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(Some Old Man)   Aged dad received mistaken DMCA notice from his ISP - supposedly for downloading "The Guilt Trip" WTF? - seeking advice from the Fark Law Brigade   (blogmask.com) divider line 51
    More: Advice, DMCA, W.T.F.?, Acceptable Use Policy, ISP, Legal liability, DMCA notice  
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644 clicks; posted to FarkUs » on 25 Apr 2014 at 9:35 AM (13 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-04-25 07:42:40 AM
Nothing to worry about, he has 4 left before they shut his Internet off

/he could have an open wifi network
 
2014-04-25 07:52:05 AM
For god sakes sign up for an anonymous VPN service if you are going to continue to use Dad's internet for your piracy activity!

Make sure his wifi has a password.Search his pc to make sure he does not have this
Infringing File Name: The.Guilt.Trip.2012.480p.BRRip.XviD.AC3-PTpOWeR
It's probably in the torrent folder with all the other stuff you have been pirating.

If he does take a look at his installed programs and remove any torrent software if he's you're not using it.

They are not asking for money or threatening to sue so respond and tell them you secured the wifi. They will go away.
 
2014-04-25 09:09:49 AM
Uh, subby?

"Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited."
 
2014-04-25 09:27:56 AM
Whatever, I get stuff like that 4-5 times a year, have ignored them all, and nothing has ever happened.
 
2014-04-25 09:28:17 AM
An SSID of "linksys" is the new VCR clock flashing 12:00 all the time.
 
2014-04-25 09:29:17 AM

jasonvatch: Uh, subby?

"Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited."


Man, you just publicly admitted that you reviewed it.  Aww shiat, so did I.
 
2014-04-25 09:51:40 AM
What sort of advice are you seeking, Subs?

sammyk: They are not asking for money or threatening to sue so respond and tell them you secured the wifi. They will go away.


I wouldn't admit liability though.
 
2014-04-25 10:45:20 AM

sammyk: or god sakes sign up for an anonymous VPN service


This!

Here, read a collection of privacy policies of numerous companies  and their responses to TF's inquiries. I don't use torrents, but the people who do are most at risk for this kind of scrutiny and I picked one of those listed for my general net usage.

https://torrentfreak.com/which-vpn-services-take-your-anonymity-seri ou sly-2014-edition-140315/
 
2014-04-25 11:32:14 AM

InterruptingQuirk: sammyk: or god sakes sign up for an anonymous VPN service

This!

Here, read a collection of privacy policies of numerous companies  and their responses to TF's inquiries. I don't use torrents, but the people who do are most at risk for this kind of scrutiny and I picked one of those listed for my general net usage.

https://torrentfreak.com/which-vpn-services-take-your-anonymity-seri ou sly-2014-edition-140315/


I'm surprised people aren't flocking to these services just to thwart NSA spying. Or at least make them work for it. I've been a TORgaurd user for 2 years now. It's nice being able to decide where in the world you connect to the internet. For non-torrent use I stay connected to US servers for the lower latency, sometimes connecting from Canada has its uses and then its off to Europe for everything shady(if I really wanted to).

I have also noticed that a non-vpn connection on TWC just goes to sleep sometimes. It doesn't make sense but the VPN connection, especially to a US site is more consistent.
 
2014-04-25 12:01:32 PM
Serious advice:

1. Using a red magic marker, write the words "returned for cause" across the face of the document. Do the same to the envelope it came in.

2. Get a stamp pad from a local stationery store. Red or black ink (red is preferred). Have your dad put his right thumb in the ink, and then put a thumbprint at the bottom of the letter. (This is in lieu of a signature, which would constitute acceptance.)

3. Make a copy of both the letter and mailing envelope. Go down to the County Clerk's Office and pay to have the copy (not the original) filed. They will put a stamp on the pages that they accept for filing. Ask them to "conform" your original by putting a stamp on them too. It'll probably cost you about $3-5 to have it filed.

4. Put their letter (with "refused for cause," thumbprint, and Clerk's Office stamp) back in the mailing envelope, seal it up with scotch tape, and drop it in a mailbox. Do not add postage -- the Post Office will deem it to be a dead letter and will return it to the sender. This is effective service of your refusal on the sender by a Government official.

5. From now on, anything that you get in the mail from them, just write "refuse for cause" on it, affix your dad's thumbprint, and put it back in the mailbox.

6. Go to the U.S. Patent and Trademark Office website and click on "online filing." You will fill out this form two times: once seeking a trademark on his full legal name, once using the form "[his first name] of the Family [his last name]." (NOTE: do not fill out the portion of the trademark application form entitled "Madrid Protocol." Doing so subjects you to personal jurisdiction under the United Nations. Instead, print out that portion of the form, write "refused for cause" on it, affix your father's thumbprint, and mail it to the USPTO, with a copy to your local U.S. Attorney's Office, thereby securing personal jurisdiction over the United States in your local community.)

7. Go to the website of the U.S. Copyright Office. Use the online copyright search form to search for the work "The Guilt Trip." Notice that the only registered entries by that name are a 2012 screenplay registered to Paramount Pictures and a 2011 book of poetry by L.L. Kelly. This establishes two things:

--- A. there is no registered copyright in a movie by that name, therefore the letter sent to you is fraudulent and an attempt to extort. Print out the copyright search page and send that and the letter you received (thumbprint on the latter, "accepted for cause" written across the former) to the U.S. Attorney with a demand that the author be prosecuted for mail fraud and extortion; and

----B. Paramount pictures is itself infringing on a copyright held by L.L. Kelly a year earlier. Her website is here. Write to her, attaching a copy of the letter your dad got (thumbprint), offering to buy her copyright for "$1 and other good and valuable consideration." Include a one-dollar bill and anything else you want: a toy car, a peppercorn, or a horse, a hawk, or a robe. Make sure your letter says, in all capital letters at the bottom, "THIS SELF-EXECUTING OFFER WILL BE DEEMED ACCEPTED UPON REVIEW." Simply by opening the letter, she has accepted your offer. You now how the copyright to "The Guilt Trip" and may sue Paramount for infringing upon it. Go to your local small claims court, fill out their forms to commence a lawsuit, listing "Paramount Pictures" as defendant, "copyright infringement, abuse of process, and mopery" as the causes of action, and "1 million dollars ($1,000,000,000.00) in damages, plus cost of the hawk and the stamp pad" as your damages. I assure you, Paramount will not answer the complaint, and you are therefore automatically granted a default judgment. Find a nearby movie theater that is playing a Paramount movie, ask to speak to the manager, show him your small claims complaint, and inform him that you are executing your default judgment against the copies of the Paramount film that are at the theater. He will escort you to the projection booth and hand you several large spools of film. Repeat this process until you have lots of movies or no more room in the trunk of your car. Open up your own movie theater, and begin showing the film. Charge people to enter. Once you have received exactly a million in ticket revenue, put the spools of film in a box and send them back to Paramount.
 
2014-04-25 12:03:13 PM

sammyk: It's nice being able to decide where in the world you connect to the internet.


It was especially nice during these last Winter Olympics when I connected through a Canadian server to gain access to Canada's superior(read complete) and free coverage.
 
2014-04-25 12:22:46 PM

Uzzah: Serious advice:

1. Using a red magic marker, write the words "returned for cause" across the face of the document. Do the same to the envelope it came in.

2. Get a stamp pad from a local stationery store. Red or black ink (red is preferred). Have your dad put his right thumb in the ink, and then put a thumbprint at the bottom of the letter. (This is in lieu of a signature, which would constitute acceptance.)

3. Make a copy of both the letter and mailing envelope. Go down to the County Clerk's Office and pay to have the copy (not the original) filed. They will put a stamp on the pages that they accept for filing. Ask them to "conform" your original by putting a stamp on them too. It'll probably cost you about $3-5 to have it filed.

4. Put their letter (with "refused for cause," thumbprint, and Clerk's Office stamp) back in the mailing envelope, seal it up with scotch tape, and drop it in a mailbox. Do not add postage -- the Post Office will deem it to be a dead letter and will return it to the sender. This is effective service of your refusal on the sender by a Government official.

5. From now on, anything that you get in the mail from them, just write "refuse for cause" on it, affix your dad's thumbprint, and put it back in the mailbox.

6. Go to the U.S. Patent and Trademark Office website and click on "online filing." You will fill out this form two times: once seeking a trademark on his full legal name, once using the form "[his first name] of the Family [his last name]." (NOTE: do not fill out the portion of the trademark application form entitled "Madrid Protocol." Doing so subjects you to personal jurisdiction under the United Nations. Instead, print out that portion of the form, write "refused for cause" on it, affix your father's thumbprint, and mail it to the USPTO, with a copy to your local U.S. Attorney's Office, thereby securing personal jurisdiction over the United States in your local community.)

7. Go to the website of the U ...


This is almost correct. The one caveat is that, when you file your small claims suit, you have to make sure that you're in a probate court rather than an admiralty court established under the law of the sea - you can tell by whether the flags have gold fringe: remember, "if it's gold, this court's been sold". Those courts would let you seize any private boats owned by Paramount, but you're interested in cash.
 
2014-04-25 12:33:11 PM

Uzzah: Serious advice:

1. Using a red magic marker, write the words "returned for cause" across the face of the document. Do the same to the envelope it came in.

2. Get a stamp pad from a local stationery store. Red or black ink (red is preferred). Have your dad put his right thumb in the ink, and then put a thumbprint at the bottom of the letter. (This is in lieu of a signature, which would constitute acceptance.)

3. Make a copy of both the letter and mailing envelope. Go down to the County Clerk's Office and pay to have the copy (not the original) filed. They will put a stamp on the pages that they accept for filing. Ask them to "conform" your original by putting a stamp on them too. It'll probably cost you about $3-5 to have it filed.

4. Put their letter (with "refused for cause," thumbprint, and Clerk's Office stamp) back in the mailing envelope, seal it up with scotch tape, and drop it in a mailbox. Do not add postage -- the Post Office will deem it to be a dead letter and will return it to the sender. This is effective service of your refusal on the sender by a Government official.

5. From now on, anything that you get in the mail from them, just write "refuse for cause" on it, affix your dad's thumbprint, and put it back in the mailbox.

6. Go to the U.S. Patent and Trademark Office website and click on "online filing." You will fill out this form two times: once seeking a trademark on his full legal name, once using the form "[his first name] of the Family [his last name]." (NOTE: do not fill out the portion of the trademark application form entitled "Madrid Protocol." Doing so subjects you to personal jurisdiction under the United Nations. Instead, print out that portion of the form, write "refused for cause" on it, affix your father's thumbprint, and mail it to the USPTO, with a copy to your local U.S. Attorney's Office, thereby securing personal jurisdiction over the United States in your local community.)

7. Go to the website of the U ...


Dude, seriously?  You forgot the onion?

When he goes to the County Clerks office, he MUST wear an onion on his belt, or the filing in invalid.
 
2014-04-25 12:37:27 PM

cman: Nothing to worry about, he has 4 left before they shut his Internet off

/he could have an open wifi network


Or WEP (un)secured ... WPA or WPA2 with long random passwords.

WEP with traffic, can get the key in seconds everytime, WPA/WPA2 it's at least a crap shoot of hours, days or not depending on how good the dictionary being used is.

Hardware manufacturers should hold some responsible for continuing to push out equipment supporting WEP for 10+ years and calling it "security".
 
2014-04-25 12:44:49 PM

InterruptingQuirk: sammyk: It's nice being able to decide where in the world you connect to the internet.

It was especially nice during these last Winter Olympics when I connected through a Canadian server to gain access to Canada's superior(read complete) and free coverage.


Did something similar with the nfl. Fun fact, you can start the stream from a remote country then disconnect the vpn. The latency Gore's easy down and you don't get so much buffering at HD
 
2014-04-25 12:56:37 PM

divx88: cman: Nothing to worry about, he has 4 left before they shut his Internet off

/he could have an open wifi network

Or WEP (un)secured ... WPA or WPA2 with long random passwords.

WEP with traffic, can get the key in seconds everytime, WPA/WPA2 it's at least a crap shoot of hours, days or not depending on how good the dictionary being used is.

Hardware manufacturers should hold some responsible for continuing to push out equipment supporting WEP for 10+ years and calling it "security".


Backwards compatibility.  Grandpa's brand new router has to work with Grandpa's old ass computer

Uzzah: Paramount pictures is itself infringing on a copyright held by L.L. Kelly a year earlier. Her website is here. Write to her, attaching a copy of the letter your dad got (thumbprint), offering to buy her copyright for "$1 and other good and valuable consideration." Include a one-dollar bill and anything else you want: a toy car, a peppercorn, or a horse, a hawk, or a robe. Make sure your letter says, in all capital letters at the bottom, "THIS SELF-EXECUTING OFFER WILL BE DEEMED ACCEPTED UPON REVIEW." Simply by opening the letter, she has accepted your offer. You now how the copyright to "The Guilt Trip"


What if Paramount already sent her such a letter?  Better send one to them too.
 
2014-04-25 01:04:41 PM

sammyk: The.Guilt.Trip.2012.480p.BRRip.XviD.AC3-PTpOWeR


Why would you download a blu ray rip at 480p anyhow?  Tell your dad to get a bigger hard drive and download the HD version.
 
2014-04-25 01:08:18 PM

sammyk: InterruptingQuirk: sammyk: or god sakes sign up for an anonymous VPN service

This!

Here, read a collection of privacy policies of numerous companies  and their responses to TF's inquiries. I don't use torrents, but the people who do are most at risk for this kind of scrutiny and I picked one of those listed for my general net usage.

https://torrentfreak.com/which-vpn-services-take-your-anonymity-seri ou sly-2014-edition-140315/

I'm surprised people aren't flocking to these services just to thwart NSA spying. Or at least make them work for it. I've been a TORgaurd user for 2 years now. It's nice being able to decide where in the world you connect to the internet. For non-torrent use I stay connected to US servers for the lower latency, sometimes connecting from Canada has its uses and then its off to Europe for everything shady(if I really wanted to).

I have also noticed that a non-vpn connection on TWC just goes to sleep sometimes. It doesn't make sense but the VPN connection, especially to a US site is more consistent.


I don't want this to sound like a "if you don't have anything to hide..." post, but the bandwidth loss (I'm getting 300 megs up and down, no VPN I've seen approaches that at a reasonable cost) outweighs any worry I might have about the NSA getting a copy of that unsolicited WIE I sent out last night.
 
2014-04-25 01:22:10 PM

serial_crusher: divx88: cman: Nothing to worry about, he has 4 left before they shut his Internet off

/he could have an open wifi network

Or WEP (un)secured ... WPA or WPA2 with long random passwords.

WEP with traffic, can get the key in seconds everytime, WPA/WPA2 it's at least a crap shoot of hours, days or not depending on how good the dictionary being used is.

Hardware manufacturers should hold some responsible for continuing to push out equipment supporting WEP for 10+ years and calling it "security".

Backwards compatibility.  Grandpa's brand new router has to work with Grandpa's old ass computer


Then it should be emblazoned in magnificent bright bold obnoxious flashy text that it's not secure and separate it out from the rest.

Not to mention Grandpa's 14+ year computer (if not already) is looking like  http://xkcd.com/350/ .

Though I don't really mind WEP "secure" networks being all over the place.
 
2014-04-25 01:56:08 PM

InterruptingQuirk: sammyk: or god sakes sign up for an anonymous VPN service

This!

Here, read a collection of privacy policies of numerous companies  and their responses to TF's inquiries. I don't use torrents, but the people who do are most at risk for this kind of scrutiny and I picked one of those listed for my general net usage.

https://torrentfreak.com/which-vpn-services-take-your-anonymity-seri ou sly-2014-edition-140315/


I've been a fan of Private Internet Access (first on the list) for a few years.  Dirt cheap, have it setup to just run with my torrent client, and haven't noticed any significant slowdown in speeds.  Taking an extra 20 minutes to download a few gigs isn't a big deal for me.

Then again I don't torrent nearly as much as I used to, mostly things I can't find streaming on Netflix or Amazon - or the shows own website.
 
2014-04-25 02:22:18 PM
Smitty here. Thanks for the convo, Farkers. A few notes:

1) Dad's wifi is secure - WPA2 with a strong 13-character key.

2) Dad lives on a 200-acre ranch in the middle of nowhere. Someone would have to literally be smack in the middle of his property to sniff his wifi.

3) What he's received is an email, not snail mail.

4) The only software he has that's capable of downloads: Safari, Mail, iTunes.

5) He's 71. He calls me for computer help 2-3 times a week, and every time I have to patiently explain the difference between his menu bar and his dock. Movie piracy is light years beyond his capabilities.

So the advice I'm looking for, since Theaetetus asked, is how we should respond. I know there are horror stories (rumors?) out there about grandmas being prosecuted. So I'm wondering if we should even engage without a lawyer. But I do want to respond because this is 110% bullpucky.

There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why. I was thinking something along these lines:

This notice has been sent to me in error. Either Paramount and/or Irdeto USA made a mistake in identifying the IP address or you made a mistake in identifying the user responsible for this download.

1) As you can see from this screenshot of my bandwidth usage this month, I don't think I've even used enough bandwidth to download a whole feature film.

[SCREENSHOT]

2) At 13 Apr 2014 22:57:46 GMT (which is around 5pm my time), I wasn't home or anywhere near my computer, which was off. I was at a neighbor's house.

3) I am 71 years old. I had send this email to my son to get even the vaguest idea of what it's talking about. I don't know what BitTorrent even means. I have never once watched a movie on my computer, downloaded or otherwise. The only music I've ever downloaded myself is from iTunes. The only apps on my computer capable of downloading anything are Apple Mail, Safari and iTunes.

4) I've never heard of "The Guilt Trip." My son tells me its a road trip movie with Barbara Streisand (don't like her) and Seth Rogen (never heard of him). That's not my cup of tea at all.

I'm sure you will investigate and resolve this error quickly. When you do, notify me in writing when the error has been cleared up, and in detail about how it was resolved, along with a similar notice from Irdeto USA demonstrating their acknowledgement that this matter has been resolved.
 
2014-04-25 02:25:10 PM
Oh, and just for good measure, I did have him search his hard drive for anything with the word "guilt" in the filename. Results: nada.
 
2014-04-25 02:26:45 PM

100 Watt Walrus: There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why.


This doesn't sound in any way legit.
 
2014-04-25 02:37:15 PM

100 Watt Walrus: Oh, and just for good measure, I did have him search his hard drive for anything with the word "guilt" in the filename. Results: nada.


If he's part of some botnet that's helping seed BitTorrent with shiatty movies, whatever storage it's using wouldn't necessarily have pretty looking file names.

/ Or if he deleted that (presumably.  I swear I haven't seen it) terrible movie after he stole and watched it.
 
2014-04-25 03:33:27 PM

GoldSpider: 100 Watt Walrus: There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why.

This doesn't sound in any way legit.


Yeah, I wouldn't do an e-mail response via a link like that.  If you feel you must reply, do so via snail-mail.
 
2014-04-25 03:38:30 PM

GoldSpider: 100 Watt Walrus: There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why.

This doesn't sound in any way legit.


Well, it's in an email forwarded to us by his ISP (it's in the the link for this thread, but I've removed the actual link in the text I posted).

serial_crusher: 100 Watt Walrus: Oh, and just for good measure, I did have him search his hard drive for anything with the word "guilt" in the filename. Results: nada.

If he's part of some botnet that's helping seed BitTorrent with shiatty movies, whatever storage it's using wouldn't necessarily have pretty looking file names.

/ Or if he deleted that (presumably. I swear I haven't seen it) terrible movie after he stole and watched it.


I doubt this, but I'll have him run some virus checks. He's on a Mac, so that seems unlikely.

One curious thing though: This happened one week after he switched to a much faster service - he was getting ~1Mbps down, and now he's getting 6Mbps. Frankly, I'm wondering if there isn't someone at the ISP who's taking advantage of access to customer's accounts.

But yeah, my first thought was "who the hell would want to download 'The Guilt Trip'?"
 
2014-04-25 03:43:05 PM

100 Watt Walrus: GoldSpider: 100 Watt Walrus: There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why.

This doesn't sound in any way legit.

Well, it's in an email forwarded to us by his ISP (it's in the the link for this thread, but I've removed the actual link in the text I posted).

serial_crusher: 100 Watt Walrus: Oh, and just for good measure, I did have him search his hard drive for anything with the word "guilt" in the filename. Results: nada.

If he's part of some botnet that's helping seed BitTorrent with shiatty movies, whatever storage it's using wouldn't necessarily have pretty looking file names.

/ Or if he deleted that (presumably. I swear I haven't seen it) terrible movie after he stole and watched it.

I doubt this, but I'll have him run some virus checks. He's on a Mac, so that seems unlikely.

One curious thing though: This happened one week after he switched to a much faster service - he was getting ~1Mbps down, and now he's getting 6Mbps. Frankly, I'm wondering if there isn't someone at the ISP who's taking advantage of access to customer's accounts.

But yeah, my first thought was "who the hell would want to download 'The Guilt Trip'?"


I'd ask for something in writing, delivered by mail, before responding to this in any other way.
 
2014-04-25 03:43:31 PM

100 Watt Walrus: When you do, notify me in writing when the error has been cleared up, and in detail about how it was resolved, along with a similar notice from Irdeto USA demonstrating their acknowledgement that this matter has been resolved


Why ask for something you're never going to get?
 
2014-04-25 04:23:35 PM

100 Watt Walrus: One curious thing though: This happened one week after he switched to a much faster service - he was getting ~1Mbps down, and now he's getting 6Mbps. Frankly, I'm wondering if there isn't someone at the ISP who's taking advantage of access to customer's accounts.


You are way over-thinking this.  Probably the previous guy who had his IP address did it and their records got out of whack.
 
2014-04-25 04:30:43 PM

100 Watt Walrus: GoldSpider: 100 Watt Walrus: There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why.

This doesn't sound in any way legit.

Well, it's in an email forwarded to us by his ISP (it's in the the link for this thread, but I've removed the actual link in the text I posted).


This could actually make sense as a phishing scheme, and it hinges on them accusing you of stealing a move that sucked
.
Nigerian: "We've discovered that you pirated Battlefield Earth."
Victim: "I most certainly did not!  This is an outrage!"
Nigerian: "Oh, fill out this form to attest to that.  Please give us your name, date of birth, social security number, mother's maiden name, etc..."
Victim: "Absolutely.  Anything to get my name unassociated with that terrible terrible cinematic disaster"

Scammers have used fake DMCA notices before: http://aramsinnreich.typepad.com/aram_squalls/2011/06/phishers-use-dm c a-takedowns-notices-as-malware-links.html

I'd be wary about clicking the link or providing any information.
The important thing is that if it's a real DMCA request, you can just ignore it, just like everybody else does when they get them.
 
2014-04-25 05:05:35 PM
Email, that's a phishing scam. Ignore it, delete it, forget it happened.
 
2014-04-25 05:20:28 PM
I'm now leaning toward ignoring, but if this is a scam, that means Dish Network's Office of the General Counsel isn't smart enough to recognize a scam when they see one - either that or...

1) the scammer is faking both emails (the one from Paramount's agent and the one from Dish)
and
2) they happened to know my Dad is on Dish, they know his Dish account# and his full name
and
3) They'd have to know his brand new email address, just created the week before this supposed infringement
 
2014-04-25 05:30:44 PM

100 Watt Walrus: Smitty here. Thanks for the convo, Farkers. A few notes:

1) Dad's wifi is secure - WPA2 with a strong 13-character key.

2) Dad lives on a 200-acre ranch in the middle of nowhere. Someone would have to literally be smack in the middle of his property to sniff his wifi.

3) What he's received is an email, not snail mail.

4) The only software he has that's capable of downloads: Safari, Mail, iTunes.

5) He's 71. He calls me for computer help 2-3 times a week, and every time I have to patiently explain the difference between his menu bar and his dock. Movie piracy is light years beyond his capabilities.

So the advice I'm looking for, since Theaetetus asked, is how we should respond. I know there are horror stories (rumors?) out there about grandmas being prosecuted. So I'm wondering if we should even engage without a lawyer. But I do want to respond because this is 110% bullpucky.

There's a link in the email to a page where we can click a choice that says they've made a mistake and explain why. I was thinking something along these lines:

This notice has been sent to me in error. Either Paramount and/or Irdeto USA made a mistake in identifying the IP address or you made a mistake in identifying the user responsible for this download.

1) As you can see from this screenshot of my bandwidth usage this month, I don't think I've even used enough bandwidth to download a whole feature film.

[SCREENSHOT]

2) At 13 Apr 2014 22:57:46 GMT (which is around 5pm my time), I wasn't home or anywhere near my computer, which was off. I was at a neighbor's house.

3) I am 71 years old. I had send this email to my son to get even the vaguest idea of what it's talking about. I don't know what BitTorrent even means. I have never once watched a movie on my computer, downloaded or otherwise. The only music I've ever downloaded myself is from iTunes. The only apps on my computer capable of downloading anything are Apple Mail, Safari and iTunes.

4) I've never heard of "The Guilt Tri ...


Email and links to click? Phishing + trojan.
 
2014-04-25 05:33:02 PM

100 Watt Walrus: I'm now leaning toward ignoring, but if this is a scam, that means Dish Network's Office of the General Counsel isn't smart enough to recognize a scam when they see one - either that or...

1) the scammer is faking both emails (the one from Paramount's agent and the one from Dish)
and
2) they happened to know my Dad is on Dish, they know his Dish account# and his full name
and
3) They'd have to know his brand new email address, just created the week before this supposed infringement


Heartbleed + same damned password for everything.
 
2014-04-25 05:46:07 PM

100 Watt Walrus: I'm now leaning toward ignoring, but if this is a scam, that means Dish Network's Office of the General Counsel isn't smart enough to recognize a scam when they see one - either that or...

1) the scammer is faking both emails (the one from Paramount's agent and the one from Dish) (yes to this)
and
2) they happened to know my Dad is on Dish, they know his Dish account# and his full name
and
3) They'd have to know his brand new email address, just created the week before this supposed infringement


The word you're looking for is "spear phishing".  You have some backdoor into a company's process, but only have access to a small amount of data.  Use what you have to get more.

That link to their acceptable use policy at wildblueworld.com looks pretty suspect.  Even moreso if you dare to click on it.  Doesn't look like it's been updated since about 1998.
But I did some digging and Wild Blue does seem to be a legitimate dish network affiliate, and does own that domain.

what domain does the form to contest it go to?

Really they probably just meant to send it to the previous account holder.
 
2014-04-25 05:46:27 PM

demaL-demaL-yeH: Heartbleed + same damned password for everything.


Not heartbleed: Dish.com wasn't vulnerable, and if this was a scammer, they didn't access his new email addy. They just would have had to know it, which would be a big coincidence because he has not yet used it other than friends & family, and as the contact on this account (and a few others).

Also, the one thing I have taught my dad well enough that he remembers: He does uses unique passwords everywhere. I taught him a system for high-entropy, easy-to-remember but hard-to-guess passwords that are easy to vary account-by-account. (No, it's not the XKCD method.)
 
2014-04-25 05:48:25 PM

100 Watt Walrus: I'm now leaning toward ignoring, but if this is a scam, that means Dish Network's Office of the General Counsel isn't smart enough to recognize a scam when they see one - either that or...

1) the scammer is faking both emails (the one from Paramount's agent and the one from Dish)
and
2) they happened to know my Dad is on Dish, they know his Dish account# and his full name
and
3) They'd have to know his brand new email address, just created the week before this supposed infringement


Is the link (don't click it) to an official Dish network address?  Because there have been phising scams and they've been able to get names, account numbers and email addresses before.  That sounds like a scam to me.
 
2014-04-25 05:55:23 PM

100 Watt Walrus: 1) As you can see from this screenshot of my bandwidth usage this month, I don't think I've even used enough bandwidth to download a whole feature film.


It should be noted that he's technically being accused of sending the movie to somebody else, not downloading it.
But it doesn't refer to the whole movie, so looking at bandwidth usage doesn't technically mean anything.

Your dad could have been drunk and opened up the torrent for that movie while looking for pornography of a similar title.  Gave it a few minutes and realized "oh shiat, this isn't what I wanted", then canceled the download.  During that time, his torrent client would have downloaded a small chunk of the movie and immediately began sending that chunk out to other users. Technically that would be illegal.
I'd wager that with a movie like The Guilt Trip, there's a higher probability that the other leechers are MPAA bots and not actual humans who want to see that movie.
 
2014-04-25 06:04:23 PM

100 Watt Walrus: demaL-demaL-yeH: Heartbleed + same damned password for everything.

Not heartbleed: Dish.com wasn't vulnerable, and if this was a scammer, they didn't access his new email addy. They just would have had to know it, which would be a big coincidence because he has not yet used it other than friends & family, and as the contact on this account (and a few others).

Also, the one thing I have taught my dad well enough that he remembers: He does uses unique passwords everywhere. I taught him a system for high-entropy, easy-to-remember but hard-to-guess passwords that are easy to vary account-by-account. (No, it's not the XKCD method.)


The email makes some references to dishmail.net.  myaccount.dishmail.net appears to be the site he would have logged in to in order to access account settings (like original provisioning etc when he first got set up)?

This is some serious speculation though.
 
2014-04-25 06:13:32 PM
I worked for Wild Blue a few years ago.  I'm gobsmacked that they're still around.  Complete shiat company.  There's a really good chance the fark up was on there end.
 
2014-04-25 06:27:06 PM

serial_crusher: 100 Watt Walrus: I'm now leaning toward ignoring, but if this is a scam, that means Dish Network's Office of the General Counsel isn't smart enough to recognize a scam when they see one - either that or...

1) the scammer is faking both emails (the one from Paramount's agent and the one from Dish) (yes to this)
and
2) they happened to know my Dad is on Dish, they know his Dish account# and his full name
and
3) They'd have to know his brand new email address, just created the week before this supposed infringement

The word you're looking for is "spear phishing".  You have some backdoor into a company's process, but only have access to a small amount of data.  Use what you have to get more.

That link to their acceptable use policy at wildblueworld.com looks pretty suspect.  Even moreso if you dare to click on it.  Doesn't look like it's been updated since about 1998.
But I did some digging and Wild Blue does seem to be a legitimate dish network affiliate, and does own that domain.

what domain does the form to contest it go to?

Really they probably just meant to send it to the previous account holder.


Link to form goes to copyright-compliance.com. Whois shows privacy registration, but the record is 11 years old.

As for the wildblueworld.com site, WildBlue is was a joke of an ISP (they're like the AOL of satellite providers) so it wouldn't surprise me if their use policy page is a out-dated train wreck, but they've been bought by Exede. WildBlue was Dad's ISP, but when Exede came along, Dish offered him a sweet deal to upgrade to their newest service. The two companies haven't fully merged yet, which is why I suspect you see WildBlue stuff in the letter.
 
2014-04-25 06:27:44 PM
Sometimes ignoring things makes them go away.  Responding can often make it worse.

Up to you.

Whatever you decide, make sure you have your Dad put a black (or red) thumbprint on the letter and mail it back to himself.

yea.
 
2014-04-25 06:31:58 PM

serial_crusher: 100 Watt Walrus: 1) As you can see from this screenshot of my bandwidth usage this month, I don't think I've even used enough bandwidth to download a whole feature film.

It should be noted that he's technically being accused of sending the movie to somebody else, not downloading it.
But it doesn't refer to the whole movie, so looking at bandwidth usage doesn't technically mean anything.

Your dad could have been drunk and opened up the torrent for that movie while looking for pornography of a similar title.  Gave it a few minutes and realized "oh shiat, this isn't what I wanted", then canceled the download.  During that time, his torrent client would have downloaded a small chunk of the movie and immediately began sending that chunk out to other users. Technically that would be illegal.
I'd wager that with a movie like The Guilt Trip, there's a higher probability that the other leechers are MPAA bots and not actual humans who want to see that movie.


My dad wouldn't know a torrent client from a hole in the ground. He can barely handle YouTube. Anything beyond Safari, Mail, Word and Excel is well outside his comfort zone. He's been using Macs since 1985, and he still doesn't understand what I mean when I tell him to go to the Finder.

I guess I misunderstood the original message. If he's being accused of uploading "The Guilt Trip," that's even funnier. There is no version of the universe in which my dad would know how to upload a movie.
 
2014-04-25 06:33:28 PM
I wouldn't watch it
 
2014-04-25 06:36:34 PM
1.bp.blogspot.com

Get your son this or some other VPN (usually around $5 per month).  without it he might was well be farking street hookers without a jimmy. You, too.

http://lifehacker.com/5940565/why-you-should-start-using-a-vpn-and-h ow -to-choose-the-best-one-for-your-needs
 
2014-04-25 06:48:03 PM

serial_crusher: 100 Watt Walrus: demaL-demaL-yeH: Heartbleed + same damned password for everything.

Not heartbleed: Dish.com wasn't vulnerable, and if this was a scammer, they didn't access his new email addy. They just would have had to know it, which would be a big coincidence because he has not yet used it other than friends & family, and as the contact on this account (and a few others).

Also, the one thing I have taught my dad well enough that he remembers: He does uses unique passwords everywhere. I taught him a system for high-entropy, easy-to-remember but hard-to-guess passwords that are easy to vary account-by-account. (No, it's not the XKCD method.)

The email makes some references to dishmail.net.  myaccount.dishmail.net appears to be the site he would have logged in to in order to access account settings (like original provisioning etc when he first got set up)?

This is some serious speculation though.


Thanks for that, but it's not where he went to maintain his account. That's my.dish.com.

myaccount.dishmail.net is just the front door to their brand-skinned gmail UI.
 
2014-04-25 11:27:30 PM
Has anyone said 'ignore it completely'?
 
2014-04-26 12:22:56 AM

lewismarktwo: Has anyone said 'ignore it completely'?


Yeah, that's come up. My only concern is that if this is legit, the next step may be something that's harder to walk back. And since we know for sure this is 110% bullpucky, I think we'll contact the ISP at least, but probably not respond to the studio's law dogs.

Anyway, thanks everyone. It's been a very helpful process.
 
2014-04-26 04:22:41 AM
I got a notice like that once. Secured my WiFi and completely ignored the E-mail. That was 7 years ago and haven't heard a peep.
 
2014-04-26 04:54:12 AM

MagSeven: I got a notice like that once. Secured my WiFi and completely ignored the E-mail. That was 7 years ago and haven't heard a peep.


In this case, the wifi was already secure - both by a strong password (although yes, I know about Reaver) - and by being in a remote location where nobody could be in range without sticking out like a sore thumb. Thus, a little bit more concern.
 
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