Comcast warns Bit Torrent and E-donkey users that are violating the DMCA law

Conductor used our news submit to let us know that moving away from Kazaa to other file sharing networks does not make you any more safe from the recording or movie industry.  Since the RIAA started warning and suing users on the Kazaa for copyright infringement, many users started fleeing off Kazaa and finding other networks to get and share their content.  Many started using E-donkey and Bit-Torrent thinking they would be less likely to be watched by the RIAA.  In fact, the Comcast ISP started receiving notifications of which users were infringing the DMCA law and the network they are using to illegally share their content. 

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As a result, Comcast then issues warning letters to the suspect users asking them to immediately remove the allegedly infringing works or Comcast will be forced to remove or block access to the infringing content.  Should the user already have removed their infringing content, they should notify Comcast and if Comcast is satisfied that the user is no longer breaching the DMCA, they will forward the user's notification to the party that warned Comcast in the first place.  As a result, users are now fleeing again to newsgroups and IRC channels. 

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Users of Bit Torrent and E-Donkey get a visit from the DMCA fairy via Comcast headquarters. As Kazaa became the primary focus of the RIAA's pirate-hunt, many users fled to alternate networks like E-donkey or began using Bit-Torrent (see past article on Bit Torrent) in the belief they might be able to avoid the piracy police. According to this thread in our Comcast forum, that isn't the case. The E-donkey crackdown isn't surprising, since it's a mainstream p2p application, but the Bit Torrent film crackdown has even more traders fleeing to newsgroups and IRC.

The letter itself:

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Dear comcast high-speed internet Subscriber:

Comcast has received a notification of claimed infringement made under the Digital millennium Copyright Act(the'DMCA'). This notification, made by a copyright owner or its authorized agent, reports an alleged infringement of one or more copyrighted works made on or over Comcast's High-Speed Internet service(the 'Service'). The works identified in the notification of claimed infringement are listed below. In accordance with the DMCA and Comcast's acceptable Use Policy, Comcast request that you immediately remove the allegedly infringing works from the Service or Comcast will be forced to remove or block access to the works.

If you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Comcast. Upon Comcast's receipt of a counter notification that satisfies the requirements of the DMCA, Comcast will provide a copy of the counter notification to the party who sent the original notification of claimed infringement. We will the follow the DMCA's procedures with respect to a received counter notification.

For more information regarding Comcast's copyright infringement policy, procedures, and contact information, please read our Acceptable Use Policy by clicking on the terms of Service link at »www.comcast.net

Sincerely,
Comcast Network Abuse and Observance Team...

Infringement Detail
------------------------------
Notice ID : *******
Title: protecting virus prog
Infringment Source : eDonkey
Infringment Address : *******
Infringment site : ed2k
Infringer username : None
Infringing file size : *******

 

It looks like no file sharing network will be safe if the RIAA and MPAA simply follow where ever the users go as it is just a matter of tapping the lines once again on the new network.  If a user shares content, it is just a matter of the RIAA attempting a download while pretending to be a casual user and then tracing the IP address of the source.  Proxy based P2P networks where a server takes data and resends it using the server's IP as the source may be the only way to go to avoid being traced, but then again it is just a matter of the RIAA going after who ever provides the proxy services.  

 

Even if the RIAA do manage to successfully shut off the P2P sharing throughout theUS, there will still be users sharing outside the US and there is little that they can do about this.  Even still, with digital radio taking off and CD-burners selling for about the price of two albums, there are many other ways that users can still get their music without purchasing an official copy. 

 

Discuss and read more about file sharing on our Music Downloads, P2P & Legal Issues Forum.

Source: Broadband Reports

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