Doesn't have to do w/ photography, but still important.

Discussion in 'General Shop Talk' started by footballfan993, Sep 4, 2015.

  1. footballfan993

    footballfan993 TPF Noob!

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    Well, I did talk to my brother last night after I got done with work. It seems to me, that he still wants to turn a blind eye to this situation. He wants to write to the company, and say that it was him that downloaded it, using my internet. but then to say that he was trying to download a 'wrapper' which according to him, makes it completely legal. (I highly doubt this to be true) He has not sent the letter yet.

    I did call Charter's security team to ask them a few questions, but their response was somewhat vague. Surely they don't know what actions the company could take against me/my brother.

    I did also talk to my mom about this and of course she wasn't happy. She of course told me that I have to watch out for my brother. Which I do get where she is coming from, but I have someone more important to watch out for, myself. If this situation has to ruin someone's life, it's going to be my brother's not mine. I don't want this to effect my life at all, and if it does, even in the slightest way, I will be beyond pissed at him.

    My brother did also say that he wants to talk to Charter and an attorney.


     
  2. RyanLilly

    RyanLilly No longer a newbie, moving up!

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    Put his laptop in the microwave for a about a 30 seconds, then stick it back on his desk.
     
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  3. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

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    It's very doubtful the company will pursue legal action against you, normally the letter to the ISP is more of a cease and desist variety and if it continues they could decide to pull your access.

    You can forget about that "wrapper" defense, they know exactly what he downloaded because one of the servers he downloaded it from was there's in the first place, that's how they caught him. So, apologize to your ISP, make sure he doesn't do anything that stupid again, because anytime he downloads anything illegal odds are good he'll get caught.. again. First time out your ISP will likely cut you a break, if it continues you'll likely loose internet access.
     
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  4. vfotog

    vfotog No longer a newbie, moving up!

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    You called Charter's "security team"? They work for Charter; they are not going to advise you how to steal from Zenimax. Charter got a takedown notice from Zenimax and they are required by law to take it down. If the game isn't removed, if there are more infringements, they can and will shut down your account and disable your connection. Since it is in your name, it's your credit and rep that is affected. Your brother can talk to Charter all he wants, IF they will talk to him, but nothing he says will change their obligation to follow the law. As for getting a lawyer, why exactly? Just delete the damn game and don't steal it again. Is he so stupid that he thinks a game is more expensive than a lawyer? I have no sympathy. You can also tell him to google Zenimax. They sue, so in the long run it's much cheaper to buy product and not f*ck with them. And as a mom, tell your mom that she should be concerned about you too.
     
  5. unpopular

    unpopular Been spending a lot of time on here!

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    meh.
     
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  6. vfotog

    vfotog No longer a newbie, moving up!

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    did you read the part that says it's not to be shared? I think posting it is only going to get Zenimax even more angry with you. Personally, I'd delete it.
     
  7. unpopular

    unpopular Been spending a lot of time on here!

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    At this point, I am seeing no indication that you personally are going to get sued; you weren't even supposed to get this email. Honestly, it seems more likely that you'll get a warning letter from Charter, or, at worst, they'll drop your service.

    Essentially, Zenimax is saying - hey Charter, one of your customers was being naughty, do something about it or else we can sue you!

    But even Charter isn't likely going to get sued. They'll likely file this away in order to build a case against them if there is an abnormal number of violations originating from their customers. Zenimax's lawyers are paid too much to go after every zit-faced kid wanting some sweet Skyrim boobies without paying for it.

    I wouldn't necessarily ignore it, mind you. Changing your network password and letting them know your brother is banned from using your connection to download crappy fantasy games isn't a bad idea.

    But really, the ball is in Charter's court right now. What they do about this is up to them.

    I really would not worry about it. Certainly not right now.
     
  8. footballfan993

    footballfan993 TPF Noob!

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    Thanks, Vfotog. Well, I have typed up a roommate contract, for my roommates this year, after having a really undesirable one last year. After this copyright issue came to light, I have added an internet usage clause to it, here's what I typed up:

    15. INTERNET USAGE
    Internet usage is a privilege, not a right. If you are found to be participating in illegal activities or violating the Terms of Service set by Charter Communications, you will be held responsible for your actions, and any consequences that may come from your actions (paying fines, court fees, etc). If you are found using the internet for illegal activities, (using torrents, illegally downloading music, movies, etc) your internet access will be suspended or terminated for as long a time as the account holder deems necessary. During your suspension/termination, you are still responsible for paying the internet bill.

    Unpopular, thanks, however, Zenimax can subpeona for my info from Charter, and they can then sue me.
     
  9. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

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    Yes, they can.. but they won't. I used to work in Risk Assessment - the thing is that it isn't cost effective for Zenimax to sue you. If they wanted to they could and they would almost certainly win, but to bring a suit like this against everyone that pirates there software isn't cost effective for them, so instead they go after the ISP. The ISP will then either convince you to stop or shut off your access so they won't get sued.

    So yes, a roommate contact is probably a good idea, and yes you do want to put a stop to illegal internet usage. But I don't think you need to worry about them coming after you legally. That would be an exceedingly rare occurrence indeed.
     
  10. unpopular

    unpopular Been spending a lot of time on here!

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    Of course they can sue you! (well, maybe... the more I think about it the more complicated it becomes).

    But as Robbins says, they won't. Even if they did sue you and won that doesn't mean that the court will award what they're suing for, and it's equally likely (if not certain in your case) that they'd never actually recover their expenses.

    Like I said, you probably don't want to ignore it. But as of right now, you're panicking over nothing. In these sort of situations you need to stay focused on the facts at hand: Charter has received a DMCA complaint concerning some activity on your account. As of right now, this does not affect you. That could change. But right now, that's what you need to focus on. If they subpoena, or if you get a letter from Zenimax/Bethesda, that's when you need to start worrying about getting an attorney. Until then, this is between them and Charter.

    Also, while Zenimax/Bethesda is pretty sue happy, I haven't found one, single report of an individual being sued. They tried to sue Mojang for a game titled "Scrolls" (and was subsequently thrown out before trial, no surprises there) and now claims against Oculus over IP.

    But I looked for cases where Zenimax has attempted to sue individuals. I'm not sure where vfotog is getting this from.
     
    Last edited: Sep 5, 2015
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  11. footballfan993

    footballfan993 TPF Noob!

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    Thanks, I am a bit worried, about this happening again, because my brother has downloaded things at my parents house as well, but they so far haven't heard any complaints. I'm worried, that even though I tell him to stop, that after some time, that he may start to do it again. I have a feeling that he's that stubborn of a person, he seems like the type to resume illegal downloads, but that is why I have decided to add that clause to the roommate agreement, and I'm having my brother sign one too, along with the other roommate. While talking to my sister about this, she said that I shouldn't deny him internet access because "he's a college student". Personally I don't care that he's a college student or my brother, if what you are doing could effect me, I will take action, in this case, threatening the access of internet. I don't really care that he's downloading things illegal, what I care more is that he's downloading things illegally using MY internet, which could have consequences towards me. He can continue downloading things, but not using my internet.
     
  12. AlanKlein

    AlanKlein No longer a newbie, moving up!

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    Sounds like he should take responsibility and clean his own room.

    But you're not going to change him. So change yourself.
     

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