[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

[Jay Lozier]

Scott,

>From what my non-lawyer understanding is that you have not been sued but
RIAA monitors have identified an apparent Comcast IP address that
resolves to you. I say apparent because IP spoofing is known.

The RIAA has sent a demand letter to Comcast. The RIAA will send a
demand letter if they get your address from Comcast trying to shake you
down for money. This is normally does not have force of a court, they
have not filed suit. Pay careful attention to any communication, if the
RIAA decides to sue you will be served court papers and you must reply.
It is unclear to me if they claim you only downloaded or were offering a
torrent link.

I would check the time stamp of the alleged infringement, it may have
occurred at time when you could not have been present (such as at work,
etc).

I would contact Comcast to find out what they are going to do, some ISPs
are notorious for ignoring the RIAA until a subpoena is served.

Also, several courts have recently ruled that the IP address does not
automatically identify the actual infringer and have thrown out RIAA suits.

I know a copyright lawyer in Nashville, TN. If need contact info contact
me off list.

On 06/06/2012 11:25 PM, Scott Castaline wrote:
>
> Just received this , this evening. I'm not sure if it's bogus or real. I
> don't download mp3 files and if I get music I prefer it on pressed
> media. I definitely have not downloaded any Adele songs. The IP seems to
> match but so doesn't my neighbours. Can someone shed some light on this
> for me before I call Comcast and get nasty?
>
> -------- Original Message --------
> Subject:     Notice of Claim of Copyright Infringement.
> Date:     Wed, 6 Jun 2012 21:42:42 +0000 (GMT)
> From:     Comcast Customer Security Assurance <csa-noreply at comcast.net>
> To:     Comcast Internet Subscriber <hscast at comcast.net>
>
>
>
> Notice of Action under the Digital Millennium Copyright Act
>
> Abuse Incident Number:      NA0000044757770
> Report Date/Time:           Tue, 05 Jun 2012 13:04:16 -0500
>
>
> SCOTT CASTALANE
> 1629 AMHEARST MILL DR
> LAWRENCEVILLE, GA  300434755
>
>
> 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 http://www.comcast.net.
>
> Sincerely,
> Comcast Customer Security Assurance
>
> Copyright work(s) identified in the notification of claimed infringement:
>
> Infringing Work : SOMEONE LIKE YOU
> Filename : Adele - Someone Like You.mp3=20
> Filename : Adele - Someone Like You.mp3=20
> First found (UTC): 2012-06-04T20:36:58.90Z
> Last found (UTC): 2012-06-04T20:37:43.08Z
> Filesize  : 4487709 bytes=20
> IP Address: 98.252.209.55
> IP Port: 55794
> Network: BitTorrent
> Protocol: BitTorrent    =20
>
>
>
>
> _______________________________________________
> Ale mailing list
> Ale at ale.org
> http://mail.ale.org/mailman/listinfo/ale
> See JOBS, ANNOUNCE and SCHOOLS lists at
> http://mail.ale.org/mailman/listinfo
>

-- 
Jay Lozier
jslozier at gmail.com

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mail.ale.org/pipermail/ale/attachments/20120607/d5b3cfd5/attachment-0001.html