Notification of claimed infringement made under Copyright Act.

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162 posts

Master Geek

#493365 14-Jul-2011 14:23

NonprayingMantis:
PaulBrislen: And yes, definitely a US letter sent under US law. The NZ law will require the rights holder to identify a number of different aspects including time/date of download etc as well as IP address and file details.

Huh? did you reads the email? it does exactly that

Filename : NCIS.S08E24.HDTV.XviD-LOL.[VTV].avi.torrent(366,448,640bytes)

- Filename : NCIS.S08E22.HDTV.XviD-LOL.[VTV].avi.torrent(366,723,038bytes)

- Filename : NCIS.S08E23.HDTV.XviD-LOL.[VTV].avi.torrent(366,716,554bytes)

- IP Address : 202.169.204.110

- Local Infringing Time : 2011-06-29 00:01:54

- NZ Infringing Time : 2011-06-28 20:01:54

- Infringing Internet ID :

mp1@adsl.world-net.co.nz

That bit is irrelevant as that is in the email from worldnet. But they do list the correct info in the original email sent to Jay Lee:

INFRINGEMENT DETAIL
--------------------
Infringing Work: Navy: NCIS
First Found: 29 Jun 2011 00:01:02 EDT (GMT -0400) Last Found: 29 Jun =
2011 00:01:02 EDT (GMT -0400) IP Address: 202.169.204.110 IP Port: 51413
Protocol: BitTorrent
Torrent InfoHash: 59A48D45A7D87083E1CB819C9B65AA6A9D57725E
Containing file(s):
NCIS.S08E24.HDTV.XviD-LOL.[VTV].avi.torrent (366,448,640 bytes)
Infringing Work: Navy: NCIS
First Found: 29 Jun 2011 00:01:31 EDT (GMT -0400) Last Found: 29 Jun =
2011 00:01:31 EDT (GMT -0400) IP Address: 202.169.204.110 IP Port: 51413
Protocol: BitTorrent
Torrent InfoHash: 6B34AF29E10B9A24725523FDCEB059EBE664B612
Containing file(s):
NCIS.S08E22.HDTV.XviD-LOL.[VTV].avi.torrent (366,723,038 bytes)
Infringing Work: Navy: NCIS
First Found: 29 Jun 2011 00:01:54 EDT (GMT -0400) Last Found: 29 Jun =
2011 00:01:54 EDT (GMT -0400) IP Address: 202.169.204.110 IP Port: 52600
Protocol: BitTorrent
Torrent InfoHash: 41CA188767907EC01DBF0B7FF6F2FDF355F56042
Containing file(s):
NCIS.S08E23.HDTV.XviD-LOL.[VTV].avi.torrent (366,716,554 bytes)

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ResponseMediaNZ

518 posts

Ultimate Geek

ID Verified

Trusted

Subscriber

#493370 14-Jul-2011 14:28

Also doing the good old google search

MediaSentry no longer exists.
http://en.wikipedia.org/wiki/MediaSentry

wellygary

7384 posts

Uber Geek

#493380 14-Jul-2011 14:48

Copyright owners may apply to the Tribunal for a compensation or make application to a District Court for an
order requiring the ISP to suspend the account holders Internet access.

Only if an order in council has been passed that I am not aware of.
Gee what translation robot spat out this crap....

justjay

93 posts

Master Geek

#493383 14-Jul-2011 14:56

wellygary: Copyright owners may apply to the Tribunal for a compensation or make application to a District Court for an
order requiring the ISP to suspend the account holders Internet access.

Only if an order in council has been passed that I am not aware of.
Gee what translation robot spat out this crap....

I think someone noted above that the letter is based on US law. Appears they didnt bother to check what country the dirty rotten infringer was in!

StarBlazer

961 posts

Ultimate Geek

Trusted

#493390 14-Jul-2011 15:07

1) Remove or disable access to the individual who has engaged in the conduct described above; and

2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

Wow - talk about going for the jugular!!

I did laugh however at the next paragraph;
We also would request that you inform the individual who engaged in this conduct that legitimate copies of CBS content are widely available for viewing online, for example on www.cbs.com and many other sites that participate in the CBS Audience Network.

So apart from the obvious that was mentioned earlier (content is not widely available) - please make up your mind. Either ask for the user to be cut off, or suggest that they go to www.cbs.com to watch the content legally!

At least now it is known what to expect!

Procrastination eventually pays off.

mikeknz

4 posts

Wannabe Geek

#493393 14-Jul-2011 15:12

mp1:
wreck90: So, are you guilty?

Yep, I admit guilt. I'm a sole occupant.

I actually dont have too many problems with WorldNet, I know some have in the past, but i'm on the unlimited plan (mainly due to downloading linux iso's) and get alright speeds across the board considering i'm a wee way from the exchange.

Out of interest, where were you downloading this from - ie what torrent site - as its clearly a monitored one so would be good to know .

Perhaps when these start coming out - people could post them along with where they got caught and build a little database of places. Not that I would use such a thing.

richms

26417 posts

Uber Geek

Trusted

Subscriber

#493405 14-Jul-2011 15:32

Im going to keep on running with just peerguardian and a false public IP for a while. Yeah, no incoming connections sucks for performance but better than being caught, and after warning one will just close the slingshot account.

Richard rich.ms

billgates

4624 posts

Uber Geek

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#493413 14-Jul-2011 15:49

Well if the dumb and greedy tv and movie networks made available the content to people outside the US then would not have this big of a piracy issue. I use VPN to watch hulu, netflix and bbc iplayer every day. I pay for netflix. I watch the ad's on hulu even though they are US based but I do not want to wait months before the same broadcast of my favourite tv would be done in NZ.

Do whatever you want to do man.

DylanReeve

67 posts

Master Geek

#493415 14-Jul-2011 15:51

I'd be INCREDIBLY dubious of WorldNet's identification of you here...

- Local Infringing Time : 2011-06-29 00:01:54
- NZ Infringing Time : 2011-06-28 20:01:54

The supplied notice lists the infringement time as 2011-06-29 00:01:54 EDT (GMT-4) which would be 2011-06-29 16:01:54 NZST - 16 hours ahead of the quoted local time, not 4 hours behind it. Idiots.

In fact unless the infringement was detected in Tonga there really is nowhere that could be ahead of NZ time with their Local time.

StarBlazer

961 posts

Ultimate Geek

Trusted

#493418 14-Jul-2011 15:58

billgates: Well if the dumb and greedy tv and movie networks made available the content to people outside the US then would not have this big of a piracy issue. I use VPN to watch hulu, netflix and bbc iplayer every day. I pay for netflix. I watch the ad's on hulu even though they are US based but I do not want to wait months before the same broadcast of my favourite tv would be done in NZ.

It won't be long before they find this activity to be illegal also - after all, this still means that you are watching TV programs that NZ are not licenced to be viewed in NZ yet (and may never be).

It also means you are not seeing the NZ adverts, which go some way to paying for the programs to be broadcast here - even if like me you record all you watch on mySky(etc) and FF through them.

Isn't that what the NZ broadcasters are trying to protect as part of this enforcement? Then the money goes around - NZ Adverts pay for shows - broadcasters pay for licence to show - US companies continue to get very rich.

Cynical! Me?

Procrastination eventually pays off.

PaulBrislen

198 posts

Master Geek

Trusted

#493421 14-Jul-2011 16:11

I'm struggling to find a copy of the various (13 I think) pieces of information each rights holder notice must contain, but date and time of alleged offending is just one of them...

and having the wrong date and time (as this one surely does) would mean it's a null notice I would hope.

I've said it elsewhere and I'll say it again - this isn't a problem with copyright so much as it is with an antiquated business model that no longer fits customers' needs.

Netflix in the US now accounts for between one third and half of all internet traffic. That says to me there's a market for content and that customers are willing to pay for it.

Also I see movie ticket sales are up dramatically in the latest research I saw. Clearly piracy (arrr) is happening but I question whether it's having the impact on income that the studios would have us believe.

Cymro

283 posts

Ultimate Geek

#493449 14-Jul-2011 17:55

Just for you Paul:

http://www.med.govt.nz/upload/77230/Cabinet%20Paper%20-%20Copyright%20%28Infringing%20File%20Sharing%29%20Regulations%202011.pdf

Page 11

Agree that the requirements for infringement information proposed in the
regulations include:
4.1 Name, email address and New Zealand telephone number of rights
owner;
4.2 Physical New Zealand address for service of rights owner;
4.3 Internet protocol address/addresses showing the internet location
of the infringing activity;
4.4 Identification of the relevant file sharing protocol or software that
has allegedly been used;
4.5 Name of the copyright work that has allegedly been infringed and
name of the owner of that work (this may be different to the rights
owner where a rights owner is a representative for several
copyright owners);
4.6 Any other unique identifiers or file numbers that identify the work
that has allegedly been infringed;
4.7 A description of the type of copyright work or works that are alleged
to have been infringed and the restricted act or acts that have
allegedly been performed in breach of copyright;
4.8 The New Zealand date and time of infringement, expressed down
to the second;
4.9 Where a rights owner is an agent or representative body for a
group of copyright owners, a signed statement of authorisation to
act from the copyright owner or their licensed representative;
4.10 A statement that to the best of the rights owner’s knowledge, the
information provided is true and correct; and
4.11 Digital or physical signature of the rights owner accompanying the
information.

mp1

142 posts

Master Geek

ID Verified

#493483 14-Jul-2011 19:20

Cymro: Just for you Paul:

http://www.med.govt.nz/upload/77230/Cabinet%20Paper%20-%20Copyright%20%28Infringing%20File%20Sharing%29%20Regulations%202011.pdf

Page 11 <snip>

Interesting reading... I'm just going to ignore the letters - as tempted as I am to write up a response..

oxnsox

1923 posts

Uber Geek

#493501 14-Jul-2011 20:10

PaulBrislen: ....(edit).....
I've said it elsewhere and I'll say it again - this isn't a problem with copyright so much as it is with an antiquated business model that no longer fits customers' needs. ....(edit)...

Whilst I know what you mean chap, it is right now a copyright issue.... until they change their business model and law

kobiak

1615 posts

Uber Geek

Trusted

#493505 14-Jul-2011 20:29

what tracker? :) age of private and invite only trackers is back :) yay!

helping others at evgenyk.nz

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