Question:
Copyright Enforcement Group, LLC letter?
Blue
2012-06-27 20:23:54 UTC
I received multiple emails from my ISP (charter unfortunately) forwarding the message they received from Copyright Enforcement Group, LLC. Dale Spislander wants $200 per file ($1600).

I am skeptical about the company and their practices.

How do they get a hold of my IP address unless someone in their company is sharing the same files online. They share these files online and wait for someone to bite the bait. Isn't this considered as entrapment?

Also once I pay the settlement, and reveal my identity, what would prevent their copyright mafia friends from coming back for more money or blackmailing me?

Has anyone had any experience with these people?

I need responses from those who had similar/same experiences ... Whether you received a message from these people or not ... whether you paid them the money they requested or not ...

thanks for all the advice in advance
Five answers:
demos_jones
2012-06-27 21:11:42 UTC
Frank summed it up. Basically, it sounds like you were using a P2P network, a torrent. The problem is not the downloading, but that you're also uploading at the same time. Sharing what you're downloading. THAT'S the copyright infringement. How did they find out? Everyone that shares a torrent shows their IP address in the torrent tracker. It's easy enough for them to join the torrent and look at the tracker to see who all's in the sharing. Now, the IP address, itself, only goes so far to show what ISP (provider) is being used. But the ISP shares liability for simply being the conduit. So they willingly comply with the copyright holder by passing on the holder's complaint to remove their own liability.



The answer is easy. As soon as you get notice of it, immediately cut that torrent. Whether or not it's complete. And forget the honor among thieves about giving back what you've received. It's YOUR butt that's on the line. Remove all those files from your computer. Also remove any tracks of your activity, such as the torrents, themselves. They'll also hide in the depths of unknown folders, so use a free resource like CC Cleaner to help you clear out those tracks. Then wait. Most likely, once you've disappeared from the torrent trackers, they lose interest because there's plenty of others to chase after.



Don't offer to pay. Don't even offer to consider it. Don't even go to any site to read their offers. You might as well paint a sign on yourself, "Yeah, I'm guilty, just stick it to me!" Basically, things can happen by mistake or misunderstanding. They are required to give you the chance to correct. Hence, the Cease and Desist order. You've corrected it, not much left for them to chase. You have to repeatedly ignore them to show that you're too stupid to take the advise. Of course, they'd like it even more if you just rolled over and gave them money right off the top. But make them work for it. Once you get an actual summons for court, then you can negotiate. They'd STILL rather get money the easy way than go through a lot of time and expense in court. MOST likely, they wont' bother.



I've probably gotten near a dozen of such notices over various times in the last couple years. Nothing's happened. But do avoid downloading for a couple months before trying it again.
Nuff Sed
2012-06-27 21:29:24 UTC
You have some good info and some not so good. For instance, your ISP has no liability whatsoever for copyright infringement you commit while using them as a conduit. That would be like saying the phone company is liable if you use the phone to defraud your Aunt Martha out of her bake-sale proceeds.



Your IP address is included in each and every data packet you send or receive via the internet. It's not that hard to see who is sending and receiving at a given server. There are tools that allow a server operator to actually "map" where the users are and which are using the most bandwidth.



No, it's not "entrapment" if someone happens to watch you violate copyright and then turns the information over to the copyright owners. That is what happened in Virgin Records v. Thomas, where she was found liable for $1.92 million for "sharing" 24 songs using KaZaa, downloaded from her computer by a third party. The jury didn't have to decide whether downloading or uploading separately were illegal, since she was accused of doing both.



Yes, the thing you got is almost certainly a scam.



In any case, you would NEVER make any payment as a "settlement" unless you were first given a full and perpetual release and waiver of all past, present and future claims, signed and notarized by a duly authorized officer of copyright owner's company.
anonymous
2015-08-07 00:40:49 UTC
This Site Might Help You.



RE:

Copyright Enforcement Group, LLC letter?

I received multiple emails from my ISP (charter unfortunately) forwarding the message they received from Copyright Enforcement Group, LLC. Dale Spislander wants $200 per file ($1600).



I am skeptical about the company and their practices.



How do they get a hold of my IP address unless someone...
Phil
2012-06-28 13:26:10 UTC
I also received 2 notices back in December which I ignored and just last week I had a lawsuit. The lawyer wants to settle at $5000 and my attorney is now trying to settle this for $3200 for 1 movie! I did some research and I see cases where people have had to pay hundreds of thousands for downloading music. My suggestion is to do what I should have done in the first place and contact a lawyer who's specialty is Intellectual Property Law so you do not make the same mistake I did or get bad advise from peers like did. Good luck.
?
2012-06-27 20:36:03 UTC
Ignore it. See my sources.


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