LG John

Ok guys, a lad I know has just received an email for Paramount regarding his use of Kazza (or similar) to download films. The email was very much in legal speak and Paramount also sent a copy to his service provider (BT Broadband) who have also emailed him. I’ve heard of this situation a few times before so my question is what happens from here, etc? Does he have any defence? For what its worth I’m pretty sure he’s downloading the movies for his own enjoyment rather than any financial gain.

LG John

Oh, and before anyone starts this isn't me doing the, 'my friend' thing. My broadband doesn't have the bandwith to bring down films as its too busy downloading all the **** on the net

Luke

Tell him to remind BT of the data protection act.

MJW

AFAIK the legal issues with Kazaa tend to centre around people providing files for download, rather than the actual act of downloading them, so this case seems a bit strange. Tell him to make sure he has the super-node option set to off to be on the safe side.

rik1471

How did they get his details?

NACRO

Sounds like a wind up to me.

ChrisB

So Mr "P2P Expert" Luke, who says they got his details from BT?

class_A

They will have his IP and a timestamp. Even if he doesn't use static IP, BT will just check the DHCP logs to see which router/line got allocated that IP at the time of the offense.

Strictly speaking, downloading films = breach of copyright. As stated, if he is providing films for download he is probably in an even worse situation. I'm not preaching here, just stating what's what.

Maybe go and buy the films cited in the letter on DVD, scratch them, then claim you were only trying to replace a damaged original which you legally own (won't stand up in court, but might help slightly).

Good luck

SiDHEaD

Big bully *****. Assuming its real and not someone on the wind-up. Its very easy to fake emails

Andy

Hobo_Jojo

aye could be a wind up... its easy to email via telnet "from" a different address

LG John

Cheers for the advice so far I'm sure I read something in the papers once about Paramount doing this, hence it not being a windup

akshay67

Can he get a look at the email headers? He needs to see if the source IP address has same domain name as email senders.

Sounds like a hoax tbh.

Geddon

Thought they were only suing people in the US. I don't think Paramount or other co.s like that can do anything from over there can they?
Are they really going to bother sending lawyers over for a few films being downloaded - I think not. Maybe if you were supplying them to all men and his dogs but that doesn't seem to be the case.
I wouldn't worry bout it too much.

dosenöffner

A recent case hads gone through the courts in the Hague. The ruling was it is not illegal to download films. It is illegal to upload films. As long as he isn't sharing any files he is fine. But it could be a headache proving the fact.

BuRR

Not a hoax AFAIK

I know someone who had a letter in relation to them downloading "Underworld" using Direct Connect.

Another BT customer

krazy

Did they actually threaten legal action?
Only one's i've heard of were just letters sent from the isp's telling their customers to remove the files or threaten termination of service. I thought that is was mainly ntl thou, and us based isp's aol etc that would give out names etc?
But its been on the cards/threatened for a while now, certainly elsewhere in europe have been trying 2 stop it.
So saxoboy all this **** not copyrighted then?


[Edited by krazy - 1/8/2004 6:45:09 PM]

lightning101

Just phone BT and ask tell them you want to discuss the reference number on the letter in question, but don't tell them what the letter says. If its real they will be able to cross-reference it and tell you so.

zhastaph

I changed my email address info and emailed my mate proclaiming it to be from FAST when he was searching the net for info on backing up PS2 games.

Kept me amused for days

RichiW

My m8 had oone very similar, using e-donkey though. They are real, beleive it!

Interesting that about Direct Connect Steve, i presumed that was alot safer than the more traditional P2P clients.

boomer

This isn't a variation of the current Bogus FBI Warning is it???

mb

i8gtmf

Had something similar from bt about a year ago for something my son had downloaded.
Had time dates ip adresses file name and sizes,They just said don't do it again and delete the file.I also gave my son a slap cos he wasn't supposed to be using my computer.

hedgehog

It would be interesting to see confirmation of this as in the US the ISPs are fighting against the media companies and not naming users. For the media company to have his name and address they must have got it from BT. This implies that BT are supplying this information, though as far as I know there is no legal precendent in the UK that they have to do this and I would think the DP Act would actually make it illegal for them to do it.

With this in mind your mate might care to change to another ISP in the first instance. I suspect that there are also various free speach/liberty type organisations fighting this sort of thing and so he may also care to check out their web sites.

Interesting though as I'd never heard of this happening in the UK.

dsmith

Free Speech & LIberty orgainsation campaigning to allow people to continue to break the law as and when they want to ?

I make use of the odd copied game/cd/dvd/software myself but I dont go round kidding myself its my god given right to take anything I fancy simply because the technology is available to do it. Funny how people take a different view when some ****** twocs your car - he has the technology to do as he pleases aswell but its not seen in the same light really.

Deano

J4CKO

iTrader: (1)

Dead easy to fake that, just Telnet to your providers mail server and have a prod with SMTP, just create a script in wordpad and paste it into telnet, thus

HELO There
mail from: "legal@paramount.com"
rcpt to:"Somebody you want to spam@home"
data
subject: You are a very naughty boy

It has come to our attention that you are robbing us blind you little turd, now stop it

Chuck U Farley (Attorney at law for Paramount Pictures.
.
quit