pwnd @ cu

Dec 01, 2006 18:16

From: @columbia.edu
Subject: Case HD0000000372827 -> Copyright abuse allegation
Date: December 1, 2006 9:39:00 AM EST
To: kar2112@columbia.edu
Cc: @columbia.edu

Network records indicate that your computer has been involved in a copyright infringement incident reported to Columbia University. This report can be seen at the bottom of this message.

If we do not hear from you within two business days, your Internet service will be suspended.

In order to resolve this case, you will need to READ THIS MESSAGE CAREFULLY and follow the instructions provided within two business days.

You are responsible for knowing all of the information contained below.

Please note that under the Digital Millennium Copyright Act a copyright owner can request the issuance of a subpoena by a Federal district court, even after sending the report that led to this notice, which would require the University to provide your name to the copyright owner. If a subpoena has not been issued, CUIT will not disclose your name or any other personal information to any outside agency.

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How did Columbia University become aware of this incident?

All Internet providers, including universities and commercial ISP's, are
required to register an address with the federal copyright office. This
address can be obtained by anyone who wishes to register a complaint about
infringement upon a copyright they hold.

Major motion picture studios (Fox, Warner Brothers, Universal City
Studios, etc.), the Motion Picture Association of America, the Recording
Industry Association of America, the Interactive Digital Software
Association, and similar groups hire third party companies to monitor file
sharing networks, such as Kazaa's FastTrack network, and Limewire's
Gnutella network. IRC channels and BitTorrents are also monitored.

These companies search for infringing files using popular peer-to-peer
filesharing programs and report what they find to the Internet providers,
who must act on the complaints.

Is it illegal to use programs like Kazaa?

The programs themselves are not illegal, but they allow you to engage in
many illegal acts.

Is it illegal to download music, software and movies?

Yes, in nearly all cases it is illegal to obtain these files - in any
form - without paying for them. For music files, you must buy the CD or
subscribe to a download service where you pay by the number of songs you
download; the only exception is for bands who allow their fans to trade
copies of live shows (but not of their commercial CDs) which fans
themselves have taped. For movies and TV shows, you must buy the VHS or
DVD copies. For computer software, you must purchase the CD with all the
documentation, unless it is explicitly stated that it is a "shareware" or
"freeware" program.

If I own the DVD of a movie, and I want to watch it on my computer, why can't I download it from Kazaa?

Because the person who is sharing the file is doing so illegally. If you
obtain it through illegal means, it cannot become legal because you own
the DVD. If you want to store a copy of a DVD movie on your computer, you
need to obtain software which allows you to "rip" the files to a computer
hard drive.

If I "rip" a DVD that I own to my computer, can I still get in trouble for having it?

Only if you allow access to it by other people. If it is in your "Shared
Folder" in Kazaa, for example, other people can download the file, and you
will be breaking the law.

If I am just downloading files, but not sharing anything, how would anyone know? Isn't that safe?

Actually, Columbia University has received many complaints about students
who insist they were not sharing any files. Kazaa and other programs share
files automatically, and it is possible to be caught while downloading.

Why am I being singled out, when everyone I know uses these programs?

Columbia University did not single you out. The infringing files were
found by an enforcement agency that passed the complaint to the
University. We are upholding our responsibilities under the law with our
current course of action.

Columbia University does not monitor its network for content. We have
measures in place to prevent people from using large amounts of the
network bandwidth, but we do not monitor or review content.

Is this copyright infringement serious?

It can be. The companies who hold the copyrights have the legal right to
have subpoenas issued to obtain personal information about the people
infringing upon their copyrights. If a company wished to do so, Columbia
University would have no power to stop them from seeking legal action
against a student who was found to be violating the law.

Furthermore, a repeat offense (a second complaint traced to you) will
initiate a formal disciplinary hearing by the Dean of Students for your
college. Such a hearing can have significant consequences on your
academic career.

What do I need to do now?

You will need to confirm that you are in compliance with the law. You
must delete any copyrighted files that you do not have the right to
possess or acquired illegally. To paraphrase the information already
provided, if you do not own a purchased copy of any given media, you
do not have the right to possess it.

Once you have destroyed any infringing files, we request that you do
not use file-sharing software anymore. As stated previously, Columbia
University does not monitor the content of its users, so we will not make
this an absolute demand. However, the consequences of a second offense (a
formal hearing with your dean) should be enough to convince you that it is
not worth the risk. Keep in mind that although Columbia University does not
monitor content, copyright owners do.

It is also important that you understand Columbia University's policy on
computer ownership: all traffic which originates from a computer you own
is your responsibility. So if other people have access to your computer
(friends, roommates, etc.) and one of them downloads something which
triggers a complaint, it will be your responsibility because it is your
computer. Keep your operating system up to date with the latest patches,
since a compromised machine can be configured by an attacker to distribute
copyrighted material.

When you are in compliance with the law, you will need to send an email to
signify your compliance, and to assure us that there will not be any
future offense.

Copy the following text, filling in your personal data where necessary,
and email it to:

copyright-abuse@columbia.edu

Send only the requested text, and do not reply to this message. It must be
sent from your Columbia email account, and it must be addressed to
copyright-abuse@columbia.edu, or else we cannot assure that it will be
processed properly. Make sure that the subject of the email is
Case [fill in from subject line] to insure proper handling of your case.
If we do not get this response within two business days of your receiving
this email, your Internet access will be suspended.
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Case [fill in from subject line]

My name is [firstname lastname] and I was recently suspected of copyright infringement. I reside in [dorm and room number]. This email is to signify that I am currently in compliance with the copyright infringement laws (DMCA) and do not possess media files (mp3, video (television shows, movies, etc), computer software, etc) on my computer that I do not also own in a purchased format (i.e. compact disk, VHS/DVD video, etc). I also understand that sharing other people's intellectual property without their explicit permission is illegal, and I will not engage in such activity.

Thank you,

[signed]

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Then later...

This infringement notice contains an XML tag that can be used to automate
the processing of this data. If you would like more information on how to
use this tag please contact BayTSP. Evidentiary Information:
Notice ID: 17969190
Recent Infringement Timestamp: 3 Nov 2006 04:03:46 GMT
Infringed Work: Collateral
Infringing FileName: Collateral - Proper DVD rip [XviD].avi/Collateral -
Proper DVD rip [XviD].avi Infringing FileSize: 976351232
Protocol: BitTorrent
Infringing URL:
Infringers IP Address: ***************
Infringer's DNS Name: ********************
Infringer's User Name:
Initial Infringement Timestamp: 3 Nov 2006 04:03:46 GMT

Awesome.
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