sh=7828ac1
b0c5ec4c9dc56d3c452e85174.
EMAIL REPLY:: mailto:X?subject=RE%3A%20Notice%20ID%3A%2013%2D1325857%20default

Evidentiary Information:- :1325857
TIMESTAMP:24 Apr 2006 03:01:23 GMT
LASTSEEN/RECENT::24 Apr 2006 05:31:34 GMT
ASSET::Match Point
Protocol: BitTorrent
IPADDRESS::24.56.62.99
DNS::ip24-56-62-99.ph.ph.cox.net
URL::http://tracker.sladinki007.net:6800/announce
File Name: Match Point (2005) DVDRiP KVCD by Hockney(TUS Release)
File Size: 840424617

Username (if available):


- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>
What do you suggest I say to them. I'd like something creative that does the job enough to get my internet connection back.

Man, and to think I was going to get it from a private BT sight, but I just ran out of ratio to do it, since my DL is much more faster than my UL.....


I guess Peer Guardian didn't cut it this time. So here it is. You think it is acceptable?


(a) a physical or electronic signature of the subscriber;

Timothy

(b) identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or disabled;

Because I DLed it before the release date I assumed the TUS stood for Trailer US and therefore was acceptable to DL. Either way it it no longer being uploaded to the net.

(c) a statement under penalty of perjury that the subscriber has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;

See above

(d) the subscriber�s name, address, and telephone number and a statement that
the subscriber consents to the jurisdiction of the Federal District Court for
the judicial district in which the address is located.

I am sure you can provide that for them.<<<<
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KnightRid
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Post by KnightRid »

Well if you can somehow get around this - they will be monitoring your account BIG TIME! Buddy had this happen with Comcast.

I would call them and ask them over the phone how yo ucan proceed.

My old cable company actually accused me of downloading an episode of the show ROME from HBO, but I never did - I didnt even have BT installed..lol...they let it slide since the reporting company only had a 50% probability it was me - people were spoofing my isp's ip addys.

In writing I would just say that you have deleted the file in question, and you will no longer use BT for anything that you are not sure if it is legal or not...you thought it was a trailer for the movie..blah blah blah...thank you, your faithful butt kisser, Timothy.

thats about all I would send in writing

Mike

Oh and STOP doing illegal things :p Well if you are folding - if not, then you can go to jail ;) - just kidding...gotta be careful now a days people, big brother is watching EVERYTHING - and by big brother I mean the RIAA and the MPAA since they of course control the world.
Remember, I am opinionated and nothing I say or do reflects on anyone or anything else but me :finga:
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kenc51
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Post by kenc51 »

Bummer.......

Just send a letter of apology and don't use BT anymore....

They have their radius logs which show that a certain IP was assigned to you line and that IP was used to DL "stuff" ..... they have all the proof they need.

You might get access back from them, but as mentioned they will be monitoring you circuit very closely......:(
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Apoptosis
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Post by Apoptosis »

yeah that sucks 100%.... not sure what to tell you on that one, but clear it up soon!
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infinitevalence
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Post by infinitevalence »

One thing you could do is start using BT for ligitimate uploads and downloads. Most of my BT traffic is Linux distros and such :)
"Don't open that! It's an alien planet! Is there air? You don't know!"
Tim Burton
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Post by Tim Burton »

Ironically enough 95% of my stuff is legit that I use on BT.

http://www.livingtorrents.com
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pointreyes
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Post by pointreyes »

What I find strange is the warning is with revoking your internet connection.

Geez, you practically have to kill someone on the road to get your driver's license revoked but download a movie and wham-revoked.

I just don't get it.

And then you go to the SciFi channel's web site and on their forums people are talking about download through BT one of the shows they missed on the channel.

I really don't get it anymore. I'm starting to wonder if you will get in trouble if you stop touching anything of the RIAA and MPAA. I can see it now:
"Dear xxxxx,
We have noticed that you have not used any of the products protected by the RIAA and MPAA, based on the Entertainment Extortion Act of 2006, we will bill you $3 billion for not providing us with income."
:rolleyes:
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Tim Burton
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Post by Tim Burton »

I got it back. They made me call it in, but the guy was taking every step to make sure that I understood the problem wasn't with what I was downloading, but the fact I have an "unsecure" wireless connection (Yea, right) and how 99% of people don't correctly secure it so due to that bad hackers get in and upload illegal programs.

He then went on to tell me about the 3 strikes and they then reserve the right to (not that they will) terminate my internet connection (as if I can't step over to DSL and I think they know that too). He apologized profusely for the loss of service and made sure to tell me that they would never do this had it not been for the DMCA forcing them too.

I'm glad Cox Cable knows who pays the bills. LOL!
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pointreyes
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Post by pointreyes »

Well, the RIAA is so determined to convince ALL bodies to not download illegal content that they well...oh just read the article - it's a hoot.
http://www.cdfreaks.com/news/13346
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Zelig
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Post by Zelig »

Wow, I didn't know that this actually happened commonly in the States...
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Post by werewolfdaddy »

First off, never admit to wrong doing. If you called in and said you thought it was a trailer, then you just admitted to downloading it. Everything you say to their phone rep will be recorded and possibly entered into their computer records which most ISP's will eventually hand over to the authorities.

If it made it into court, all the judge needs to see or hear is you admitting that you downloaded it for them to win. It probably wouldn't matter that you "claimed" to have deleted it afterwards. the RIAA and MPAA have much much more money than you with lawyers on retainer.

If you recieved this warning, I would say you might get a letter in the near future telling you to pay up or let's go to court. These people are suing mother's who never had broadband and dead grandmothers. It's not a stretch to see them suing a guy who downloaded a full version of a movie by accident.
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InspectahACE
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Post by InspectahACE »

id tell them the pc was stolen by some junkie then recovered with that on there lol :P
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