Account Suspension for copyrighted material, common?

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836 posts

Ultimate Geek

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#78005 13-Jul-2007 15:56

cokemaster:
There is always the possibility of things like insecure wifi, compromised PC's etc which should be carefully taken into account.

You are responsible for having an insecure network, this should not even be a discussion point as it is quite clear in all facets of the law that negligence is not a defense.

cokemaster:
Stuff like this where you are 'guilty until proven otherwise' is just wrong

Spoken with the IRD lately? :P - I do agree with you however.

cokemaster

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#78023 13-Jul-2007 18:26

By insecure I was referring to the use of WEP networks which while they have 'some' security, its trivial to get past. Many older devices did not support the newer WPA standards.

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paradoxsm

3000 posts

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#78040 14-Jul-2007 00:18

monty python, lol.

All the more reasons not to use a computer.

I wonder when amazon dot com will release the drm-less music downloads? I'm currently having to use the illegal sites on the n95 for my music fix.

sirrobalot

5 posts

Wannabe Geek
Inactive user

#78096 14-Jul-2007 17:40

sent an email to xnet saying:

hi Justin\xnet team

i would like to make it very clear over all i
am very satisfied with the service xnet provide
and advise you as the best nz isp to friends and
family
how ever i find your findings very difficult to accept
because:

a) the thought of big companies like nbc having the power
to disconnect someone in nz with one email is scary

b) i was temp. disconnected or suspended as you call
it befor i had a chance to defend myself or object to
the alligations

c) it took 2 and a half days for xnet to concact me
about it and restore my connection

d) the first chance i got to look at the evidance was
once internet had been restored

e) i requested more evidance but as far as i can tell
the repli i got simply reetirated things said in the first
email

f) essentailly i was disconnected with the only profe
of alligied injustice was an ip address suplied to you by
nbc and a time stamp

g) ip spoofing is a known ip mask and this in itself
is enough to make an ip address not solid enough
evidance to isume my guilt and difinatly not enough
to prove it

e) besides a tittle there is no evidance the material
a computer on this ip was supposed to be uploading
is actually copywrited or in any way property of nbc
eg. a name could be the only thing the aligied file and
nbc's protected material have in common

f) hypothectically suppose i'm a rival company to a
news corporation, whats stopping the nes corporation
accusing me and cutting me off with false evidance?

on the above grounds i find it hard to accept xnet's
desiton to temp. disconnect me.
If i emailed a similar ip address and time stamp and other
'evidance' would you treat me the same as nbc
and suspend the ip i accuse without warning or chance
for them to defend themselves?
what happend to innosant to proven guilty?

i would like to reitirate this is not an attack on nbc or
xnet i just would like this matter to be cleared up

further i understand the diffucult position you (xnet) are
in having to make sure the expectations of your customers
are meet and take an active stand agaist piracy simultanously
and i understand that nbc has to do something about piracy
and if this is the best they can dothey are well with in there
rights to email you

i have very strict views on piracy and understand we have
the same goals of cutting it at the steam but is suspending
innosant (we must be innosant for there is not enough
evidance to prove us guilty) users without giving us a
chance to defend our selves really the right course of
action to take??

your loyal customer
robin

please reply at your leusure as long as you have leusurible
time in the next few days if not please reply at a lesss
leusurible time over the next few days... "

2 days later they havn't replied yet but i think ill have to wait for a working day

does any have any advice for me?
i need some help what have other people emailed x net with??

bok007

77 posts

Master Geek

#78119 14-Jul-2007 22:01

use a spellchecker next time - they might take you more seriously

billgates

4705 posts

Uber Geek

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#78120 14-Jul-2007 22:12

Xnet should now grow up and think twice before sending people these useless e-mails from U.S companies who like to dictate the enitre nation with their bollocks.....if Xnet dont reply....quit them and go join another ISP....dont let anyone dictate your life....take a stand!

Do whatever you want to do man.

tallPete

99 posts

Master Geek

#78127 14-Jul-2007 23:09

Well, I am going to play devils advocate here.

I would do exactly the same if I was the ISP.

What is more, judging by the postings in here by the three recipients, the ISP has matched the IP's correctly and got the right guys. Nobody has said straight off 'It wasn't me'.

You were caught fair and square - now you're trying to get off on a technicality. While this might be valid if you were innocent of said activity, you've got to admit that the copyright owners have a case.

While IP spoofing can be done, and while WEP cracking can also be done, I think you'll find that in 98% of cases this isn't whats happened.

Getting off on technicalities is reserved IMHO for those who didn't know better - ie mothers finding out that little Johnny has discovered how to download stuff, and he's not mature enough to work out what he has done wrong.

If you were caught fair and square, then you're best to be a man and face up to it.

You have even been given a second chance which is pretty bloody reasonable.

** Disclaimer - not affiliated with any ISP or copyright holder - just my opinion.

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Snikch

74 posts

Master Geek

#78128 14-Jul-2007 23:22

tallPete:

You were caught fair and square - now you're trying to get off on a technicality. While this might be valid if you were innocent of said activity, you've got to admit that the copyright owners have a case.

If you were caught fair and square, then you're best to be a man and face up to it.

At no point have I tried to lay blame on anyone else thanks tallPete, I'm just trying to find out if it's a common occurance or something that has only just started to happen and what ISP's are doing it. More for everyones sake to prevent problems in the future and make people aware that we can't get away with it anymore.

tallPete:
You have even been given a second chance which is pretty bloody reasonable.

So you're telling me you've never downloaded anything illegally? Not even once? Because if you did you would expect to not get a second chance?

paradoxsm

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#78129 14-Jul-2007 23:41

we have all downloaded stuff illegally. It's how often and the reasons behind it though. I often use lime wire to "format shift" music and other stuff i have on cd or on mouldy vhs. I pirated the old word processor "first choice" the other day as my 5.25 disks were corrupt.

how do you even download torrents properly, i have never had much luck, i tried to download some hi resolution pack for duke nukem the other day, Used microtorrent but it would not start. Tried a second time using opera's torrent thing and still would not work.

Oh, this was not "warez" by the way as it's fan created mod for a legal copy of the game.

Then i tried to obtain "timbaland give it to me" mp3 and even that would not work (it's the most common thing that is currently doing the rounds pirated i'd imagine) so i gave up on torrents as fast as i tried them.

Snikch

74 posts

Master Geek

#78131 14-Jul-2007 23:43

paradoxsm: so i gave up on torrents as fast as i tried them.

Sux to be you

paradoxsm

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#78146 15-Jul-2007 10:18

but i won't be the one facing a law suit! Cd's sound so much better anyway and dvd's are much nicer to watch that some horrible divx however i do always copy my dvd's to remove the macrovision and region codes and the annoying menu's and do not copy notices and that stupid stealing is piracy video that only shows on legitimate purchases.

Which reminds me, i'm short on cd racks.

kritical

3 posts

Wannabe Geek

#78274 16-Jul-2007 14:05

Snikch: The irony is this was downloading a game to replace a melted cd (via bittorrent). After all the times I've downloaded movies etc. illegally (illigitimately... immorally... irregularly?), the one time I own something and am downloading a replacement and they take action!

You have COMPLETELY missed the point here,

When you download something via Bittorrent you are also uploading the content to other people. You are essentially distributing copyrighted material. It doesn't matter if you own the game, you have no right to distribute it.

Also, you just admitted that you have been breaking the law? Did you not consider that the staff from Xnet could be browsing this forum? They have all the evidence they need right here.

Lets say your Coffee Table gets destroyed, do you have the right to just go out and steal a new one? That's idiotic, you buy insurance, it's no different with a Computer Game.

Are you not concerned that by disputing this you're basically painting a big target on yourself for a law suit?,,,

I would be.

Snikch

74 posts

Master Geek

#78275 16-Jul-2007 14:23

kritical:
Snikch: The irony is this was downloading a game to replace a melted cd

You have COMPLETELY missed the point here,

No, YOU have.

I said it was ironic, not disputing it. Read the whole damn thread, it's not about disputing it, it's about finding out more info to help other people and make people aware that we can't get away with it anymore.

kritical:

Also, you just admitted that you have been breaking the law? Did you not consider that the staff from Xnet could be browsing this forum?

Did you not consider that;

A- It's none of your business Mr. I'm gonna sign up simply to post a useless post after not reading the whole thread and thus not understanding my intentions for it.

B- I'm a new customer to xnet and this was the first time downloading stuff via bittorrent on their network so they can browse all they want.

C- This thread is going to stop people downloading stuff illegally because they now know that there are consequences, hence saving xnet alot of hassle in suspending accounts and the associated grief.

D- I don't have a D but what's the point of having a list if there's only a couple of items in it.

HA!

kritical

3 posts

Wannabe Geek

#78277 16-Jul-2007 14:31

My mistake,

I mixed you up with sirrobalot who posted his email to Xnet disputing the Copyright Infringement.

How could I get you guys mixed up...

cokemaster

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#78284 16-Jul-2007 14:53

kritical:

Lets say your Coffee Table gets destroyed, do you have the right to just go out and steal a new one? That's idiotic, you buy insurance, it's no different with a Computer Game.

Ah, but now you are comparing a physical object with a digital object, where an item can be copied without any effect. Further more, you are buying only a license for the game. However if you loose your CD's - buy a new CD with a new license... go figure.

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