Copyright Infringment Notice from my ISP

[NewGuy1212 0]

Not sure if this is applicable here, but would love to know how to resolve the issue, as I am not pirating movies in the sense of using the files for profit/redistribution, but for personal use on Emby & other media servers.

 

I have been using BitTorrent to download high-quality .MP4 files from various online torrenting sites for the purpose of updating my existing content on Emby (as my DVD burning software can only record as high as 480p quality...yeah, I know.) to a higher 1080p. 

 

Up until today, everything was peachy, until I received an email from Optimum Online stating I had 2 copyright infringement notices on my IP address and my account, one from Paramount Pictures Corporation & the other from a company called Irdeto USA.

 

This is my first time receiving a notice like this, so I don't necessarily know how to act. How do I inform the companies that I have since deleted the files and that no malicious actions were intended and that it was simply for in-home use for my family. 

 

Has anyone else received something like this?

 

Are these warnings or are they pursuing legal action?

 

Do I simply ignore them?

 

I can provide further details if neccesary, including the email and a few screen grabs, I am just looking for advice & getting slowly paranoid.

Edited September 26, 2018 by NewGuy1212

[NewGuy1212 0]

Maybe @@Luke or someone can help. I just need a response to this.

Edited September 26, 2018 by NewGuy1212

[ebr 14913]

Hi.  I moved this topic here because this is not related to Emby in any way.  We do not download content nor do we integrate with any torrenting software.

 

I would suggest you take this question to a more general media forum like Reddit or maybe Bittorrent.

[NewGuy1212 0]

Thank you for your assistance, sir. I do appreciate it. For use of Emby, how do you access content, through DVD burns?

@@ebr

Edited September 26, 2018 by NewGuy1212

[ebr 14913]

You can burn from discs, take the "mobile" versions included on many discs now or record using our LIve TV/DVR features.

[jasonmcroy 315]

Downloading movies from bit torrent sites is illegal, no matter if you you are only using them for private in home viewing. It's still pirating. 

 

Legal ways to get content is to record them from your cable provider to your own DVR setup or Over the Air broadcasts, etc. Otherwise you can purchase movies on Vudu, Google Play Movies, Movies Anywhere, etc. 

[NewGuy1212 0]

^ Thank you, Jason. I do appreciate it. I highly doubt that the notice means anything other than a "hey, we see you. stop it" type warning.

[speechles 1919]

Not that I condone piracy, because it's illegal. But, I can say, those messages are required to be forwarded. They provide proof to the complainant they have. It is up to the complainant to then carry on through to legal action. The ISP isn't bound by these no matter how many strikes you get to ever do... anything. It's just a means for them to allow the complainant to file charges against you in a legal court for piracy and to have basically, proof of service. None of them actually carry through with court or legal action. So just yawn really.

Edited September 26, 2018 by speechles

[mastrmind11 717]

Buuuut, since it's torrent, it's entirely possible that you are also (possibly inadvertently) sharing the movies w/ others on the torrent, which becomes a serious problem for you since you'd be distributing copyrighted content, ie hefty fines.  I can think of at least 2 cases in the past decade where torrent users were "unknowingly" redistributing content, and yes, they did get fined quite heavily.

[speechles 1919]

Open wifi, who you trust on your network, etc.. Its an IP address. This gets assigned to, well, everyone who happens to be on that network honestly, and the dishonest hacker on your network. To the ISP who is an infringer isn't their call. They are an end to a means. Not the means. So to terminate you is merely a threat used because the DMCA says this is how these things are done. The strike system was abolished as unlawful and its terms have since expired. The ISP's continue to use these as a means to provide proof of service so that the complainant listed in the email, in this case Paramount Pictures would need to file lawsuit in court. Use the strikes to show repeated abuse of their copyright and the court could then ascertain damages. Without such proof, and repeated strikes indicating a pattern the courts are unlikely to even put it on calendar. Courts are very busy. They reduce workload by refusing to argue petty or inadequate evidence. So knowing this, those notices are proof that they intend to do something. They are harrassing your ISP about you. Maybe that something is just keep harrass your ISP into doing something that they cannot do. So you might get 271 of these and nothing has ever happened.

[jasonmcroy 315]

^ Thank you, Jason. I do appreciate it. I highly doubt that the notice means anything other than a "hey, we see you. stop it" type warning.

 

Probably. I tried downloading movies once about 8 years ago and didn't know what I was doing at all. By that I mean, I didn't know how to "hide" my activities. I received a notice from my ISP as well which was a forwarded complaint from a movie production company. 

 

My ISP asked me to delete the files and I was "required" to go to a particular website that was an information/education website regarding piracy and I had to acknowledge that I had done so. 

 

Since my personal technical skill isn't up to hiding my activities effectively I haven't partaken in such activities since then. I could probably today figure out how to do it, but it isn't worth it to me. I get plenty of content via TV recordings, Netflix and Amazon Prime and my own movie collection so I'm good. I own all of my content one way or another.

[tdiguy 96]

Those torrents are likely the cause of your headaches. Even if you are downloading it for personal use it is presumed illegal even if you already have your own personal copy. I would not want to go about trying to prove my innocence on such an issue in court either. I would ensure you are not seeding those and if this is the first time they have found out blame it on an open wifi connection and say you will work to secure things. It is best though to discontinue torrent downloads and get ripping in order.

[BAlGaInTl 279]

Not sure if this is applicable here, but would love to know how to resolve the issue, as I am not pirating movies in the sense of using the files for profit/redistribution, but for personal use on Emby & other media servers.

 

I have been using BitTorrent to download high-quality .MP4 files from various online torrenting sites for the purpose of updating my existing content on Emby (as my DVD burning software can only record as high as 480p quality...yeah, I know.) to a higher 1080p. 

 

 

I'll echo what others have said.

 

You don't seem to think you are pirating, but really you are.  If your collection is DVD, then the reason you can only rip/record at 480p is because that's the resolution of a DVD.  You didn't pay for the higher quality of 1080p.

[Carlo 4330]

Not that I'm condoning the pirating of movies/shows but do it smarter.

Get yourself a VPN solution which will cost a couple of bucks a month.

 

Setup a Virtual Machine and install the VPN client on that VM machine and then install your torrent client there as well.  Fire up the VPN and now anything you do on that VM will not show up as YOUR IP.

 

Don't want your ISP to have proof of your surfing porn sites? Do it in the VPN VM machine.

Don't want your ISP to have proof of your doing anything, you got it, use the VM with the VPN.

 

You can install the VPN software on your main computer or even many home routers but that runs everything through the VPN which isn't needed and just slows you down. But is an option.

 

Keep in mind when using a Torrent you are both SERVER and a CLIENT.  So technically you are distributing copyrighted material not owned by you and could get prosecuted.

 

There is so much good content you can legally record and save by having a couple of tuners that it's just not worth putting yourself in jeopardy like this.

[speechles 1919]

Not that I'm condoning the pirating of movies/shows but do it smarter.

Get yourself a VPN solution which will cost a couple of bucks a month.

 

Setup a Virtual Machine and install the VPN client on that VM machine and then install your torrent client there as well.  Fire up the VPN and now anything you do on that VM will not show up as YOUR IP.

 

Don't want your ISP to have proof of your surfing porn sites? Do it in the VPN VM machine.

Don't want your ISP to have proof of your doing anything, you got it, use the VM with the VPN.

 

You can install the VPN software on your main computer or even many home routers but that runs everything through the VPN which isn't needed and just slows you down. But is an option.

 

Keep in mind when using a Torrent you are both SERVER and a CLIENT.  So technically you are distributing copyrighted material not owned by you and could get prosecuted.

 

There is so much good content you can legally record and save by having a couple of tuners that it's just not worth putting yourself in jeopardy like this.

 

not to mention, some of the encodings these groups provide on torrents you could do better yourself as cayars said. They rely on being fastest, not the best quality/appearance/settings so you take what you get. When you have your own tuner and capture these, you control what you are getting. You don't need multiple sources to replace bad things. You also give yourself a way to stop getting annoying emails from your ISP about your choices when torrenting. Converely, you can do as @@cayars said and protect your identity on the internet and by anonymous. It is all up to you. We can give you options, legal ones. Can't help you set torrent settings to do this or even if these exist, even if I know they do or do not. It is up to you how you proceed at the end of the day. Nothing in this world is free. You pay for everything. Sometimes crime pays for a short time and then it doesn't. Stay safe. Stay smart. Thats all you can do.

[adrianwi 238]

There is so much good content you can legally record and save by having a couple of tuners that it's just not worth putting yourself in jeopardy like this.

 

Is recording an OTA broadcast on a DVR not a breach of copyright? 

[jasonmcroy 315]

Is recording an OTA broadcast on a DVR not a breach of copyright? 

 

No it isn't. This is per an early law from the 80's when VCRs came out and were used for recording OTA broadcasts.

[darkassassin07 423]

In canada you can pretty much ignore those notices.

 

The person serving that notice to your isp has reason to believe X ip address at X time has infringed on their copyright. The ISP legally cant give them your personal info to take things further, all they can do is pass on the notice to you.

 

 

For a copyright authority to actually sue you for copyright infringement they must prove that you were actually responsible for it and it wasnt a foreign entity utilizing your internet connection. (like malicious software or someone hijacking your connection)

 

 

A pretty rare occurrence.

[Carlo 4330]

No it isn't. This is per an early law from the 80's when VCRs came out and were used for recording OTA broadcasts.

Exactly.  You can record broadcasts for your own personal use.

"Personal" is the key.  You can't upload it to torrent sites.

You can't use it in public sites that would otherwise require a commercial use license, etc.

 

Use of these files/recordings for your family is not going to be an issue.  Streaming these is also legal if it's for YOUR PERSONAL use.

You start selling access to your server or selling thumb drives with recordings on them and well you're back in bad territory again.

 

So having a few tuners is an ideal method to gather a lot of content at no cost other then the hardware and can keep you busy for a lifetime watching it.  Once you get a certain level of content you don't even care about watching the latest/greatest movie out in theaters since you still have plenty of other great content to watch and you know it just a matter of time before it's on TV anyway and you can record it then.

[Guest asrequested]

A few years ago, *ehem* a guy I knew, got a communique from a third party, informing him of copyright infringement for some music they had downloaded. And he had to make restitution. There were three songs that he had been caught acquiring. The third party informed him that he needed to pay $20 per song. Upon paying, the matter was settled.

 

VPNs are very good

[tdiguy 96]

In canada you can pretty much ignore those notices.

 

The person serving that notice to your isp has reason to believe X ip address at X time has infringed on their copyright. The ISP legally cant give them your personal info to take things further, all they can do is pass on the notice to you.

 

 

For a copyright authority to actually sue you for copyright infringement they must prove that you were actually responsible for it and it wasnt a foreign entity utilizing your internet connection. (like malicious software or someone hijacking your connection)

 

 

A pretty rare occurrence.

Completely different story in the USA. The ISP's often coperate and give said information and multiple cases have gone to court with people paying pretty hefty sums https://www.rollingstone.com/music/music-news/minnesota-woman-ordered-to-pay-222000-in-music-piracy-case-236366/

[adamstewiegreen 147]

Not that I'm condoning the pirating of movies/shows but do it smarter.

Get yourself a VPN solution which will cost a couple of bucks a month.

 

Setup a Virtual Machine and install the VPN client on that VM machine and then install your torrent client there as well.  Fire up the VPN and now anything you do on that VM will not show up as YOUR IP.

 

Don't want your ISP to have proof of your surfing porn sites? Do it in the VPN VM machine.

Don't want your ISP to have proof of your doing anything, you got it, use the VM with the VPN.

 

You can install the VPN software on your main computer or even many home routers but that runs everything through the VPN which isn't needed and just slows you down. But is an option.

 

Keep in mind when using a Torrent you are both SERVER and a CLIENT.  So technically you are distributing copyrighted material not owned by you and could get prosecuted.

 

There is so much good content you can legally record and save by having a couple of tuners that it's just not worth putting yourself in jeopardy like this.

Yes to VPN!

 

Call me paranoid, but with China's influence expanding I'm more concerned about the government snooping.

 

Some think, "there's nothing to hide if you're not doing anything illegal", but look at how China monitors and assesses individuals based (albeit partly) on their internet browsing behavior.  It's super creepy and intrusive and I can honestly see the west follow in the next 50 years (at which time I'll be very old/dead/immortal).

[darkassassin07 423]

Completely different story in the USA. The ISP's often coperate and give said information and multiple cases have gone to court with people paying pretty hefty sums https://www.rollingstone.com/music/music-news/minnesota-woman-ordered-to-pay-222000-in-music-piracy-case-236366/

Damn. Add that to the ever growing list of reasons you couldn't pay me to live in the US.

[Oracle 74]

I don't support the illegal downloading of media off the "world wide web" (wow, 90s much?), but if you're going to do it, do it anonymously. Configure a Virtual Machine and get yourself a VPN and there you go.

[speechles 1919]

Damn. Add that to the ever growing list of reasons you couldn't pay me to live in the US.

 

.. and then there are those people who get hundreds of these, and the complainant did nothing. This person also mailed the ISP a counter notice for copyright infringement. This gives the ISP no legal right to disconnect your service and if the complainant wants to file charges within 10 days after your receipt they must do so. They never do.

 

This same person was constantly harrassed by nintendo for.. well.. on usenet in early 2002 when gameboy advance games came around. 202 DMCA takedowns in a row, at once. A deluge.

 

http://ereader.kiczek.com

 

Some of that history can still be found here. I can say, yes, this is also where i've hosted blue neon, so maybe smart people can put two and two together. I am speaking of experience.

 

For things like this, when piracy is totally educational, and a repository to catalog these things on cards that no longer may exist. I am all into digital preservation. But to pirate and profit to me is wrong. I can see a need to archive many things, and share them for educational or just nostalgic use. Manuals, Cards used in games, Pamphlets, old 5 1/4 floppy discs. Things prone to bit rot and you just lose them forever gone to time. But to use them to run a business or somehow charges others for the rights to access them is wrong.

 

I wont say If I was or wasn't in a scene release group. A different life in a different time. Today that isn't who I am. I am a digital archivist.

 

Look at the internet archive. Lately things there are offered that you think would be illegal. But in the interest of digital preservation things must be protected, but at the same time, the copyright holder cannot destroy this and remove it from our lives. At least that is how I feel.

 

Others may feel piracy is piracy and any usage of it, whether to better society or not, is wrong. There are roms, isos, videos, music, so much digital treasure. These will all be lost behind closed doors and never heard from again if the copyright holders had their way. Be grateful you can do the things you can within legal grey areas. Be glad, someone, whoever they are, catalogs and keeps this stuff to eventually share another day. We are all in this world the same. To be denied things because your geography makes it unavailable to you, or over powering censoring does, or government interference in any from does, or even ridiculous long ass copyright times keep you from sharing these for 75 long long years. These things must change, or piracy will continue and there is nothing anyone can do about it. 

 

Depending on where you are, even using a DVR is illegal. Hello Australia and New Zealand. These people have it the worst. There is a need for piracy in certain regions or the population will not succeed.

Edited September 28, 2018 by speechles