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Copyright Infringment Notice from my ISP


NewGuy1212

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To me that is dead on as far as intent goes and where the legal line should be. Where the legal line is in other parts of the world really shows the lengths that the industry is willing to go to. Having it so that even a dvr is illegal is ridiculous. But i can see how the industry would totally be in favor of that. I am sure it helps drive up their bottom line in sales for either more on demand access or people purchasing media, probably a really healthy black market for shows over there also.

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adamstewiegreen

.. 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.

DVR is only illegal in Australia if you keep the recording for more than a "reasonable" amount to of time. On top of that format shifting is illegal for any digital media.

 

So emby's (or any such software) legal use in Australia is pretty much restricted to home movies, vhs converted to MP4 and limited DVR use.

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DVR is only illegal in Australia if you keep the recording for more than a "reasonable" amount to of time. On top of that format shifting is illegal for any digital media.

 

So emby's (or any such software) legal use in Australia is pretty much restricted to home movies, vhs converted to MP4 and limited DVR use.

 

The worse part. Even if you could DVR in New Zealand, have fun finding the EPG to even do so. You would have to literally sit there and wait for the show to start to do it and start recording and at the end stop recording, all manually. As even the episode guides are considered copyrighted material there. So it is hard for people to reuse these in their own listings without paying for the right to do so. Copyright law there is ridiculously one sided. Probably because those law makers deciding were swayed by the campaign contributions so heavily gifted by these consortiums that control their TV legislation. It's an evil business when you trample on the little people just to  get yourself a small advantage. Thats all that keeping EPG from people for free does. They would still need your service in some way to even consume what they want. Why do they have to pay to even see the menu? I am baffled how that even was allowed to happen. Poor kiwis.

3's listings are copyrighted and CANNOT be used without permission. We can supply you with our listings for a fee of $2,000 per month.

And that's just one damn channel. Imagine paying for EPG for every channel. Where do I write my check for $15,800 a month?

 

 

https://www.freeviewnz.tv/tvguide/whats-on/

 

If this is legal, their bill to gain this information must be astronomical. One must assume it isn't legal, but hosted in a country where an EPG is not copyrightable which makes it legal. Says .nz on the url, but redirects to bangalore india or similar. It's piracy if you live in New Zealand and visit that website, but rationally, there is no other way for them. Who the hell has $15k/mo just to piss away.. 

Edited by speechles
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arrbee99

The worse part. Even if you could DVR in New Zealand, have fun finding the EPG to even do so. You would have to literally sit there and wait for the show to start to do it and start recording and at the end stop recording, all manually. As even the episode guides are considered copyrighted material there. So it is hard for people to reuse these in their own listings without paying for the right to do so. Copyright law there is ridiculously one sided. Probably because those law makers deciding were swayed by the campaign contributions so heavily gifted by these consortiums that control their TV legislation. It's an evil business when you trample on the little people just to  get yourself a small advantage. Thats all that keeping EPG from people for free does. They would still need your service in some way to even consume what they want. Why do they have to pay to even see the menu? I am baffled how that even was allowed to happen. Poor kiwis.

3's listings are copyrighted and CANNOT be used without permission. We can supply you with our listings for a fee of $2,000 per month.

And that's just one damn channel. Imagine paying for EPG for every channel. Where do I write my check for $15,800 a month?

 

 

https://www.freeviewnz.tv/tvguide/whats-on/

 

If this is legal, their bill to gain this information must be astronomical. One must assume it isn't legal, but hosted in a country where an EPG is not copyrightable which makes it legal. Says .nz on the url, but redirects to bangalore india or similar. Piracy in New Zealand for going there, but rationally, there is no other way for them. Who the hell has $15k/mo just to piss away.. 

 

Ha. Who knew ? Anyway, works fine for me (or it did the last time I tried).

 

...anyone would think they didn't want us to watch their TV (mind you, no one does watch TV3)

Edited by arrbee99
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[ON SOAPBOX]

Have been in the obtaining of content from the on-line world when VCD / SVCD ruled the content world and SD-6 was the premier scene release group. Had a Usenet subscription for my favorite binary groups and a terrible download speed, never mind the upload speed. In the 20 years plus I got 1 notification because I uploaded a movie audio track in the clear. Never used a VPN but always used SSL and private forums. I do have a Netflix and Amazon Prime subscription.

 

1. Since then Usenet has undergone a transformation, obfuscated file names and password protected releases. I am a member of several Usenet forums that publish the key to getting these releases.

 

2. Started to use P2P before Suprnova.org became popular that was 15+ years ago. Today I am using private premier HD release trackers now for over 10 years.

 

Because of using private / invitation only trackers and forums I never had any difficulties and before anyone points out the illegality hear out my reasons.

 

The content providers have only one thing in mind, they want your best, YOUR MONEY. In order to make it illegal for those who do not want to buy their crap releases and object to their approach of exploiting, they pay off lobbyist and law makers to make it illegal to obtain anything except what they release. They own the content but they serve it to the uninitiated user in a format and quality that the knowledgeable users do not want nor are willing to reward them for poor quality and exploitation. Thus was born a group of enthusiasts that want the best video and audio quality available for any release. Most of the time this is not available for purchase or if it is available it has to come from some other part of the world you may or may not have access to. Here are a few examples.

  • Suits season 7 three BD discs in the US version, 4 BD discs in the UK version with memorable extras. Payed and received it from the UK. Content providers made sure that what you bought can only be used the way they want you to. Therefore purchased AnyDVD, ripped the 4 discs and they are on my server.
  • US Amazon TV show releases starting to have crap bitrates and my retina is violated by the picture quality on my 136" screen. However a decent bitrate copy exists in India and / or Australia. How do I get it legally you can't. P2P to the rescue.
  • Gladiator Blu-ray has been DNRed to death the flaming arrow tips have disappeared the best video without DNR and the best audio can't be purchased, they only exist on Usenet or P2P.
  • For a 60 minute TV episode I am wasting almost 20 minutes on crappy commercials what a waste of time. Again P2P or Usenet will solve that.
  • Where do I get the Australian TV Show Rake now in its 5th season? P2P.

We live in a world of globalization but one content provider may not have the rights to broadcast or own the content in a different part of the world. How do you get the best video and audio of set item? It can't be purchased. The business model is broken and the content providers are fighting a losing battle. It almost starts to get into the realm of principle which is costly and if you want to play you have to pay. Perhaps next step VPN, high level encryption. If there is a demand there will be supply. Just look at all the money that was spent on Blu-ray protection from ripping, a total waste of money. The suits that run these companies have lost the plot. Change the business model and you will change the behavior of people. Just purchased a labor day special of a Usenet Newshosting subscription $50 per year with a VPN, client and search indexer. It will be $50 per year for as long as I am their customer.

 

Finally if you can't do the time don't do the crime.

[OFF SOAPBOX]

Edited by One2Go
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  • 2 weeks later...
stephenbishop

Hey NewGuy a few things,

Firstly your ISP doesn't care what your doing with the media, they want it to stop. When you P2P you are both downloading and usually uploading. Technically there is NOT anything illegal about downloading something (Not a lawyer but I know my rights dag nabbit). However uploading is considered piracy as per the *1976*. However you can't really torrent without also uploading and if you did then you'd be disliked by that community. I am not going to advise to on how you might continue violating the ToS your ISP and you have probably agree'd to. But while it's not illegal it is breaking a ToS and continuing to do so will result in service termination, being banned from that ISP, and potentially having a civil suite for damages brought against you.

At first I though this was going to be an issue where you ISP didn't want you to setup a home media server, but this is basic stuff you are not technically in any way allowed to torrent copy right protected content. All ISPs are owned by media publishers(in the USA anyway) or are heavily affiliated with them. If you continue to violate your ToS you will loose service and probably be fined to turn it back on.

Have you considered the possibility that you were the victim of unauthorized network intrusion? ISPs can not hold you responsible for being the victim of someone breaking into your WiFi; as all 3 major encryption schemes for wifi have been busted wide open it's quite possible someone else might have downloaded the content your talking about. Perhaps you should call your ISP and have them prove it was you, not just someone at your address. If they can't (They won't, they won't even try, they'll say it's not their job) then the evidence doesn't prove any crime or intent to commit a crime. All it shows is someone from your Modems MAC/Your service line used your service possibly without your consent. US Law protects you from being held responsible as long as you take responsible precautions. Change your WiFi password, setup a MAC logging tool on a computer or your router if you are able. You got a media server so it can do double duty. I also make mine to require speed checks with different servers 2-3 times a week.

Now if your sure you were the one committing the violation I would call them and state you have taken care of the problem and it won't happen again, if you aren't sure the burden of proof is on whoever reported it. You are innocent until proven guilty, that is why these things NEVER go to court.


On an unrelated note VPN's are a fantastic tool to ensure strong privacy if your on a public network, as well I'd check out DNScrpyt-Proxy to prevent Man in the Middle attacks/others from seeing your DNS requests. Please do not mistake this as advise to continue violating your ToS, DONT VIOLATE A CONTRACT. But VPNs are good for privacy as long as you get a trust worthy one.

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