Copyright Infringement Notice

[AChieftain]

I live in Texas and received a notice from my ISP that a company has sent me a copyright infringement notice and would like me to settle for $250. E-mail was from Ira Siegal and the Copyright Enforcement Group, so they are legit. However, they are representing a company (Reality Kings) that, after a quick search, holds no copyright on the movie I allegedly downloaded, according to copyright.gov(not sure if that's right or not or even if that matters at all).
Anyhow, what should I do? Let's assume I did indeed download the file but it, and the registry files and hard drive, have been wiped.
Should I settle or should I just e-mail them saying "No one here uses the internet for that purpose nor are the files in question found on the computers" and hope I never hear from them again.
Some things: My ISP ( Charter ) has not released my info, nor does the company know the information, just the IP address.

 

[single317dad]

That you've erased the information is irrelevant. If it comes to a lawsuit, they'll produce connection logs showing your activity.

You may be right about the copyright holder issue, but I'd bet you aren't. Even if you are, you'll need a lawyer to prove it.

Saying Siegel and CEG are "legit" is a bit of a stretch. Do they actually send out these notices? Yes. Was it actually forwarded to you from your ISP? Probably. Do they do business in a legitimate manner? That's very much up for debate.

These extortion letters will be addressed via new legislation eventually. The game they're playing is a real load of bull, and thousands of people pay them rather than pay legal fees or risk judgments, even though from the point of the letter being mailed, it's a very long way to proving each and every user's liability for damages.

You should not lie. If the only response you've come up with so far is a lie, you should just keep quiet.

The lawsuits filed by these copyright trolls will eventually be met with proper technical defense,but until that time there's a real danger of being sued and losing.

Legal advice: stop downloading copyrighted material.

 

[AChieftain]

So the best thing to do, if their allegations are true, is to ignore them and hope they leave me alone and not litigate?

 

[STEPHAN]

Let's assume I did indeed download the file

How did you download the file? Downloading is usually not a problem. If you use a P2P software like BitTorrent you are not ponly downloading. You are distributing files.

 

[AChieftain]

Yes. From what I have researched, it doesn't seem that CEG ever litigate against people, is this correct? From everything I have read, it all says to just stop P2P and ignore them.

 

[quincy]

Yes. From what I have researched, it doesn't seem that CEG ever litigate against people, is this correct? From everything I have read, it all says to just stop P2P and ignore them.

First, a correction to what was said earlier: Illegal downloading of a copyrighted work is a problem. That is infringement on the rights of the copyright holder and you can be sued for an illegal download.

If your ISP only notified you that they received a notice of copyright infringement, and your ISP did not say that a subpoena has been issued for them to release your account information, then you are probably all right doing nothing right now. Deleting the download was smart but, as single317dad said, deletion alone does not prevent the copyright holder from demanding compensation or suing you for infringement. The deletion only works to mitigate damages awarded in a lawsuit IF CEG takes you to court.

It is important to note that deleting an illegal download does not remove the download from your computer. The download remains on your computer and the fact of the download can be revealed through a computer forensic examination (which is often ordered as part of discovery in online infringement cases).

With all of that said, you might not hear from CEG again and I would not pay them what they demand unless or until your account information is subpoenaed, indicating a lawsuit has been filed against you. A lawsuit is more likely if you have been downloading a lot of copyrighted works and sharing these with others.

As a further note: CEG does not hold the copyrights in the works. They represent the copyright holders when the copyrighted works are infringed. But, yes, it is important to find out who exactly holds the rights in the work downloaded to determine if the person suing you has standing to sue. In order to sue for infringement, the copyright holder must have their work federally registered.

 

[AChieftain]

Thanks for the in depth answer. I know of the deletion ordeal, it stores in free space and can be reconstructed. I have cleared the free space, as well, however. So getting a deleted file from said free space is not possible as far as I am aware.
I've only done this once when it comes to the company in question so I am no repeat offender, I'm guessing I just got an automated message from them requesting $250 as it typically works. Anyhow, thanks, hopefully they screw off.

 

[AChieftain]

To add, I checked the copyright.gov site again and the "actor" in the 'film' only has 3 copyrighted titles and none of them are the one I allegedly downloaded. Not sure if it's under copyright, I would assume it to be due to how everything nowadays is copyrighted, but I cannot find anything.

 

[STEPHAN]

Anyhow, thanks, hopefully they screw off.

It does no really sound like you leaned something. You stole somebody else's property and distributed it on the internet.

Imagine you wrote book or a piece of software and others would download it and distribute it freely on the internet.

 

[STEPHAN]

To add, I checked the copyright.gov site again

For something to be copyrighted it does not have to be registered anywhere.

 

[quincy]

For something to be copyrighted it does not have to be registered anywhere.

A copyrighted work must be federally registered to sue for infringement - but you are right that a work is copyrighted even without registration.

 

[quincy]

Thanks for the in depth answer. I know of the deletion ordeal, it stores in free space and can be reconstructed. I have cleared the free space, as well, however. So getting a deleted file from said free space is not possible as far as I am aware.
I've only done this once when it comes to the company in question so I am no repeat offender, I'm guessing I just got an automated message from them requesting $250 as it typically works. Anyhow, thanks, hopefully they screw off.

A computer forensic specialist can detect when a downloaded file has been deleted. Even if the file is written over, fragments remain. In other words, there is little you can do to disguise the fact that you illegally downloaded copyrighted material.

I would definitely avoid any more illegal downloading. One notice of infringement might not be a problem. Sometimes two notices will not be a problem. A third notice, however, and you will find that Charter drops you and your risk of an infringement lawsuit by a copyright holder increases substantially.

If, by the way, the copyrighted film was not registered in a timely fashion (within three months of first publication or before infringement begins), the copyright holder will not be eligible to collect statutory fees ($750 to $30,000 per infringed work) or attorney fees. However, the copyright holder will be able to collect any demonstrated losses or any profits made by you as a result of the download.

IF you receive notice that CEG has subpoenaed your account information, you should consult with an attorney in your area.

 

[single317dad]

I know of the deletion ordeal, it stores in free space and can be reconstructed. I have cleared the free space, as well, however. So getting a deleted file from said free space is not possible as far as I am aware.

Just to be clear: with software like DBAN, Killdisk, or Blancco, you can indeed permanently erase data from your computer's disks, even to the point that no one - not even the NSA - could ever recover it. The problem is, they didn't have access to your computer to find out you downloaded the file. They don't NEED access to your computer if and when they do decide to file a lawsuit. They have all the evidence they would need from their end. That said, they probably would want to examine your computer to retrieve additional evidence against you.

What these operations do is sit on the other end of a torrent file (they actually help share the file) and watch who connects to them to download it. They then send out $250 payment demands to the owner of every IP address that connects to them and downloads the files. This is the culmination of efforts originally begun by Sony, who started seeding defective files into the P2P libraries around 1999. So far, these companies' sharing of their own copyrighted works (or the works of those they represent, with permission) then suing end users who take advantage of those works has stood up in court.

I foresee legislation at some point similar to the FDCPA that would disallow the practice of threatening a lawsuit when one has no intention of bringing said lawsuit. These trolls just send out as many letters as they can and hope for the $250 checks to roll in. Their MO is no different than a few Nigerian princes I'm familiar with, other than that they usually have an actual lawful basis for a complaint if you were to antagonize them.

 

[quincy]

Just to be clear: with software like DBAN, Killdisk, or Blancco, you can indeed permanently erase data from your computer's disks, even to the point that no one - not even the NSA - could ever recover it. The problem is, they didn't have access to your computer to find out you downloaded the file. They don't NEED access to your computer if and when they do decide to file a lawsuit. They have all the evidence they would need from their end. That said, they probably would want to examine your computer to retrieve additional evidence against you.

The deletion of files from computers has been discussed in several threads in the past. Generally, if you know that a suit might be filed against you, deleting files can be a mistake. With notice of infringement, and prior to a legal action being filed, deletion may or may not be a recommended course of action. It is always wise to discuss deleting files with an attorney prior to acting, so the attorney can review the facts and the history of the copyright holder. Sometimes deletion is all that a copyright holder wants.

See the following threads previously posted on this forum about "spoliation of evidence" and what erasing data from a computer disk can show:

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/spoliation-evidence-557249.html
https://forum.freeadvice.com/online-purchases-sales-87/recieved-subpoena-563646.html

A computer forensic expert's examination of a defendant's computer is frequently a part of discovery in any online infringement action.

What these operations do is sit on the other end of a torrent file (they actually help share the file) and watch who connects to them to download it. They then send out $250 payment demands to the owner of every IP address that connects to them and downloads the files. This is the culmination of efforts originally begun by Sony, who started seeding defective files into the P2P libraries around 1999. So far, these companies' sharing of their own copyrighted works (or the works of those they represent, with permission) then suing end users who take advantage of those works has stood up in court.

I agree that the tracking of copyrighted material to a downloader's computer is usually enough evidence to support, and win, an infringement suit. There are arguments that can made in defense of an infringement suit if this is ALL of the evidence against a defendant, however.

I foresee legislation at some point similar to the FDCPA that would disallow the practice of threatening a lawsuit when one has no intention of bringing said lawsuit. These trolls just send out as many letters as they can and hope for the $250 checks to roll in. Their MO is no different than a few Nigerian princes I'm familiar with, other than that they usually have an actual lawful basis for a complaint if you were to antagonize them.

What has been discussed, and what is happening already in many cases, is that the notices will be sent by the copyright holder (or the attorney or firm representing the copyright holder) to the ISPs and the ISP will inform the account holder that an illegal download has been tracked to their account. It often will end there if the account holder deletes the file and does not infringe again. Unless the infringement continues, the copyright holder will not pursue legal action and the ISP will not terminate the infringer's account.

That said, the settlement letters demanding compensation can continue and a subpoena can be issued for account information. It is the right of the copyright holder to be compensated for any unauthorized and illegal use of their copyrighted material. In other words, it can be a risk for the infringer to completely ignore a demand letter from most copyright holders, because a lawsuit can result and an award of damages stands to be far greater than the amount demanded prior to suit.

The lowest amount a court will order in damages is $200 (at the discretion of the court and only if the infringement is shown to be "innocent"). Otherwise, an infringer can expect to pay damages from between $750 and $30,000, should the copyright holder take the infringer to court (with an award of statutory damages often in $2500 to $5000 range plus attorney costs).

Because there is a legitimate legal action available to pursue by a (legitimate) copyright holder if their copyrighted work is infringed, neither the settlement demand letters nor the threat of or the filing of a lawsuit can be viewed as a scam or as extortion (unless, of course, the demand letter or suit is filed by someone without standing to sue). Sometimes it is advised to settle, if you know you have infringed and there are indications the copyright holder will take further legal action if payment of the demanded figure is not made. Settlement figures can often be negotiated lower.