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  1. #21
    If some of the above are correct, and Charter is the ISP, then this is just a cease and desist warning. Basically, it's the ISP covering their ass so they don't get sued for "enabling the theft of copyrighted material." Your friend is in the clear if she stops.

  2. #22
    I had a friend do the same exact thing, but it was much more music and quite a few movies. He got a letter from this place. I don't remember what it was. The letter basically said that since this is your first offense we will let you go with a warning just don't do it again. I think she is fine and will get off with just a warning.

  3. #23
    Like others said, more than likely she'll just get a letter from her ISP saying "Stop sharing this album". If they have to do that a few times, they may turn off her internet.
    http://us.battle.net/wow/en/characte...monzi/advanced

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    You know you just wrote 7 paragraphs about some people you have never met, playing a computer game in a way you disagree with?

  4. #24
    Worked for charter as support on multiple levels. We sent out emails telling slapping people's peepees all the time for illegally downloading music. Tell her to unsecure her wireless and blame it on a neighbor. They won't usually investigate anything further.

  5. #25
    So she got a letter from her ISP? Then stop downloading for a few months. That's all.

    DO NOT respond to the letter, DO NOT admit guilt, DO NOT call Charter, nothing like that. Throw the letter in the trash and stop downloading for a couple months. She should be fine. I know there are cases where people are sued(generally over Limewire or some other god-awful software like Frostwire *shudder*) but they're few and far between though the penalties can be hefty. There are ways to work around it, there are ways to get out of the lawsuit because generally their "proof" amounts to nothing just some big scary words that the people can't comprehend.

    Basically don't stress it bro. She's gonna be fine.

  6. #26
    Quote Originally Posted by SomewhatInsane View Post
    First things first, how the hell did she manage to get caught downloading music? The only way I can imagine is if you'd walk into a federal office and scream it out loud enough for everyone and their grandmother to hear it.

    Secondly, it depends on where you and your friend live.

    Last but not least, I wouldn't worry too much as it's a minor offense - if she gets sued I would be extremely surprised unless it's some sort of local artist that's broke, assuming it's not I think what your friend is looking at is a fine, hell, maybe not even that.
    She's a 16 year old girl, I'm sure she found a way to get caught. She only listens to bands like All Time Low, Forever the Sickest Kids, stuff like that. So I'm sure they won't do anything because they're kinda popular.

  7. #27
    ISPs won't take you to court. Most ISPs send warning letters after detecting P2P activity, since they're the ones who will get in trouble for it if you continue pirating. Usually the most they'll do is to end your subscription.

  8. #28
    The Lightbringer Calzaeth's Avatar
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    It depends greatly on where you live, and how much music she has downloaded. You said that she got caught for downloading one CD's worth of songs, but if they find several gigs on her computer, she'll be in a for a bit of a legal ride.

    But like I said, it depends on where you live. For instance, in Norway, you can be tried/sentenced as an adult after you've existed for 15 years, even though they try to be lenient when the person is below 18.

    Your best bet is to sit it out, take things as they come, and there are actually several websites that can offer you legal advice. Just google "Legal Advice Online" or something, and cross your fingers! =D
    Quote Originally Posted by MerinPally View Post
    I don't think you're having so much a thought but rather complete mental diarrhea all over the internet and your keyboard and it's not pretty or even logical.

  9. #29
    1. Select Music file on her computer
    2. Ctrl-X
    3. /say "I deleted it!"
    4. (Ctrl-V)*9001
    5. Sell 9000 copies online
    6. ????
    7. Profit

  10. #30
    Quote Originally Posted by Callace View Post
    Realistically, the party that owns the copyright won't take legal action unless it's something extreme like selling copies or mass downloads.
    I might be wrong but making illegal copies of music is what the copyright stands for. I know as many years as it has been availble people having been dubbing copies of tapes, cds or what ever to friends for free and never had anything to worry about. I think the reason behind that is the fact that they had to buy blank tapes or cds which a ton of those are privately owned by the record production companies.

    Of course most of what I say here is hearsay but a buddy of mine who deals in business law told me that downloading is not illegal even though they might scream it is but if you share what you download that is illegal. As in allow other PtP transfers of the material.
    "The world needs anger. The world often continues to allow evil to exist because it isn't angry enough."
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  11. #31
    Legendary! Callace's Avatar
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    Quote Originally Posted by SomewhatInsane View Post
    unless it's some sort of local artist that's broke.
    You got that exactly backwards. Local artists can't afford to sue for copyright infringement.

    Bands like Metallica can, have, and will.

    ---------- Post added 2011-04-18 at 03:47 AM ----------

    Quote Originally Posted by Bullhurley View Post
    I might be wrong but making illegal copies of music is what the copyright stands for. I know as many years as it has been availble people having been dubbing copies of tapes, cds or what ever to friends for free and never had anything to worry about. I think the reason behind that is the fact that they had to buy blank tapes or cds which a ton of those are privately owned by the record production companies.

    Of course most of what I say here is hearsay but a buddy of mine who deals in business law told me that downloading is not illegal even though they might scream it is but if you share what you download that is illegal. As in allow other PtP transfers of the material.
    I didn't say it was legal. I said it would go unpursued.

    It isn't remotely worth it to sue for single copies. That would be like renting a jet to fly next door.
    Last edited by Callace; 2011-04-18 at 03:48 AM.

  12. #32
    Quote Originally Posted by Callace View Post
    Realistically, the party that owns the copyright won't take legal action unless it's something extreme like selling copies or mass downloads.
    Reminds me of Metallica back when Napster was a big deal. Was good times back then.

    And seeing as it was a such a small amount of downloads, I doubt there will be any pursuit of it. I DO know that they have a hefty fine PER SONG if you are charged...but that's generally for people with literally thousands of stolen songs. Also if she is paranoid or her parents are freaking out, have her go out and buy a retail copy of the album she downloaded. If you have a physical copy of a song, you can download it all you want if it is for personal use. Nothing can be done unless she's making copies and giving/selling them to friends n such.

    A hint of advice...if she's going to continue using torrents...after the download is finished, put the songs into a seperate file other than the "downloads" folder, and stop the seeding afterwards. While there are still ways they can track, it does throw a few obstacles in the way.

  13. #33
    Quote Originally Posted by Slammin Shaman View Post
    So I was talking to one of my friends earlier, and found out she might get in quite a bit of trouble here. Charter caught her downloading music illegally, even thought it was only one CD worth of songs (like 13 or 14, I forgot how many it was). This is her first offense (she's only 16), and I told her that I would help her out with this because of the occasional good friend that I am. Her parents are afraid that they might get sued, and with that I exhausted all of the information that I know. I promised her that I would help her, except I have no clue what I need to Google. I was hoping that the people of MMO-Champion could lend me a helping hand to her.
    Afaik, all Charter will do(Charter is also my isp) is send a cease and desist letter, in which if they catch you again, all they'll do is terminate your service. One of my friends got said letter after downloading a dvd. They really can't do anything more than that, because SHE isn't redistributing the music herself.

  14. #34
    Ok I really don't feel like doing quotes and more posts because that just wastes alot of time. So I just told her to get on here and look at this when she's done playing CoD. I'm sure she'll pass it along to her parents, and then they're ground her more lol. Again, thank you for the help everyone, I'm sure the pretty young lady and her parents will appreciate it.

  15. #35
    first offence =/= lawsuit
    charter only sends out a warning and monitors you for a year
    "The instinct of self-preservation? You call it that. Yes, i will sink my teeth into life. Fuck your evolution. Let other species wait their turn. I'm not a lamb being led to the slaughter."
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  16. #36
    Legendary! Callace's Avatar
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    Quote Originally Posted by Slammin Shaman View Post
    I'm sure the pretty young lady and her parents will appreciate it.
    *Makes whip-cracking sound*

  17. #37
    Pit Lord Asmodias's Avatar
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    I got caught by Comcast for downloading a movie a couple months back. It was my "First" offense. They sent me a letter and essentially said... "Bad you. Don't do it again." Its the first offense, I don't really think they will throw the book at her unless the have records of her downloading a large quantity of stuff.


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  18. #38
    First off, I really wouldn't come here for legal advice, most people aren't lawyers and even if they were, laws are different in different countries. For example, it's not illegal to download music in Holland, only if you upload it or if it's software you're downloading.

    In the UK some music companies were working with some sleazy law firms who would send out letters saying they caught you downloading and asking you to pay money or they'll sue, in the off chance you were actually downloading and that you'd get scared and pay. The company eventually went broke.

    She will probably get away with it, there's not too much they can do to actually prove you were downloading music although I think Obama was trying to pass some law that would make it possible for providers to track what you were doing and if you were caught downloading you could lose your internet for good.

    Also the people saying 'buy the CD' don't, that won't work, they'll check the date of the transaction and it'll be pretty obvious what you were trying to do.

  19. #39
    Turn on the wireless so anyone can jump on that internet connection. Blame strangers who jumped on it.
    If they can prove via an intrusive program, get a lawyer and countersue.
    Edit: If it's the ISP call them and freak out that you are innocent and someone jumped on your stuff, just because they owe everyone an apology.
    Last edited by Tastyfish; 2011-04-18 at 03:58 AM.
    "If you want to control people, if you want to feed them a pack of lies and dominate them, keep them ignorant. For me, literacy means freedom." - LaVar Burton.

  20. #40
    Quote Originally Posted by Slammin Shaman View Post
    So I was talking to one of my friends earlier, and found out she might get in quite a bit of trouble here. Charter caught her downloading music illegally, even thought it was only one CD worth of songs (like 13 or 14, I forgot how many it was). This is her first offense (she's only 16), and I told her that I would help her out with this because of the occasional good friend that I am. Her parents are afraid that they might get sued, and with that I exhausted all of the information that I know. I promised her that I would help her, except I have no clue what I need to Google. I was hoping that the people of MMO-Champion could lend me a helping hand to her.
    what? they stopped going after individual people how could this happen?

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