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

[vfotog]

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.

 

[unpopular]

meh.

 

[vfotog]

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.

 

[unpopular]

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.

 

[footballfan993]

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.

 

[robbins.photo]

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.

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.

 

[unpopular]

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.

 

[footballfan993]

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.

 

[AlanKlein]

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

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

 

[unpopular]

Well, you could have him put the service into his name so that the liability is his.

For added protection, have him sign a notarized document that states that he will assume all responsibility for the network, including illegally obtained software.

 

[footballfan993]

The reason the internet is in my name is because I was living there for a year before he was.

 

[waday]

Seriously, lock him out. Even if it's only for a few days or weeks. Or a month. Maybe it'll scare him enough to stop doing it, or to listen to you.

College students think they're invincible, and it's usually a rude awakening to the real world.

But, about that password, make it a minimum of 12 characters, including at least one lower case, upper case, number, and symbol.

 

[vfotog]

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.

Don't put words in my mouth. I said Zenimax sues and they do. I did not say they sue everyone, or that they sue individuals. They can, but that doesn't mean they will. But there's no reason to pretend there isn't a problem that needs to be dealt with. Charter got a DMCA takedown notice. They send out letters because if they don't deal with infringers, they lose their safe harbor status and become liable for the infringements. So they would much rather lose some infringing customers cos it's much cheaper than the alternative. No the OP is not likely to be sued but it is possible. OTOH, with roommates and an irresponsible brother, there's a very good chance of further infringements. That would force Charter's hand and his service is most likely going to be disconnected. That's not really convenient for most people and he might actually want or need their services now or in the future. The OP at least has the sense to try and prevent future infringements.

 

[unpopular]

And likewise, I never said to "pretend there isn't a problem" only that at this point the legal issues are between Charter and Zenimax.

Charter probably gets hundreds, or even thousands of these notices every month. For the OP this is a scary incident with scary letters authored by scary lawyers. For Charter though, it's everyday business. I doubt that anyone is sitting around in a board room debating over what to do about Footballfan993.

I'm sure that they have a set procedure of how to handle these things.

BTW - (I am not an attorney, the following is not legal advise) I did some brief poking around, and it would seem difficult to even recovery statutory damages in cases of individual piracy. And in your case specifically, as far as I am understanding it, they couldn't since statutory damages can only be recovered if the violation is "willful". What "willful" means exactly is pretty vague, but having someone unknowingly download software from your network certainly does not constitute that. This is why Zenimax gives Charter notice.

Now, allowing your brother to use the network in the future is another case.

 

[footballfan993]

Hilourity ensued today!

So this morning before work, I tried to change the password for the router, I did change it, but I was unable to reconnect to it before I left for work. So my brother is currently on the phone, and virtual computer with tech support resetting my router! And I think he paid for it too! But he did use my parents credit card.