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文章阅读:收到了Charter转发的Notice of Copyright Infringement
[同主题阅读] [版面: 律师事务所] [作者:hillfan] , 2011年10月21日10:16:36
hillfan
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发信人: hillfan (Hill), 信区: Law
标  题: 收到了Charter转发的Notice of Copyright Infringement
发信站: BBS 未名空间站 (Fri Oct 21 10:16:36 2011, 美东)

可能是跟我share网络的人用bitTorrent download了一部电影,异或是网络被人盗用,
有一个叫Copyright Enforcement
Group的公司,声称是那部电影版权所有人的代理,发现我的IP在下载那个电影,但是
只能检测到我的ip地址,不知道我是谁,于是发信给charter,让他们转发给我,让我
接收pre-settlement,去他们的网站上(copyrightsettlements.com)交钱(200美元)
,然后他们会给个release。如果过期不交,他们可能会起诉我。

问题是charter不会把我的信息给他们,除非他们去找法院,法院给charter一个
subpoena要求charter把我的信息交给他们,他们才能起诉我。

可要是我付钱,就得在他们的网站上输入我的个人信息和信用卡(只能这样付钱),他
们又不是什么律师事务所,据说就是debt collector,通过恐吓来达到赚钱的目的,让
下了他们东西的人投降交钱免除后患。他们得到了我的钱和个人信息,难保他们不追加
我的责任。

下面是charter给我的email,包括转发的投诉者的email。我是本来不打算理睬他们的
,毕竟他们会起诉的几率非常小,就算起诉了,他们也是有责任证明是我download了他
们的东西的,这在网络技术上,是不完全可靠的。我问过一个IP律师,他建议“My
guts feeling is not to pay and take the risk of being
sued. ”对这个问题有相似经历或知晓的朋友们请给些建议,多谢。


Dear Charter Internet Subscriber:

Charter Communications ("Charter") has been notified by a copyright
owner, or its authorized agent, that your Internet account may have
been involved in the exchange of unauthorized copies of copyrighted
material (e.g., music, movies, or software).  We are enclosing a copy
of the Digital Millennium Copyright Act (DMCA) notice that Charter
received from the copyright holder which includes the specific
allegation.

Under the DMCA, copyright owners have the right to notify Charter’s
register agent if they believe that a Charter customer has infringed
on their work(s).  When Charter receives a complaint notice from a
copyright owner, Charter will notify the identifiable customer of the
alleged infringement by providing them a copy of the submitted DMCA
notice.  As required by law, Charter may determine that the customer
is a repeat copyright infringer and reserves the right to suspend or
terminate the accounts of repeat copyright infringers.

It is possible that this activity has occurred without your permission
or knowledge by an unauthorized user, a minor who may not fully
understand the copyright laws, or even as a result of a computer
virus.  However, as the named subscriber on the account, you may be
held responsible for any misuse of your account.  Please be aware that
using Charter’s service to engage in any form of copyright
infringement is expressly prohibited by Charter's Acceptable Use
Policy and that repeat copyright infringement, or violations of any
other Charter policy, may result in the suspension or termination of
your service.  You may view Charter's rules and policies, including
Charter’s Acceptable Use Policy, under the policies section of
charter.com.

We ask that you take immediate action to stop the exchange of any
infringing material. For additional information regarding copyright
infringement and for a list of frequently asked questions, please
visit charter.com/dmca.

If you have questions about this letter, you may contact us at
1-866-229-7286.  Representatives will be available to take your call
Monday through Friday 8am - 8pm, Saturday and Sunday 8am - 5pm (CST).


Sincerely,


Charter Communications Security Resolution Team
http://www.charter.com/security


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



-----BEGIN PGP SIGNED MESSAGE-----
Hash: SCE5

***NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***
September 26, 2011
Re: Notice of Unauthorized Use of Registered Copyrights Owned by Third
Degree
Case #: Pxxxxxx

Dear Sir or Madam:

This notice is intended solely for the primary Charter Communications
internet service account holder. Someone using this account has
engaged in the illegal copying and/or distribution of  movies. This
notice may contain the titles of those movies, and therefore may
contain text that is offensive to some readers.

Copyright Enforcement Group, LLC, ("We") represent Third Degree. Third
Degree owns all right, title and interest to the registered copyrights
listed below.

Evidence:
Infringement Title: xxxx
Infringement File Name: xxxx.DVDRip.XviD
Infringement Hash: xxxxxx
Infringement File Size: 1345555554 bytes
Infringement Protocol: BitTorrent
Infringement Timestamp: 2011-09-xx xxxx North American Eastern Time
Infringers IP Address: xxxx
Infringers Port: xxxx




You are hereby notified that your unauthorized copying and/or
distribution infringes the registered copyrights under
the U.S. Copyright Act, 17 U.S.C. 106. In this regard, demand is
hereby made that you and all persons using this account immediately
and permanently cease and desist the unauthorized copying and/or
distribution of the registered copyrights listed in this notice or
otherwise owned by Third Degree.

You may also be held liable for monetary damages, including attorney's
fees and court costs if a lawsuit is commenced against you. You have
until Saturday, October 26, 2011 to access the settlement offer and
settle online. To access the settlement offer please visit
http://www.copyrightsettlements.com/ and enter Case #: Pxxxxx and
Password: xxxxx. To access the settlement offer directly please visit
https://www.copyrightsettlements.com.

Settlement Information:
Settlement Website: http://www.copyrightsettlements.com/
Case #: xxxxx
Password: xxxxx


If you fail to respond or settle within the prescribed time period,
the claim(s) will be referred to our attorneys for legal action. At
that point the original settlement offer will no longer be an option
and the amount will increase as a result of us having to involve our
attorneys.

Nothing contained or omitted from this correspondence is, or shall be
deemed to be either a full statement of the facts or applicable law,
an admission of any fact, or waiver or limitation of any of the Copyright
Owner's rights or remedies, all of which are specifically retained
and reserved.

The information in this notice is accurate. We have a good faith
belief that use of the material in the manner complained of herein is
not authorized by the registered copyright owner, its agent, or by
operation of law. We swear under penalty of perjury, that we are
authorized to act on behalf of Copyright Owner.

Sincerely,

Dale Spislander
Copyright Enforcement Agent

Copyright Enforcement Group, LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211
--

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