ISP Exetel - Fw: Copyright Infringement

[sunkissed]

So I have received the dreaded copyright infringement.

I signed up to exetel at thbe beginning of September, downloaded about 20 gigs worth of music/movies/tv shows etc.

Received this:

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT -
STORAGE, CACHING, OR REFERRAL TO INFRINGING COPYRIGHT MATERIAL
24 Sep 2008 02:58:08 GMT
ESA Reference Number: 182-57166663
TO Exetel:
1. I, on behalf of the Entertainment Software Association (ESA), issue this notice for the purposes of item 1, condition 3 of item 3, and condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and regulation 20I of the Copyright Regulations 1969.
2. ESA is the agent of the owner of the copyright in the copyright material specified in the below Schedule (i.e., game product that is protected by Australian intellectual property law), that is being infringed by material residing on your system or network, cached on your system or network, or referred or linked to by your system or network.
3. I believe, in good faith, that the storage, caching, linking, or referral of/to the infringing copyright material on your system or network is not authorised by the copyright owner or a licensee of the copyright owner, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.

NAME OF AGENT OF OWNER: Entertainment Software Association
ADDRESS: 575 7th Street, NW, Suite 300, Washington, DC 20004 USA

Intellectual Property Enforcement
Entertainment Software Association
(Agent of owner)
TELEPHONE NUMBER: (1) 202-223-2400
FAX NUMBER: (1) 202 223 2401
E-MAIL ADDRESS: mailto:[e-mail]?subject=RE%3A%20Notice%20ID%3A%20182%2D57166663%20ESA%20Australia%20Notice

SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: Based on the information at its disposal on the 22 Sep 2008 15:14:11 GMT, ESA has a good faith belief that 220.233.42.52 infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright. The copyrighted works that have been infringed include but are not limited to:

Title: Might And Magic
Infringement Source: BitTorrent
Infringement Timestamp: 22 Sep 2008 15:14:11 GMT
Infringement Last Documented: 22 Sep 2008 15:14:11 GMT
Infringer Username:
Infringing Filename: Heroes of Might and Magic V NoSN.zip
Infringing Filesize: 219497
Infringer IP Address: 220.233.42.52
Infringer DNS Name: 52.42.233.220.exetel.com.au
Infringing URL: open.tracker.thepiratebay.org:80/announce


LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER'S SYSTEM: The unauthorized copies of such game product(s) appears on or is made available through 220.233.42.52. 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, and depictions are hereinafter referred to as "Infringing Material."

ACTION REQUESTED: In light of the infringing material described herein, ESA hereby requests Exetel 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.
- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>

<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd">
<Case>
<ID>57166663</ID>
<Status>Open</Status>
</Case>
<Complainant>
<Entity>Entertainment Software Association</Entity>
<Contact>Anti-Piracy Enforcement, Intellectual Property Enforcement Manager</Contact>
<Address>575 7th Street, NW Suite 300, Washington, D. C. 20004 United States of America</Address>
<Phone>1(202) 223-2400,1(202) 223-2401</Phone>
<Email>[e-mail]</Email>
</Complainant>
<Service_Provider>
<Entity>Exetel</Entity>
<Address></Address>
<Email>[e-mail]</Email>
</Service_Provider>
<Source>
<TimeStamp>2008-09-22T15:14:11.000Z</TimeStamp>
<IP_Address>220.233.42.52</IP_Address>
<Port></Port>
<DNS_Name>52.42.233.220.exetel.com.au</DNS_Name>
<Type>BitTorrent</Type>
<UserName></UserName>
<Number_Files>1</Number_Files>
<Deja_Vu>No</Deja_Vu>
</Source>
<Content>
<Item>
<Title>Might And Magic</Title>
<FileName>Heroes of Might and Magic V NoSN.zip</FileName>
<FileSize>219497</FileSize>
<URL>http://open.tracker.thepiratebay.org:80/announce</URL>
</Item>
</Content>
</Infringement>
- ---End ACNS XML
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*****************************************************************************************

So, does anyone know anything at all about this scenario?

My housemate downloaded the afformentioned game "Heroes of Might and Modern Magic" for his Mac.

Received this the next day.

Help!

[Josh]

we have to send them out to our customers when it happens. pretty much, you just have to remove the thing that you downloaded and any copies you made.

What happens, is usually the companies who distribute the software/music/movies/books monitor on the BT websites, and get the IP address' that are downloading the material. and then trace the IP to the ISP, and the ISP can tell which customer is doing it, and then yeah, send you this warning.

[sunkissed]

Also, for those who are interested.

My housemate was using BitRocket and downloaded the file from Piratebay.

So Josh, if I get my housemate to delete the file and any associated file will I have any problems in the future?

What does this mean for the future of my downloading?

[sunky]

We got one ages ago, freaked out and thought the feds were after us ... nothing happened.

[Josh]

Yeah, if he removes what he downloaded, and anything associated with it, then yeah you will be good.

In regards to the future, up to you. Like i said, its the publishers/distributors that monitor the Bit torrent sites, LIKE pirate bay... because they will be able to look into the trackers, and see who are downloading the files that are their "copywrited property", and they will just send warnings... we don't get many of these warnings, but everynow and then we get them... and just fwd them onto the customer.
keep using how you do, it should be fine

[AlmostOz]

cough cough warez-bb.org / rapidshare.com / flashget.com put all three together


noone uses bit torrent anymore and they can't see what you are downloading this way, and much more available, and it doesn't cost much, and it gives you the maximum speed your connection can handle all the time.

BT SUCKS

oh
cough cough

[boelsen]

but lots of people, and i'm sure more people, use torrents than rapid share, and its free

i dont wanna pay for an illegal download of something i might buy later if i like

[AlmostOz]

but as you pointed out $11 a month is nothing or 27 for 3 months.

At least seeds don't disapear halfway through your downloads


I share my rs account with a friend in New Zealand, rs.com hasn't picked up on that so it only costs us $5.50 each a month

[scotopic lux]

There is a boy i work with who has received a couple of these notices, i think one for a movie and one for a game. Nothing happened from them, but it sounds pretty scary. Does anyone know if someone has had action come from a similar notice?

[sunkissed]

Well, if that's the case can you give me your review of rapidshare? I've been looking all over the net for reviews but none of them have been very helpful.

Is this the best site for what I want? ie; music, tv shows and movies...

Thankeee

[brendo]

well for starters, the way you're talking about it.... ok, so rapidshare is a delivery method, they dont actually upload the content, you need to couple it with a forum or something that has rapidshare links on it.

[Josh]

what he said ^^

[AlmostOz]

ok i was being cryptic for three reasons

1: i don't want ozphoria to get in trouble
2: I don't want to get in trouble
3: I don't want hordes of people finding out about this way, as we all know what happened when the mainstream started using napster, and then kazaa, and then limewire, and now torrents - they get taken down or get viruses put all through them by the mpaa and riaa cartels.

so if your interested pm me and ill speak to you about it in private, but yes it will get you everything you want, faster than torrents for a small fee. (you'll wonder why you ever used a torrent)

but im not willing to speak about it in the open forums, just on the off chance.

[gog1977]

Exetel?!? Worst ISP I have been with! I wouldn't recomend these scum to anyone!

Change provider to a more P2P freindly ISP. I doubt there will be many issues after that. Check out Whirlpool for more information. whirlpool.net.au

[AlmostOz]

tpg doesn't do that either me hearties, arrrr