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Copyright Infringement / Bittorrent downlods

Posted on 2014-11-14
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Last Modified: 2014-11-14
Hello -

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.

Regards,
Abuse Team
Cogent Communications, Inc.

The complainant's e-mail address of record is:
support@cegtek.com

***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.

Evidence:
Work Title: Gf Revenge 6
Copyright Owner: MG Content RK Limited DBA Reality Kings
Unauthorized File Name: GF Revenge 2012-2014
Unauthorized Hash: 3de5c836b38f7297d61536c8eb1f8c7c15a72a10
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.sexy.spread.flv


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

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=username&p=password
Settlement Website: https://www.copyrightsettlements.com/
Case #: XXXXXXXXXXX
Password: XXXXXX

To review independent confirmation that CEG is engaged and authorized to act on behalf of MG Content RK Limited DBA Reality Kings, please visit:
http://www.realitykings.com/cegtek-cert.htm

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.


Sincerely,

Ira M. Siegel, Esq.
Legal Counsel

CEG TEK International
8484 Wilshire Boulevard, Suite 515
Beverly Hills, CA 90211

Toll Free: 877-526-7974
Email: support@cegtek.com
Website: www.copyrightsettlements.com
0
Comment
Question by:Martin Gerlach
  • 2
4 Comments
 
LVL 26

Accepted Solution

by:
Dan McFadden earned 300 total points
ID: 40442491
If you work for an IT Services company, I would pass this on to your supervisor and/or your company's legal department.

If you are personally consulting for this client company (as a direct contractor), I suggest that you take this and a copy of the contract between you and your client, to a lawyer.

Questions that comes to mind:
- Who was responsible for setting or developing the Internet access policy?
- Who's responsibility was it to manage what Internet traffic is allowed and what is blocked?
- What was the scope of the IT Support contract that manages the relationship between you and the client?
--- Scope meaning Server Administration, Network Administration, Security Administration, Desktop Support, Helpdesk?

Basically the question is who's fault is it that this type of traffic got thru the client's network.  Or why wasn't the torrent software used to download the content, found by a software management system or scanner and removed?

And if the client was responsible for setting what outbound traffic they wanted to allow or block, I would find that email/document and present it to the legal consul.

Dan
0
 
LVL 17

Assisted Solution

by:Thibault St john Cholmondeley-ffeatherstonehaugh the 2nd
Thibault St john Cholmondeley-ffeatherstonehaugh the 2nd earned 200 total points
ID: 40442632
I would first check the credentials of that document. It would be an easy way to make money if you tracked downloads from your site and then sent threatening letters with limited time to act, and offering a way to settle the claim with no legal action by sending some money.
0
 
LVL 17

Assisted Solution

by:Thibault St john Cholmondeley-ffeatherstonehaugh the 2nd
Thibault St john Cholmondeley-ffeatherstonehaugh the 2nd earned 200 total points
ID: 40442637
Did you realise that there is a case number and p word still in that document? Just above where they have been marked with X's.
Contact community support in here and they will be able to edit them for you.
0
 

Author Closing Comment

by:Martin Gerlach
ID: 40443411
I called the ISP, they said not to worry about it and just provide them with of action that will be taken to prevent this going forward. Thank you for your help guys,
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