Skip to content

Did You Receive A Notice Of Infringement?

December 15, 2012

This article details the types of copyright infringement warnings and lawsuit notifications that are currently being sent to hundreds of thousands of internet subscribers who are violating US copyright law using “filesharing” software.  This website has links for information on how to contact an attorney if you have ignored the types of settlement offers detailed below and actually received a lawsuit of the type listed below.

Distributing copyrighted material on BitTorrent, uTorrent, Vuze or Frostwire is against United States Federal law. In the US, the copyright owner has the exclusive right to determine who may distribute their copyrighted material under US Federal law 17 USC 106.

17 USC § 106 – Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

Using “filesharing” software like BitTorrent, Vuze or Frostwire violates two elements of this law because it both copies and distributes files. If you record a song, or make a movie that you own and control, you can “share” it with BitTorrent, Vuze or Frostwire and there is no problem. You cannot “share” music and movies that you do not have the rights to share.

If you do so, you have opened yourself up to the threat of lawsuit. Two hundred thousand people have been sued for “sharing” copyrighted material on the internet without permission since 2010.

There are several types of warnings you may receive.

One type of warning is an offer of settlement. With a settlement offer, you are not yet being sued. You are being given an opportunity to resolve the matter with the copyright owner prior to any legal action.

Here is a sample settlement offer:

From: DMCA@DigitalRightsCorp.com

To: **************@******.com

**NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***

Re: Unauthorized Use of Copyrights Owned by MINGUS MUSIC WERKSHOP

Reference#: TC-1615d2d9-22d5-44fa-baed-4bd750ab7*** 2012-12-08 00:22:40.0

Dear Sir or Madam:

Your ISP has forwarded you this notice.
This is not spam.
Your ISP account has been used to download, upload or offer for upload copyrighted content in a manner that infringes on the rights of the copyright owner.
Your ISP service could be suspended if this matter is not resolved.
You could be liable for up to $150,000 per infringement in civil penalties.

The file 01 Remember Rockefeller at Attica.ogg was infringed upon by a computer at IP Address 108.46.62.8 on 2012-12-08 00:22:40.0 .

We represent the copyright owner.
This notice is an offer of settlement.
If you click on the link below and login to the Rightscorp, Inc. automated settlement system, for $20 per infringement, you will receive a legal release from the copyright owner.

1. Click on this link or copy and paste into your browser:

https://secure.digitalrightscorp.com/settle/TC-1615d2d9-22d5-44fa-baed-4bd750ab7***

2. Enter this password: HZs2***

Rightscorp, Inc. represents the following ‘copyright owner(s)’ MINGUS MUSIC WERKSHOP (‘MMW’).

MMW is an owner of copyrights for Charles Mingus musical compositions, including the musical compositions listed below. It has come to our attention that Verizon Online LLC is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file ‘swapping’ or other similar activities) of MMW’s copyrights listed below is taking place.

This unauthorized copying and/or distribution constitutes copyright infringement under the U.S. Copyright Act. Pursuant to 17 U.S.C. 512(c), this letter serves as actual notice of infringement. We hereby demand you immediately and permanently cease and desist the unauthorized copying and/or distribution (including, but not limited to downloading, uploading, file sharing, file ‘swapping’ or other similar activities) of recordings of Charles Mingus compositions, including but not limited to those items listed in this correspondence.

MMW will pursue every available remedy including injunctions and recovery of attorney’s fees, costs and any and all other damages which are incurred by MMW as a result of any action that is commenced against you. Nothing contained or omitted from this letter is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of MMW’s rights or remedies, all of which are specifically retained and reserved. The information in this notification is accurate.

We have a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive rights that have been infringed. While MMW is entitled to monetary damages from the infringing party under 17 U.S.C. Section 504, The MMW believes that it may be expeditious to settle this matter without the need of costly and time-consuming litigation.

In order to help you avoid further legal action from MMW, we have been authorized to offer a settlement solution that we believe is reasonable for everyone.

To access this settlement offer, please copy and paste the URL below into a browser and follow the instructions for the settlement offer:

https://secure.digitalrightscorp.com/settle/TC-1615d2d9-22d5-44fa-baed-4bd750ab7***

Password: HZs2***

Very truly yours,

C**** S***

CEO

Rightscorp, Inc.
3100 Donald Douglas Loop, North,
Santa Monica, CA 90405
Telephone: (424) 234-3150

** For any correspondence regarding this case, please send your emails to DMCA@DigitalRightsCorp.com and refer to Notice ID: TC-1615d2d9-22d5-44fa-baed-4bd750ab7***.

If you need immediate assistance or if you have general questions please call the number listed above.

Infringement Source: Torrent

Timestamp: 2012-12-08 00:22:40.0 GMT

Infringers IP Address: 108.46.62.8

Infringers Port: 14210

Listing of infringement(s) (Title/Filename/Timestamp/Hash): REMEMBER ROCKEFELLER AT ATTICA | Copy of 01 – 01 Remember Rockefeller at Attica.ogg | 2012-12-08 00:22:40.0 | SHA1 |

Here is another sample settlement offer: 

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 pornographic 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: xxxxxxxx
Infringement File Name: xxxxxxxxxxxxxx
Infringement Hash: xxxxxxxxxxxx
Infringement File Size: 1468796445 bytes
Infringement Protocol: BitTorrent
Infringement Timestamp: 2010-12-27 06:25:23 North American Eastern Time
Infringers IP Address: xxxxxxxx
Infringers Port: 57562

The following files were included in the download:
File 1: xxxxxxxxxxxxx
File 2: xxxxxxxxxxxxx
You are hereby notified that your unauthorized copying and/or distribution infringes the registered copyrights of Third Degree 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 Thursday, February 10, 2011 to access the settlement offer and settle online. To access the settlement offer please visit http://www.copyrightsettlements.com/ and enter Case #: xxxxx and Password: xxxxxx. To access the settlement offer directly please visit https://www.copyrightsettlements.com.

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/
Settlement Website: http://www.copyrightsettlements.com/

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 Third Degree’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 Third Degree.

Sincerely,

D*** S*******
Copyright Enforcement Agent

Copyright Enforcement Group, LLC

___________________________________

The prior two examples are warning letters.  The statute of limitations on civil copyright cases is three years from the date the infringement is identified.  The infringer could be sued for up to three years from receiving a settlement offer and not accepting the offer of settlement. The next type of letter is notice that an actual lawsuit is pending.

Here is an example of such a letter.

 Here is another example of such a letter.

 

The purpose of the warnings at the top of the post is to avoid the actual lawsuit proceedings detailed in the lower two letters.  This website has links for information on how to contact an attorney if you have ignored the offers of settlement and actually received a lawsuit.

__________________________________________

The third type of notice is simply a warning with no pending legal consequences.

Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over Comcast’s High-Speed Internet service (the ‘Service’). The copyright owner has identified the Internet Protocol (‘IP’) address associated with your Service account at the time as the source of the infringing works. The works identified by the copyright owner in its notification are listed below. Comcast reminds you that use of the Service (or any part of the Service) in any manner that constitutes an infringement of any copyrighted work is a violation of Comcast’s Acceptable Use Policy and may result in the suspension or termination of your Service account.

If you have any questions regarding this notice, you may direct them to Comcast in writing by sending a letter or e-mail to:

Comcast Customer Security Assurance
Comcast Cable Communications, LLC
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054 U.S.A.
Phone: (888) 565-4329
Fax: (856) 324-2940

For more information regarding Comcast’s copyright infringement policy, procedures, and contact information, please read our Acceptable Use Policy by clicking on the Terms of Service link at »www.comcast.net.

Sincerely,
Comcast Customer Security Assurance

Copyright work(s) identified in the notification of claimed infringement:

Title: American Reunion
Infringement Source: BitTorrent
Infringement Source: BitTorrent
Initial Infringement Timestamp: 05 Jul 2012 21:13:30 GMT
Recent Infringement Timestamp: 05 Jul 2012 23:04:35 GMT
Infringing Filename: American Reunion [2012]ENG[BRRip]XviD-{RedDragon}
URL if applicable:
Infringing File size: 771008982
Infringers IP Address: XXX.XXX.XXX.XXX
Bay ID: ef4ff06ca8d8a08e60a0c12aae6d0f08ba45b454|771008982
Port ID: 34901

 

About these ads

From → miscellaneous

Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: