Warning Letter from IS/AFRIHOST/BAYTSP

zeely

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One of my clients just got this and crapped himself..

how should I advise him?



-----Original Message-----
From: Afrihost Abuse Department (ADSL) [mailto:[email protected]]
Sent: 13 April 2010 07:43 AM
To: xxxxxxxxxxx
Subject: Network abuse by 196.215.xx.xxx at 2010-04-08 23:17:00 [xxxxx] [#399051]

Dear xxxxx,

The reason Afrihost is sending you this message because you are the contact person for the ADSL account [email protected].
Please read this message carefully.

We received a report of network abuse by the IP address 196.215.xx.xxx. At the time reported, that IP address was in use by the account [email protected]. Afrihost accepts this report as credible evidence of network abuse. We do not allow the violation of our acceptable use policy, irrespective of whether or not the activity is legal or justified.

Please note that unless the matter is resolved, our systems will block access by your account [email protected] and line
021xxxxxx at Tuesday 27 April 07:43 SAST.

We would like you to do as follows:

- Please investigate carefully, and resolve the problem

- Let us know you have resolved the problem at
https://clientzone.afrihost.com/

Once you have taken note of the details below, and you have resolved the problem, please visit the client zone at https://clientzone.afrihost.com/ and fill in the AUP violation form explaining what action you have taken.

The important details are:
- What was the reported problem : copyright violation
- The IP address that was involved: 196.215.xx.xxx
- The time of the incident : 2010-04-08 23:17:00 SAST
- The ADSL user name : [email protected]
- There are no previous reports in this system
- Once this matter is resolved, service will restored without delay.

How did this happen?

- This can happen if one or more of your systems is infected
with malware, such as a spambot. This is fairly common, and
an indication of the insecure state of computer security.
Unfortunately, the toleration of such software violates our
acceptable use policy.

- This can happen if you fail to adequately secure access to
your LAN, such as setting an insecure wireless access key,
or allowing access without appropriate controls. From a
network point of view, we do not have the network
infrastructure or resources to trace the individual
concerned, but we do insist that our network be used in
accordance with our acceptable use policy.

- This can happen if you were responsible for the network abuse
(e.g. if you deliberately sent spam, DDOS traffic, etc.)

As you may not be aware of this incident, please take steps to see how this is happening, including:

- Check your systems with up-to-date anti-virus, anti-spyware
and anti-malware software

- If you are running a mail server, check that it does not act
as an open relay, or accept weak passwords

- Check that your systems are not sending traffic that you are
not aware of. You can examine the network counters on each
system on your network, or capture network traffic with a
tool such as wireshark, from http://wireshark.org/

Provided the problem is properly sorted out, you should not receive this message again. If you have already resolved this matter, please visit the client zone to let us know.

Our terms and conditions prohibit the violation of copyrights, such as the dissemination of copyrighted material without permission of the copyright holder. If you are using peer to peer file sharing, you are using our network to publish content you hold on your computer to other users of the peer to peer system. If that material is copyrighted, and is used without licence and contrary to regular relaxations of the rule, this constitutes a violation of our terms of service.
The original complaint is attached.

Afrihost Abuse Department
011 612 7200

-------------

Service Identifier: [email protected]
Company Name: AFRIHOST
Assigned to:
Suspected Activity: Illegal software
Client IP Address: 196.215.xx.xxxx
Client IP Netblock:
Stalled Status: Client notified


The following update has been done for your complaint as outlined below:

Subject: Notice ID: 22-77530478 Notice of Unauthorized Use of Paramount P= ictures Corporation Property Sent to: [email protected]

Update:
Hi,

We have received a complaint as outlined below, from an IP allocated to your company. Please investigate this issue and deal with your client/user/employee as necessary. Please inform us of the actions taken and the outcome of your investigations.

--
Kind Regards,
IS Abuse

ORIGINAL COMPLAINT

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Notice ID: 22-77530478
Notice Date: 8 Apr 2010 21:17:00 GMT

The Internet Solution (Pty) Ltd

Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount") has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright interests on your IP addresses as detailed in the below report.

BayTSP has reasonable good faith belief that use of the material in the manner complained of in the below report is not authorized by Paramount, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the below report. The Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, as well as bilateral treaties with other countries allow for protection of client's copyrighted work even beyond U.S. borders. The below documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others unauthorized Paramount's materials in the future.

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.

Please respond indicating the actions you have taken to resolve this matter. The provided link has been assigned to this matter.
http://webreply.baytsp.com/webreply/webreply.jsp?customerid=3D22&commhash=
=3Dc7002bc48af1b0eb474cc4f0e2268e11

For email correspondence, please reference the above Notice ID in the subject line. mailto:paramount@copyright- compliance.com?subject=3DRE%3A%20Notice%20ID%3A%2022%2D77530478%20Notice%=
20of%20Unauthorized%20Use%20of%20Paramount%20Pictures%20Corporation%20Pro=
perty

Nothing in this letter shall serve as a waiver of any rights or remedies of Paramount with respect to the alleged infringement, all of which are expressly reserved. Should you need to contact me, I may be reached at the below address.

Regards,

Mark Ishikawa
Chief Executive Officer
BayTSP, Inc.
PO Box 1314
Los Gatos, CA 95031

v: 408-341-2305
f: 408-341-2399
[email protected]

*pgp public key is available on the key server at http://pgp.mit.edu

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. If you received this in error, please contact the sender and delete the material from all computers.

This infringement notice contains an XML tag that can be used to automate the processing of this data. If you would like more information on how to use this tag please contact BayTSP.

Evidentiary Information:

Notice ID: 22-77530478

Initial Infringement Timestamp: 8 Apr 2010 21:02:08 GMT

Recent Infringement Timestamp: 8 Apr 2010 21:02:08 GMT

Infringers IP Address: 196.215.xx.xxx

Protocol: BitTorrent

Infringed Work: Truman Show, The

Infringing File Name: The Truman Show (1998)

Infringing File Size: 734576640

Bay ID: 3d74530d1b5db6b38303dce24635c7e81daef43c|734576640

Port ID: 35934

Infringer's DNS Name: 196-215-xx.xxx.dynamic.isadsl.co.za
 
ignore it,stay off public trackers, encrypt the protocol, and install peer block.
 
Ignore it. The ISPs are obliged to forward any of those letters they receive. But that is how far it will go.

Tell him to use this the next time he wants to download a torrent ... http://www.peerblock.com/

Or give up torrents and use News Servers rather.
 
/sigh, torrent noobs :D

This is basically a letter from IS which Afrihost has forwarded. In the past they have stated that they won't take any action and you can ignore it. The ISPs are basically obliged to forward you the information.

Either use something like Peer Guardian or Peer Block to mask your identity, or ditch torrents altogether. There are far better ways for him to get The Truman Show.
 
you end is neigh...

...baba in prison has been made ready for you coming.
 
ignore it,stay off public trackers, encrypt the protocol, and install peer block.

Please explain the public trackers and encrypting the protocol part.

Thanks

PS. They making a fuss about the Truman Show, lol, how old is that movie!
 
You can ignore it they cant really prosecute you in SA. I work at a ISP and never had a case where they followed through even if u keep on abusing the network :P
 
If you really want to be difficult, ask Afrihost to send you proper proof of this violation. An oath by BayTSP, Inc under penalty of perjury is NOT sufficient proof. Ask to see screenshots, logs, stats, etc of when this violation occured.
 
Please explain the public trackers and encrypting the protocol part.

Thanks

PS. They making a fuss about the Truman Show, lol, how old is that movie!

public trackers i.e thepiratebay are renowned for having peers/seeders that are actually infact hosting the bull**** file and also in some way leeching information from your ip as you download it. (peerblock helps), protocol encryption provides some sort of protectin against ISP's being able to determine whats being downloaded because the information is well encrypted.
 
The ISPs are basically obliged to forward you the information.

No, they are NOT. NO US agency has ANY jurisdiction in South Africa. They are just bluffing! Afrihost also has NO right to look at the files you are downloading. Afrihost can only look at the protocol you are using, i.e. http, ftp, POP3 or P2P. They cannot tell what the content is you're downloading without doing deep packet inspection, which is completely illegal, unless they get a court order signed by a magistrate authorising them to do so. These Americans are just using scare tactics, they have no legal standing.

Personally, if I had to get one of these letters I would lay charges of illegal wiretapping and intimidation against the ISP.

Edit: Obviously the US agency sending out these letters is doing deep packet inspection IN the US, where the file originates. But once again, they have NO legal standing in SA. If the local ISP was the one doing the deep packet inspection you can ask for a copy of the court order. If they can't produce one you can lay criminal charges against them.
 
Last edited:
Question: If i own a movie on dvd/bluray and download a digital copy from a torrent site, is it still copyright infringement? Am i allowed to rip a digital copy of my own DVD ?
 
Question: If i own a movie on dvd/bluray and download a digital copy from a torrent site, is it still copyright infringement? Am i allowed to rip a digital copy of my own DVD ?

You may if You own the DVD. I think if you own a DVD and you download a Digital copy its allowed. The problem is when you 1. Didn't buy the copy and 2. Share it, aka upload like 5 days.

If you bought for example the dvd of Tooth Fairy and you download the torrent Tooth.Fairy.2010.DVDRip.XviD.AC3-Rx it would be fine. If you receive such emails you have the proof that you bought the DVD.

And I'm sure you are allowed to make a digital copy of a DVD you bough but once again sharing that digital copy to people who have not bought the DVD is not allowed.
 
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