my client has received a notice from their ISP (Cogent) that they have been contacted by a media company that copyrighted material was downloaded to my clients network. All they provide is my clients public IP and some file names of the copyrighted material. The offer a settlement. I am fairly sure I won't be able to find out if anyone actually download these files or who did it. We have a guest WiFi network which uses the same PUBLIC IP, so it could have been anyone visiting our office.
I already blocked torrent traffic on our firewall to prevent this from happening again, however, how do I proceed with the copyright infringement notice?
This is the notice we received:
"Attached is a complaint received by the Cogent Communications Internet abuse department. It appears that this complaint is ultimately intended for you or one of your customers. Please respond to the complaining party within 72 hours and provide a copy of the response to us.
We are not taking any position concerning the validity of this complaint or what, if any, actions you should take in response to it.
However, please remember that when utilizing service provided by Cogent Communications, you are required to comply with our Acceptable Use Policy, and a violation of that policy may be considered a violation of the terms of your customer agreement with us. Our AUP policy can be found at http://www.cogentco.com/en/acceptable-use-policy
Please respond with your plan of action.
Cogent Communications, Inc.
The complainant's e-mail address of record is:
***NOTE TO COGENT COMMUNICATIONS: PLEASE FORWARD THIS ENTIRE NOTICE TO ACCOUNT HOLDER OF IP ADDRESS xxx.xxx.xxx.xxx at 2014-11-12 16:22:15 North American Eastern Time***
November 13, 2014
Re: Notice of Unauthorized Use of Copyrights Owned by MG Content RK Limited DBA Reality Kings, Case #: P105372091
CEG TEK International ("CEG") represents MG Content RK Limited DBA Reality Kings, who owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the "Work").
For independent confirmation that CEG is authorized to represent MG Content RK Limited DBA Reality Kings, please visit: http://www.realitykings.com/cegtek-cert.htm
(Some individuals may find certain words in titles
of works to be offensive. CEG apologizes in advance if this is the case.)
This notice is intended solely for the primary Cogent Communications service account holder. Someone using this account has engaged in the unauthorized copying and/or distribution of the Work listed below.
Work Title: Gf Revenge 6
Copyright Owner: MG Content RK Limited DBA Reality Kings
Unauthorized File Name: GF Revenge 2012-2014
Unauthorized Hash: 3de5c836b38f7297d61536c8eb
Unauthorized File Size: 19631344366 bytes
Unauthorized Protocol: BitTorrent
Timestamp: 2014-11-12 16:22:15 North American Eastern Time
Unauthorized IP Address: xxx.xxx.xxx.xxx
Unauthorized Port: 61137
The following files were included in the unauthorized copying and/or distribution:
File 1: GF Revenge 2012-2014/ktr.gfr.11.12.19
CEG TEK International ("CEG") hereby notifies you that unauthorized copying and/or distribution of MG Content RK Limited DBA Reality Kings's Work listed above is a violation of the U.S. Copyright Act, 17 U.S.C. 106. In this regard,
request is hereby made that you and all persons using this account immediately and permanently cease and desist from unauthorized copying and/or distribution of the Work.
CEG informs you that you may be held liable for monetary damages, including court costs and/or attorney fees if a lawsuit is commenced against you for unauthorized copying and/or distribution of the Work listed above.
You have until Friday, December 12, 2014 to access the settlement offer and settle online. To access the settlement offer, please visit https://www.copyrightsettlements.com/
and enter Case #: P105372091 and Password: ikqxw.
To access the settlement offer directly, please visit https://www.copyrightsettlements.com/?u=P105372091&p=ikqxw
Direct Settlement Link: https://www.copyrightsettlements.com/?u=username&p=password
Settlement Website: https://www.copyrightsettlements.com/
Case #: XXXXXXXXXXX
To review independent confirmation that CEG is engaged and authorized to act on behalf of MG Content RK Limited DBA Reality Kings, please visit:
If you fail to respond or settle within the prescribed time period, the above matter may be referred to attorneys representing the Work's owner for legal action. At that point the original settlement offer will
no longer be an option, and the settlement amount will increase significantly.
Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the MG Content RK Limited DBA
Reality Kings's rights or remedies, all of which are specifically retained and reserved.
The information in this notice is accurate. CEG has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. CEG and the
undersigned declare under penalty of perjury, that CEG is authorized to act on behalf of MG Content RK Limited DBA Reality Kings.
Ira M. Siegel, Esq.
CEG TEK International
8484 Wilshire Boulevard, Suite 515
Beverly Hills, CA 90211
Toll Free: 877-526-7974