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possible way out when your informed you downloaded illegal file by your isp
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scorcher
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17. May 2005 @ 09:34 |
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From what I've seen of most lawsuits and isp notifications that people post your isp usually notifiesy you first that they have been notified by mpaa/riaa that you downloaded a specific illegal file, usually a movie or a song. It is actually legal to download a song if you already own the cd. The same goes for movies I assume. What is to prevent you from going out and quickly buying the cd or dvd that you have been caught downloading and just informing your isp via email you actually own the cd/dvd. It would be very hard to ask for a reciept and you can even probably get away with saying i dont remember at all which store i bought it from.
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Member
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17. May 2005 @ 10:51 |
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Except that most of the stuff people download isn't out to buy yet !
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scorcher
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17. May 2005 @ 11:09 |
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thats a good point. I know you can usually get audio cds before there released, usually not dvd quality video though. Its usually more of the new york bootleg stuff with someone holding up a video cam in a theater. I know a lot of people that wait for stuff to be released also though so they can get the real version with the right bitrate, format, or offical version of the game too. That said theres definatly a chunk of people out there getting everything before its released. Anyways, provided that the media whether it be a game, music cd, or movie was already released and being sold though, would this method (the one in the origional post)work?
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17. May 2005 @ 11:23 |
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It all depends on what method ya use to download said material- if you use torrents, you upload as you download-hence filesharing. However, if you use IRC, there's no uploading. It's the uploading that will get you into bother with your ISP. Everyone screams 'Fair Use' on having a copy of something you own- if you own it, why not just MAKE a copy of film/game/cd. See my point ?
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scorcher
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17. May 2005 @ 14:44 |
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Technically speaking you cant use bittorrent to legally download copyrighted material that you have purchased because your also uploading it to others then. I wonder if someone could pleade ignorance and say the cd got scratched or something and so they were downloading another legal copy not releazing thye were also sending it to others.
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AfterDawn Addict
1 product review
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18. May 2005 @ 04:22 |
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Quote:
I wonder if someone could pleade ignorance and say the cd got scratched or something and so they were downloading another legal copy not releazing thye were also sending it to others.
No Offence, but that sounded kinda lame. You should edit it out..
-Mike.
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scorcher
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18. May 2005 @ 08:44 |
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So your saying it wouldn't work to go out and buy a cd, dvd, game after your caught downloading it? The claim should work because usually they only are talking about 1 specific file. Its very possible that a cd you did own became scratched or runed therefore you decided to redownload it which would be legal. I guess the uploading thing is a lot more sketchy though. Possibly though if it was through bitorrent you could say that you were just trying to download something you legally owned and diddn't realize it also uploaded to others at the same time. Heck theres literally thousands of people who don't even know how to turn the upload feature off on kazaa and all that junk. Not saying it would get you out of it completly if you uploaded too, but it might allow for a settlement or something so it dosen't get turned into a big deal.
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oasis13
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18. May 2005 @ 10:29 |
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I thought you get a warning from your ISP and if you do it again you get sued. To me that means download like hell and if you get a warning change ISP or stop downloading?
ps. Would using newsgroups be safe as nothing is uploaded then?
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scorcher
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18. May 2005 @ 10:35 |
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Yeah im not sure Most people just get warnings I'm not sure what it takes to get sued vs just a warning. You hear all these horror stories about people being sued and never being given a warning by there isp. It seems that MPAA gives warnings to your isp first. RIAA just sues. This is just my guess though. Anyways I dunno about newsgroups mIRC is pretty safe though at least compared to KaZaa and all of that. 1 no uploading. 2 people use mIRC for a lot of other stuff like chatting, gameing mettings, sex, the list goes on and on. I really don't think anyone wants to go through all that crap literally millions upon millions of lines of text a day and probably legally sends too just to find a few people. It seems to me that they go after the easy to use programs like kazaa winmx etc where the majority of the people are. Just my assumption I could be wrong.
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scorcher
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18. May 2005 @ 10:40 |
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Plus I've heard before and its been said here that noone has been sued yet for downloading though it is illegal. All of the lawsuits have revolved around uploading. The company only wants to waste their time and money in court to stop people who are costing them a large deal of money. Someone sending out 100+ copies of a movie or song a day can be costing the industry thousands of year. Someone who downloads one quickly themself and never uploads it costs them about no more than $15 in a loss. In general they are both illegal don't get me wrong, but just dont upload and your fine. I assume the big guys that are uploading tons of files must have some way to completly mask their ip or change it to what they want so it can't be trace back to their isp.
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AfterDawn Addict
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18. May 2005 @ 15:02 |
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If Uploading was stopped, then downloading would cease to exist. Simple as that.
As for that whole lame CD damaged etc. Thats why you make backups of those discs, incase of the event where they get damaged.
-Mike
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scorcher
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18. May 2005 @ 20:36 |
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Obviously we couldn't download if noone was uploading and it may be a poor attitude, but as i was saying to the other person if he dosen't want to get caught as easily simply can say screw everyone and just leech it. Besides to be a good mirc host you need to have a good high speed connection, broadband dosent really cut it when you are trying to distribute a movie to 30 people at once. As for the lame CD scratch excuse not everyone does that infact i dont know anyone who makes backup copies of any of their music cds, dvds, etc. And I want to say that at least half the people with dvd copying progs are just using them to copy rentals not make backups of their own. Anyways what I was trying to get at is like it or not you have the legal right to download a cd if you already own it. I've read this all over the place. It would be hard for them to prove that you don't diddn't own it at that time if you say you did.
This message has been edited since posting. Last time this message was edited on 18. May 2005 @ 20:37
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scorcher
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18. May 2005 @ 20:40 |
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Heck if your a college student you could say you left your cd at home and rather than having it sent out to you, you just downloaded the songs from the cd at college. Like I said from the warnings the MPAA sends out its always been over one file, if its the RIAA and they say we have you on 50 counts your shit out of luck. I'm just talking about getting caught for 1 count of it.
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AfterDawn Addict
1 product review
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19. May 2005 @ 03:59 |
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Quote:
Obviously we couldn't download if noone was uploading and it may be a poor attitude, but as i was saying to the other person if he dosen't want to get caught as easily simply can say screw everyone and just leech it.
If he's that paranoid about getting caught then he shouldn't use P2P programs, when you use P2P apps, your taking a big risk.
The chance of YOU getting caught is very slim.
You should get some protection. eg. PeerGuardian, ProtoWall, Firewall, a proxy etc.
-Mike
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oasis13
Newbie
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19. May 2005 @ 08:35 |
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my isp puts me behind a transparent proxy i think, does that make me any safer?
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scorcher
Suspended due to non-functional email address
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20. May 2005 @ 06:17 |
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That depends If when you go to a websight that looks up your ip it gives you an ip which can be traced back to your isp then your probably no better than the next guy, but im not positive. Chances are if the websight sees your ip then p2p and everything else will 2 and its really easy to check where someones ip came from once you have it so it just depends where it "says" its coming from.
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scorcher
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20. May 2005 @ 06:21 |
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Oh btw I have a new quick question guys. MPAA is defending the movie industry and even a lot of tv shows. RIAA is defending music companies and handeling though lawsuits. Is anyone suing on behalf of the software and game companies? Like is there any orginization or anything? Chances are each individual company dosent have people monitoring the web and all p2p forms to do lawsuits. It tends to be am orginization that handles that kind of stuff unless you are selling software and all that. I hear all about mpaa and RIAA lawsuits, but never anything for games and software. You think it would be opossite because software costs so much more.
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Horshak
Newbie
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21. May 2005 @ 14:45 |
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I downloaded the ep 3 movie off of bit torrent wednesday into thursday morning..(12am-8:30am download).....was wondering what are the odds of me getting caught and subsequently sued by the almight MPAA....if I delete the file am I safe??or what steps do I take now to ensure I dont get caught??or am i kidding myself?...
This message has been edited since posting. Last time this message was edited on 21. May 2005 @ 14:46
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AfterDawn Addict
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21. May 2005 @ 23:41 |
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It doesen't matter if you delete the file, your IP was shown on every peer's bittorrent client who was also downloading the same .torrent as you.
So no, you've already downloaded it so it doesen't matter if you do or not.
Don't get so worried about it, I know their trying to give out hefty fines but the chanes of YOU getting caught, are pretty slim.
Their are ways to protect yourself but not 100%.
Look on google for ProtoWall. Download it, install it, then follow these instructions to fix the driver issue :
After you have ran the ProtoWall.exe you will have to install the driver manually.
The ProtoWall Driver requires a manual install; here are the steps to take to install the driver.
1. Start > Control Panel > Network Connections > There you should see Local Area Connections
2. Now Right-hand click on the Local area connections and go to Properties.
3. Here is where you need to install the ProtoWall driver.
*note*
If the ProtoWall Driver is installed in the window under "This connection uses the following items"
you will need to uninstall it first if you have never installed ProtoWall previously. You can do this by
highlighting the ProtoWall Driver and hitting the uninstall tab. Once the driver is uninstalled you can
continue with the ProtoWall manual driver install.
4. Now hit install
5. Select Network Component type screen should pop up.
6. Highlight "Service" in that window, where it gives you 3 options,
1.Client, 2.Service, 3.Protocol
7. Hit add
8. Select Network Client should pop up
*Note*
In this window "do not highlight the ProtoWall driver" that is in the window and Proceed to step #9
9. On that screen you will have to hit the "Have Disk.." button
10. Now a new screen should pop up "Install from Disk"
11. On that screen hit "Browse.."
12. You will need to browse to C:/Program
Files/Dudez/ProtoWall and choose the driver for your Operating System,
*for example*
If you have an xp operating system choose the xp_driver folder and if you have win2k choose the win_2k driver folder.
13. When you get to the xpdriver folder you will see 2 files
1. ProtoWall
2. Protowall_MP
14. You will need to choose the ProtoWall.inf not the ProtoWall_mp.inf
15. once you highlight the ProtoWall.inf you will need to hit the open button
16. At this Point you will get a digital warning popup asking you if you want to install an unsigned driver
you need to hit continue anyway for these warnings, Most users get 4 of these warnings
17. At this point you should lose net connection while the driver installs but will be only for a few seconds
18. The driver should be installed
If this does not work Please try this:
uninstall the ProtoWall Driver in network connections again.
Now in MyComputer browse to.
C:/ProgramFiles/Dudez/Protowall/ and rename the xp_driver forlder to xpdriver without the _ between xp and driver and try the manual install once more.
If this does not work please refer to the ProtoWall help file for further instructions.
-Mike
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Horshak
Newbie
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22. May 2005 @ 09:47 |
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sounds good thanks....Im really curious about one other thing....for the sake of argument...whats the procedure when someone is caught?how long does it take to find out if you are in trouble?and how many people have been busted already?....Im overly paranoid(I know)
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