Caught Downloading

CliffyG · 28-09-2006, 13:34

Quote:

Dear Sir / Madam,

We have received the following notice from the Entertainment
Software Association, regarding illegal file sharing from a
host on your network.

Please can you take immediate action to prevent further occurrences and
advise when the situation has been fully resolved.

Your prompt attention to this matter is appreciated.

Regards,

Faz

--
Abuse Desk
Pipex Communications

Web: http://www.pipex.net

This e-mail is subject to: http://www.pipex.net/disclaimer.html

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Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA

Attention: Intellectual Property Enforcement
Telephone: 202-223-2400
E-mail: esa@copyright-compliance.com

27 Sep 2006 19:09:02 GMT

ISP: Freedom To Surf plc
ESA Reference Number: 182-353251

Dear Freedom To Surf plc:

The Entertainment Software Association (ESA) is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries (collectively referred to as ESA members). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.

ESA is providing this letter of notification to make Freedom To Surf plc aware of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.

Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its members' rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.

Based on the information at its disposal, ESA has a good faith belief that the IP address below infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringing activities. The copyrighted works that have been infringed include but are not limited to:

Title: Super Mario Bros.
Infringement Source: BitTorrent
Infringement Timestamp: 27 Sep 2006 18:04:12 GMT
Infringement Last Documented: 27 Sep 2006 18:04:12 GMT
Infringer Username: -UT1600-Ú?Ì+7²Ðù»??ü
Infringing Filename: New_Super_Mario_Bros_USA_NDS-pSyDS/psy-nsmb.zip
Infringing Filesize: 14498830
Infringer IP Address: 195.137.86.148
Infringer DNS Name: i-195-137-86-148.freedom2surf.net
Infringing URL: http://www.mininova.org/get/303787

The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available through the above-listed IP address. Those items are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork. Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities, are hereinafter referred to as "Infringing Material."

Accordingly, ESA hereby requests Freedom To Surf plc to immediately do the following:

1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse Policy/Terms
of Service Agreement, including termination of a repeat offender.

Please inform us whether you will remove or disable access to the Infringing Material as requested. Freedom To Surf plc or the account holder may contact ESA at the above-listed contact details, with email preferred. Please include the above-noted Reference Number in the subject line of all email correspondence.

Thank you for your cooperation and prompt response in this matter.

Sincerely,

Intellectual Property Enforcement
Entertainment Software Association

I will be responding later on to say it wont happen again (then make sure i turn off Allow Incoming Legacy Connections in uTorrent) but should i mention that i own the original game anyway so am fully in my rights to own the ROM?

Seems odd that of all the crap i've downloaded in the past i get pulled up on just this 1 download from last night.

Haly · 28-09-2006, 13:37

I don't think you are fully within your rights if you own the original game but Davey will know the law better

I'd suck it up and just say 'I won't do that again sorry' and cover your tracks better next time personally rather than try to argue it.

Davey_Pitch · 28-09-2006, 19:56

Quote:

Originally Posted by Haly

I don't think you are fully within your rights if you own the original game but Davey will know the law better

Correct. Even if you own the original game, you're not allowed to own the rom, simply as it's not legal to make a backup of the original game. As the rom is already illegal, distributing it becomes illegal, as does downloading it. I still believe it to be a very stupid law (not being able to make a backup of software that you own), but it is indeed the law.

Stan_Lite · 28-09-2006, 13:39

OOPS!!!

Stan

Zirax · 28-09-2006, 13:47

Hmmm this is why I use PeerGuardian and Azureus with safepeer, you can block out all known government/RIAA etc ip's from connecting. I have looked them up and they are a US based company, so unless they have some kind of possible enforcement over here?

Its another reason why I am going to switch to newsgroups, they seem to be being left alone at the moment.

petemc · 28-09-2006, 13:51

Hmmm, mininova. Even if you use PeerGuardian etc surely they can still list all the ip's connected can't they?

Daz · 28-09-2006, 13:54

Nope, because you cant make the connection in the first place. I do all my torrent downloaing in a virtual machine wrapped in tin foil, and I've never had any trouble.

Never really looked at newsgroups before. Paying for something illegal just seems daft to me :/

Zirax · 28-09-2006, 15:02

Quote:

Originally Posted by Daz

Never really looked at newsgroups before. Paying for something illegal just seems daft to me :/

I hadn't really considered it until I saw how many e-books/exams there are on there. Its certainly easier to get them over newsgroups rather than BT. Also being able to constantly max my connection appeals as well

I'll look into it a tad more when I get chance, but £8/month isn't too bad for unlimited access

Admiral Huddy · 28-09-2006, 14:55

Ouch! I would have craped myself

I only download porn!

Matblack · 28-09-2006, 15:08

Newsgroups is the way forward

I D/L at 1000kbps and just search one place for you downloads www.newzbin.com

MB

28-09-2006, 13:37	#2
Haly Do you want to hide in my box? Join Date: Jun 2006 Posts: 14,941	I don't think you are fully within your rights if you own the original game but Davey will know the law better I'd suck it up and just say 'I won't do that again sorry' and cover your tracks better next time personally rather than try to argue it. __________________ Halycopter

28-09-2006, 13:39	#4
Stan_Lite Stan, Stan the FLASHER MAN! Join Date: Jul 2006 Location: In bed with your sister Posts: 5,483	OOPS!!! Stan __________________ Just because I have a short attention span doesn't mean I...

28-09-2006, 13:54	#7
Daz The Stig Join Date: Jun 2006 Location: Swad! Posts: 10,713	Nope, because you cant make the connection in the first place. I do all my torrent downloaing in a virtual machine wrapped in tin foil, and I've never had any trouble. Never really looked at newsgroups before. Paying for something illegal just seems daft to me :/ __________________ apt-get moo

28-09-2006, 14:55	#9
Admiral Huddy HOMO-Sapien Join Date: Jun 2006 Location: Chelmsford Posts: 6,692	Ouch! I would have craped myself I only download porn! __________________ I just got lost in thought.. It was very unfamiliar territory. Techie Talk \| My gaming Blog \| PC spec \| The Admirals log

28-09-2006, 15:08	#10
Matblack Baby Bore Join Date: Jun 2006 Location: Svalbard Posts: 9,770	Newsgroups is the way forward I D/L at 1000kbps and just search one place for you downloads www.newzbin.com MB __________________ "we had roots that grew towards each other underground, and when all the pretty blossom had fallen from our branches we found that we were one tree and not two"

28-09-2006, 13:47	#5
Zirax Goes up to 11! Join Date: Jul 2006 Posts: 4,577	Hmmm this is why I use PeerGuardian and Azureus with safepeer, you can block out all known government/RIAA etc ip's from connecting. I have looked them up and they are a US based company, so unless they have some kind of possible enforcement over here? Its another reason why I am going to switch to newsgroups, they seem to be being left alone at the moment.

28-09-2006, 13:51	#6
petemc Moonshine Join Date: Jul 2006 Location: Nr Liverpewl Posts: 4,371	Hmmm, mininova. Even if you use PeerGuardian etc surely they can still list all the ip's connected can't they?