What is Digg?Warning: The Content in this Article May be Inaccurate
Readers have reported that this story contains information that may not be accurate.253 Comments
- nikomo, on 12/13/2007, -12/+216No offense, but your ISP can suck my balls hard.
- dynacrylic, on 12/13/2007, -2/+157Somehow I get the idea that the MPAA and RIAA are literally behind that post. Meaning some MPAA/RIAA douche bag hired another douche consultant to write a "fake post" of what happened in an attempt to frighten and deter people from using torrents and "pirating" movies, shows and songs.
- Ericn84, on 12/13/2007, -2/+148Your ISP didn't give NBC your packet history. NBC hired a law office to monitor bit torrent networks for downloaders. One of those two seeders were the company that NBC hired. Once they ID you, they send a notice to the ISP and the ISP needs to send you a letter that they got a notice and request that you stop downloading copy righted material.
This is the way the process works. I worked in an abuse department for a 200,000+ customer base and we had to send out notices because the company NBC hires sends us a notice and we gotta forward that to you. At no point in time does the ISP give your information to NBC, the letters that these companys send to the ISP doesn't even request your information. Only that the ISP takes action to stop the downloading.
Don't blame your ISP, blame the copyright laws that require them to notify you that they got a notice. - Paradoxt, on 12/13/2007, -7/+103They already screwed over the writers. I guess they ran out of options and turned to you.
- deadbaby, on 12/13/2007, -1/+73The author of this post has no clue what he's talking about. Here's what actually happened:
1) You started a BitTorrent download. Your IP address is visible to anyone including the copyright holders who monitor BitTorrent.
2) NBC, or more likely a company who represents NBC's interests, logged your IP address.
3) Your IP address is owned by your ISP so NBC traced the activity back to that point. They sent your ISP an abuse notification that included your specific IP address which your ISP logs. (who had it, when) Your ISP, under obligation of the DMCA law, is then responsible for your actions. To be safe legally they must pass the liability along to the account holder. If you are sued over this your ISP can say "well, we warned him. Not our problem"
This whole forum post strikes me as typical childish blame deflection. Your ISP is doing what is legally mandated of them by the DMCA. The copyright holder obtained their information from a public source and used public information to track it back to your ISP. At this point, NBC still has no clue who you are. Your ISP is actually doing you a favor here -- they could have said "We don't care. Here's his name, address and phone number. Sue him if you don't like it" You're just deflecting the blame by trying to make this into a personal privacy violation issue which it is not. You got caught doing something illegal. That is all. Be thankful your Dad isn't getting sued for your mistake. - sockpuppets, on 12/13/2007, -7/+60This is incorrect, your ISP didn't give them anything- your ISP is on your side, protecting your information and merely informing you of the notice received of your activity. Your "packet history" was discerned from your torrenting activities.
If you don't want to get in trouble with your parents then stop using bit torrent. - kingwalterii, on 12/13/2007, -3/+55This is dumb. The ISP did nothing, he downloaded/uploaded from/to an NBC agent, NBC caught him, sent a letter to his ISP, and his ISP forwarded. Standard for dmca notices.
- sockpuppets, on 12/13/2007, -1/+45You knuckleheads digging me down need to stop taking the OP's word for it and read the notice he received. He's completely wrong in his assumptions.
From: "PrarieWave Systems Administration"
To:
Sent: Tuesday, December 11, 2007 1:42PM
Subject: DMCA Violation Notification ID# **-********
Bay NBC UNIVERSAL
Subject: Attention Required!! DMCA Violation Notification- Notice ID: **-********
Name: **** ******
Address: **** **** **** **
***** **** SD 577**-****
My name is *** ***** and I am with PrarieWave Communications. We are sending you this e-mail to notify you
that we (PrarieWave) have been contacted by NBC UNIVERSAL. This contact is for violations of their DMCA
(Digital Millennium Copyright Act).
The below file name and time was sent to us to notify us of the violation.
On: 29 Nov 2007
Infringed Work: Shaun Of The Dead
Infringing Filename: Shaun.Of.The.Dead.DVDRip.avi
Was shared or downloaded from your location or IP. NBC UNIVERSAL pictures asks that you stop this action
immediately and that any further instances should result in the cancellation of your services.
PrarieWave does not want to remove your service, and asks that you stop this from our network; distribution or
copying is completely prohibited.
Please contact our support center at 877-***-**** if you have any further questions.
Thanks ***
Sysadmin
For your information here is a link to our AUP:
http://www.prairiewave.com/forms/aup.htm - latrosicarius, on 12/13/2007, -0/+39It sounds like NBC saw someone DLing a movie, did a look up on the IP address and saw that it came from your ISP (PrarieWave). They contacted PrarieWave and told them to tell you to stop. Your ISP then relayed the cease and desist message to you. It does not appear that they "gave" anything to NBC.
You could get in serious trouble for unjust Libel/Slander against your ISP.
And by the way, you said there was only a few people seeding/leeching this torrent? Sounds like a great way to be singled out easily. - milktea, on 12/13/2007, -4/+37Grounded.
- cambob76, on 12/13/2007, -7/+35Looks like fiction to me. But what do I care, here in Canada?
- FaithclubDotNet, on 12/13/2007, -5/+30Look at it this way, you weren't sued for a bajillion dollars like most people are.
- relaxeder, on 04/17/2009, -3/+28http://phoenixlabs.org/pg2/
- DarkDragon, on 12/13/2007, -3/+27I would just set up a program which sends tons of UDP packets which just say "***** NBC" to random IPs in NBC's IP Block.
- takua108, on 12/13/2007, -11/+34None taken; I agree wholeheartedly.
- Gman1223, on 12/13/2007, -2/+22Don't digg this poor guy down! can't you see hes blind? Hes writing in Braille. .... .... :. .. .. .. .; ''.....
- humanerror, on 04/03/2008, -5/+24get off the computer old man
- macbwizard, on 12/13/2007, -2/+21Question: Which ISP do you have?... the article's down.
- DemonSpawn77, on 12/13/2007, -4/+22NBC can go suck a lemon.
- fkr3, on 12/13/2007, -7/+24Failing to successfully pirate a movie is not the same as not pirating. Intent and attempts matter in the real world.
- inactive, on 12/14/2007, -2/+18"Attempted murder? Do they give a Nobel Prize for attempted chemistry?"
- mCanada, on 12/13/2007, -1/+17does "5356 Smartness" = posts or credibility on that board? If so does that mean he's been there a while. That might be an indicator. Or is that some sort of gamertag?
- latrosicarius, on 12/13/2007, -1/+17PrarieWave
- sockpuppets, on 12/13/2007, -1/+17Next time RTFA, the ISP didn't do anything but warn this kid about his own activities.
- whereisian, on 12/13/2007, -2/+17Thanks. I came here to say about that.
- fkr3, on 12/13/2007, -2/+16I think you have a terrible misunderstanding of "streaming". That data is still coming down your line idiot.
- stephenpjc, on 12/13/2007, -4/+18Get Peer Guardian 2, or if you have Azureus, get safe peer
- evodude, on 12/13/2007, -2/+15Says the dude who uses limewire.
- Rolcol, on 12/13/2007, -4/+17eh better a warning than a lawsuit.
- Mitchum, on 12/13/2007, -1/+13You're 40 and you still don't understand your/you're?
At least your heart is in the right place and you support big business's "right" to invade privacy... oh, wait. - TheBigBad, on 12/13/2007, -2/+13--I had downloaded less than 1% of "Shaun of the Dead" (less than an hour of leeching from 0 leechers/2 seeders) before stopping the torrent and deleting the file. I haven't pirated anything since then--
Ummm, yeh, suuuure. - Nereus90, on 12/14/2007, -0/+10I'll bet you 5 billion dollars it's PrarieWave.
- dellwisconsin, on 12/13/2007, -1/+11Ericn84 understands the internet. Too bad the poster doesn't.
- RoboDonut, on 12/13/2007, -1/+10You start with 5000 smartness. You gain smartness for posting, you lose smartness for AOL speak and poor grammar/spelling.
If you drop below a certain threshold, you can't start threads. - evodude, on 12/13/2007, -1/+10You first.
- Cryoniq, on 12/13/2007, -1/+10So do I. That was my first thought reading through it all as well.
- bkool, on 12/13/2007, -1/+10Thank you! I'm glad someone else saw that too. I replied but I guess you got here first.
- crimoid, on 12/13/2007, -3/+12What makes him think that his ISP gave away "packet information"? NBC saw traffic, sent the ISP a DMCA notice, said ISP sends user a cease and desist. The user is totally abstracted from NBC. If anything this guy should be happy that he only got a nastygram from the ISP not a fat pay-up or else letter from NBC
- bkool, on 12/13/2007, -2/+11FTA: "Anyways, as for our ISPs giving our packet data to large corporations without explicitly explaining the possible ramifications of this to their mostly technology-illiterate customers: frightening"
Ok, to the author, the ISP didn't give away your packet data to NBC! NBC probably hired some company to connect to a bunch of bittorrent seeds of their material and see what other IPs were downloading the same content. NBC then sent threatening letters to the ISP associated with the IPs they collected, which then caused the ISP to contact you. The ISP didn't give anything to NBC. - Beatmiser, on 12/13/2007, -1/+10Why would NBC care about you downloading Linux distros? Do they have secret imbedded episodes of 30 Rock that I'm not aware of?
- schoate09, on 12/13/2007, -0/+8Peerguardian is only a mental safeguard, easily catchable.
- fkr3, on 12/13/2007, -0/+8Only because they choose to... you're still infringing their rights when you download.
- bjornski, on 12/13/2007, -0/+8Rather illegal themselves, and will be shut down quickly, due to your flashing their name around on a major website. And I'm sure their user logs and IP lists will be procured also.
Good job! - mykool, on 12/13/2007, -1/+8While they want you not to d/l, it's the uploading that gets you in trouble.
- Ryokurin, on 12/13/2007, -1/+8You are aware that they can still see you are connected, just that they can't actually get information from you. The exact same thing would have happened anyways.
- cybox, on 12/13/2007, -1/+8... which will do absolutely nothing to prevent this. It's not his ISP who logged him doing this, it was either NBC or a company hired by NBC to log IPs of those downloading a torrent. What would help him would be running some software such as PeerGuardian to prevent connections to those watchdogs.
- desqjockey, on 12/13/2007, -2/+9Interesting question- more accurate if they were just holding it open, and if you asked they would tell you what movie was in there and that it was free.
You could argue entrapment, but you would need to prove you would not normally do that and the deal was too good to pass up. Entrapment is a weak argument online because you actively searched for the download, it wasnt calling out to you.
Online you could argue they waived copyright protections by making the copies and setting up the channels to get it free, which is probably stronger.
In both cases Universal doesnt get to run sting operations, only the police do. I cant see the logic in Universal being awarded civil judgments from you downloading the work from this network: they say they are trying to deter piracy, but by giving away content in order to sue the recipient for taking it, and asking for damages several orders of magnitude higher than what its commercially available for... doesnt smell right. - max420, on 12/14/2007, -1/+7You are right. All the people here bashing the ISP y ou are stupid, read the friggin notice. The ISP is just letting the customer know they received a complaint from NBC. The guy was probably using a public tracker. I download movies from private trackers, and i've yet to receive one of these notices. I use to get them all the time when I was downloading stuff from public trackers.
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