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DMCA anyone get one of this what is it?

Postby jgeezz » Fri Mar 27, 2009 6:14 pm

Dear Internet Access Subscriber:

Charter Communications ("Charter") has been notified by a copyright owner that your Internet account has been involved in the exchange of unauthorized copies of copyrighted material (music, movies, or software). We are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder.

It is possible that this activity has occurred without your permission or knowledge by an unauthorized user, a minor who may not fully understand the copyright laws, or even as a result of a computer virus. However, as a Charter Internet account owner, you can be held liable for this activity.

As a personal computer owner and a user of the Internet, we ask that you be aware of the following: Violations of federal Copyright law can result in civil and/or criminal liability, including payment of monetary damages, costs and attorneys' fees to the copyright owner. See 17 U.S.C. §§ 504-506. In addition, Charter's Acceptable Use Policy explicitly prohibits copyright infringement by Charter High-Speed Internet users. Specifically, Section 3 states:

NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the copyright owner’s work(s). If Charter receives a notice from a copyright owner alleging any Customer has committed copyright infringement, Charter will notify the Customer of the alleged infringement. Charter may determine that Customer is a repeat copyright infringer if Charter learns that Customer has engaged in online copyright infringement on more than one occasion. Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers.

We ask that you take immediate action to remove the infringing material from your computer and stop its exchange. If Charter continues to receive DMCA notices regarding your account, or if you violate any other clause of Charter's Acceptable Use Policy, we will have no choice but to terminate your account. You may view Charter's rules and policies at http://www.charter.com/site/policies.aspx.

If you need assistance in removing the referenced infringing material, please refer to the Security Center at http://www.charter.com.

If you have any questions about this matter, please contact us at 1-866-229-7286. Representatives will be available to take your call Monday through Friday 8am - 8pm, and Saturday and Sunday 8am - 5pm (CST).

Sincerely,

Charter High-Speed Internet Security Team


Was using EMULE anyone know how to stop this?
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Re: DMCA anyone get one of this what is it?

Postby fjones » Fri Mar 27, 2009 6:43 pm

Switch to Verizon. Subscribing to Charter, or Comcast, or even AT&T these days is like living in Germany during WW2. You're square in enemy territory bro.
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Re: DMCA anyone get one of this what is it?

Postby LANjackal » Sat Mar 28, 2009 11:49 am

I've gotten one of those before, and it was erroneous. The notice claimed I was sharing a popular software product, but it was actually just a video file that had nothing to do with the enforcement agency the original notice came from.

The original notice should have some details on what it is you were allegedly sharing, specifically: filesize and filename. Use the filesize to find the offending file. If it's actually not what the notice said it is, use the anonymous reply option to tell the enforcer that the notice was erroneous and wrong. If it IS what the notice claims it is, stop sharing it and use the anonymous reply to say that the file is no longer available.

As to how to prevent this from happening again, since erroneous notices are possible, there's really nothing you can do. PeerGuardian is an option, but that subject's been beaten to death here over the years and it's effectiveness is debatable at best.
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Re: DMCA anyone get one of this what is it?

Postby Curmudgeon » Sat Mar 28, 2009 5:24 pm

fjones wrote:Switch to Verizon. Subscribing to Charter, or Comcast, or even AT&T these days is like living in Germany during WW2. You're square in enemy territory bro.


Verizon is not immune from the law.They would also have to send a DMCA take down.
This is not a case of charter spying on the user,a third party does the dirty work.
They collect the date/time/IP and forward to the ISP rather than going through the court system.

Charter Communications ("Charter") has been notified by a copyright owner that your Internet account has been involved in the exchange of unauthorized copies of copyrighted material (music, movies, or software). We are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder.
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