Infringement notice on illegal torrent movie download in matter of days!

Hi all, got an infringement notice from my ISP netcube for the first time. Haven't downloaded movie for a while (mainly streaming from Kodi), one illegal download, then bang they got me lol. Content as below:

Dear XXXXX

Netcube has received a claimed infringement from the copyright owners of content you have allegedly downloaded as attached. The IP address provided by the complainant indicates that the conduct occurred over your Netcube Service.

As this type of infringement is taken seriously, it is our responsibility to advise you that Netcube does not condone the use of our internet services for activities which are offensive, illegal, or infringe on the legal rights of other persons. Such activities are expressly mentioned in our Terms and Conditions and these Terms and Conditions are a basis of which Netcube may suspend or terminate the services to you.

Within this claimed infringement notice it is alleged that you, or someone authorised by you, via your IP address has engaged in such activity. If you agree that you did engage in this activity, please cease it immediately. We also ask for you to stop future use and sharing of the exclusive copyright that is alleged to be infringed herein.

If you have any questions about this email or our Terms and Conditions, please contact Customer Service on [email protected] or 1300 58 68 78.

Please find attached the copy of the claimed Infringement.

Thank you.

Kind Regards,
NetCube Infringements Team
E-mail: [email protected]
Phone: 1300 58 68 78

FORWARDED EMAIL:

Dear Sir or Madam:

We are contacting you on behalf of Paramount Pictures Corporation (Paramount). Under penalty of perjury, I assert that IP-Echelon Pty. Ltd., (IP-Echelon) is authorized to act on behalf of the owner of the exclusive copyrights that are alleged to be infringed herein.

IP-Echelon has become aware that the below IP addresses have been using your service for distributing video files, which contain infringing video content that is exclusively owned by Paramount.

IP-Echelon has a good faith belief that the Paramount video content that is described in the below report has not been authorized for sharing or distribution by the copyright owner, its agent, or the law. I also assert that the information contained in this notice is accurate to the best of our knowledge.

We are requesting your immediate assistance in removing and disabling access to the infringing material from your network. We also ask that you ensure the user and/or IP address owner refrains from future use and sharing of Paramount materials and property.

In complying with this notice, should not destroy any evidence, which may be relevant in a lawsuit, relating to the infringement alleged, including all associated electronic documents and data relating to the presence of infringing items on your network, which shall be preserved while disabling public access, irrespective of any document retention or corporate policy to the contrary.

Please note that this letter is not intended as a full statement of the facts; and does not constitute a waiver of any rights to recover damages, incurred by virtue of any unauthorized or infringing activities, occurring on your network. All such rights, as well as claims for other relief, are expressly reserved.

Should you need to contact me, I may be reached at the following address:

Adrian Leatherland
On behalf of IP-Echelon as an agent for Paramount
Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States
Email: [email protected]

Evidentiary Information:
Protocol: BITTORRENT
Infringed Work: XXXXXX
Infringing FileName: XXXXX
Infringing FileSize: XXXX
Infringer's IP Address: XXXXXXX
Infringer's Port: XXXXXXX
Initial Infringement Timestamp: 2015-08-10T09:19:23Z

I knew the government has authorized companies to pursue copyright infringement, just didn't know it's that full on. I meant I downloaded plenty of stuff before this, never got caught. Did change to netcue as of this month. Could it be Netcube actively reporting users? Apparently this is just a warning, so guess I better be more careful in the future. Better VPN more then ;)

Has anyone else got it too recently? Do we get 3 strikes or something before court action or fine?

P/S THE MOVIE WAS NOT DALLAS BUYER CLUB (SHIT MOVIE ANYWAY)….AND I JUST DOWNLOADED IT 3 DAYS AGO..SHIT'S GETTING REAL GUYS!

Comments

        • @downero: Yes mate in melbourne, australia

        • @johnnybravoo0: I thought all the fuss with iinet vs shit movie is because no one has been fined in Australia because there are no set rules against torrents

        • @holden93: It's a huge list, if only they put a comparison table up..

        • @Droid11: Wow, I've found vpn.sh to be absolute crap for me. I still have the trial I think but stopped using it ages ago. Most servers I wanted I could not connect to and when I did speed was about 1/8 of my actual available bandwidth.

          When I did issue a support ticket I never got an answer.

          Get what you pay for I guess :)

        • +45

          Not fined.

          They may have received some quasi-legal/ semi-legal/ not-at-all-legal/ letter of demand for some absurd amount of money for 'compensation', etc.

          But not a 'fine'.

          Only legitimate government or government-affiliated bodies can issue 'fines'. Private companies cannot do so.

          As far as I can recall, no Australian state or federal governments have yet been taken over by any large multinational entertainment corporations. (Despite what egregious and excessive levels of influence such businesses may wield.)

          Further, in the situation where someone fell foul of the criminal provisions of the Copyright Act (1968), or its later amendments, one would not simply receive a 'fine'. The DPP would launch a prosecution. This would only happen (and has only happened) where there is 'commercial advantage' or profit involved in the infringement.

          And the idea that extremely costly and extremely complex criminal proceedings would be launched by Australian DPP against an individual private citizen over a trivial non-commercial alleged breach (ie, downloading a movie or TV show for their own use) is almost laughable.

          And yes, it is possible for foreign (and affiliated local) companies to launch civil suits against individuals. It must be noted though that Australian courts generally do not tend to go in for large punitive damages. This has been shown in cases where parking companies try to 'fine' consumers with $50 - $70 notices. They have to prove that the amount was the actual amount of loss they suffered. It would be likely that entertainment companies would have to show that they 'lost' $600 (or whatever they are claiming). Again, our courts would be more likely to say: "Hey, the cost of a cinema ticket is $17, and a DVD is $25. Mr Bloggs pirated your movie, and your loss was…. $25.00. Next case."

          There is a huge amount of scaremongering regarding piracy in the media, and in some online areas. It pays to look at who is promoting the fear tactics, and that organisation's ownership. For example, News Corp have extensive (one could say excessive) ownership of print media in Australia. And 21st Century Fox happens to be a part of the News Corp conglomerate. One could argue a certain level of self-interest applies.

          All of this is not to say that this present federal government (or subsequent ones) may not introduce legislation to criminalise petty copyright infringement. In fact, I think we are actually heading in that direction, particularly with the passing of the appalling Copyright Amendment (Online Infringement) Bill 2015, and its ludicrous provisions to 'block' supposed pirate sites. It's only a short step, and with bi-partisan support, a relatively easy one.

        • +7

          @Roman Sandstorm: ^This!

          As a side note, did anybody else think that the introduction of the Online Copyright Infringement Bill seemed to coincide rather serendipitously with the launch of Netflix in Australia…Netflix et al. seem to have done exceedingly well out of our gubbermint! The irony of this convenient timing was not lost on me! ;)

        • +1

          @StewBalls:

          It's funny, my brother was just saying this the other day to me too. We were wondering which big media company was behind the OCIB— we found the timing of the Netflix launch pretty convenient, but in the end we think Fox is one of the bigger guns putting pressure on the Government.

        • +1

          @Roman Sandstorm:

          This is nearly spot on, take my like good sir!

          Here's the expanded version: http://mbtlawyers.com.au/internet-piracy-3-strikes-and-youre…

        • @Roman Sandstorm: Again once the TPP is signed by our pathetic corruptible politicians this will all change

        • +1

          @StewBalls:

          Will Netflix be paying Australian taxes on their Australian profits? Stupid question- forget I asked.

  • -2

    After the whole Buyers Dallas Club thing and while the issue is still hot, its pretty silly to download anything via Bittorrent now…not worth the risk.

    • It will be hot regardless from now on due to change to government regulations..but I definitely didn't expect to get notice 3 days after downloading the movie

  • +1

    its pretty normal, I used to received this from TPG every 6 months, just deleted that torrent and use vpn or seedbox if you want to be safe

    • Wow..every 6 months? I meant I torrented almost all my life..this is the first time I got done…pure luck?

      Did you get any notice to pay fine?

      • +5

        I used to get them from TPG on occasions too (this is going back a few years). Never paid any attention to it, never changed my behaviours, never got a fine. Those letters just used to be a way for the ISP to show they're "actioning" the infringement to absolve them of their part in it. It used to mean next to nothing, not sure if they're taking it more seriously now though…

        • +1

          iirc current Australian federal government policy requires all ISPs to develop and implement an industry Code (3 strikes ban) to be implemented in September 2015

  • +3

    Just wanna add on something here…IT'S NOT ILLEGAL IF YOU STREAM..JUST SAYING ;)

    Guess I better just let my movie finish buffering instead of risking downloading..

    • +2

      where is a good place to stream?

      • +19

        Nice try ASIO. ;)

        • -2

          lol your funny

        • +1

          he got 13+ votes yet I think his comment is funny and i get negged for that? lighten up people annon was joking, im pretty sure it was meant to be funny.

        • -1

          @kima: lol captain much?

        • +1

          @highdealer: not with you

      • +1

        Netflix

    • +2

      Exactly my point to everyone I know who torrents.

      Torrenting essentially makes you a distributor and its fair enough that companies say you owe silly amounts as you 'gave' it to lots of people.

      Streaming makes you a viewer. If they catch you streaming then you are limited to paying for that one item, and its unlikely they will pursue you considering the costs to do so will outweigh the money you will have to cough up.

  • I've had this email twice from two different companies, 3 days is a long time to wait. My first one was under 4 hours and the second one was under 12 haha

    • holy shit, looks like every movie company is on their torrent scanner now..

    • which ISP you with? Did you get notice to pay fine?

      • TPG and nope.
        They were both in separate houses.

        From my experience you only really get caught when you seed torrents.

  • +1

    For Windows users, using Internet Download Manager(IDM) is quite helpful for downloading videos whilst streaming…It's quite helpful when there is no download option when watching that movie. Not sure if it would be illegal or just a "loophole"

    One of the reasons I regret being a iOS user

    • Any expert opinion on this?

      • Copying a stream locally is far harder to detect as all of the copying is done locally. You aren't sharing your copy with anyone else either.

        Torrenting is basically asking internet strangers to send you small parts of a video or file. Then you send parts of your copy out to more internet strangers.

        Many movie streams are not authorised. You may still be violating someone's IP by viewing a stream. But it's harder to prove and you’re not sharing your copy.

  • Hey guys, if I use a VPN.sh's server located in Australia, am I still "invincible" in term of torrenting data?

    • +2

      No you're not, and VPN.sh is explicitly said (not in TOS, only via rep in Ozbargain) that they are not condoning pirating and thus disabling any torrent activity. I asked refund straightaway.

      • Well, it's free anyway..Guess won't be renewing with them.

  • +7

    Bring back pirated DVDs

    • Blu-ray this time

  • +1

    Judging by the size of the file you allegedly downloaded and it's from paramount it's pretty easy to work out what you allegedly downloaded with hard coded Korean subs.. ;)

    But seriously, get a VPN.

    • which one would you recommend? So many out there in recent years..

      Back to my previous question, is it advisable to use Australian VPN server though?

      • You posted about it before from torrent freak - look to those ones - also you can check out whirlpool forums on what people use.

        I've only tried cyber ghost but that's because I got a free subscription off ozbargain a while back.

        • Cyberghost is OK for me in terms of speed, but if the bandwidth gets hit hard by other devices on my router (not through the Cyberghost on my PC), the connection drops and the stupid thing sits there in a yellow screen telling me the internet connection is locked instead of simply re-trying the connection.

          Numerous e-mails back and forth to Germany on this, but no resolve. Technicians don't seem too helpful.

          Still looking for relatively cheap, reliable and fast alternative but for now it is best value for me (when it works).

        • @Ramrunner: Never had a problem with Cyberghost but with the free version I manually selected Bulgaria for the fastest speeds often 2mb/s plus.
          Free trial is over so I took them up on the 50% off deal ($1 week) Now I have the world, Singapore seems faster.

        • @Davros: Yeah, I took em up on some sort of deal I do not recall but it was ridiculously cheap. I normally end up in the US on auto settings, and I've tried Romania on the technician's advice.

          I will try Bulgaria and Singapore as well.

          I THINK the VPN is dropping only when my on-line backup kicks in. There is so much bandwidth being used on my pissy little 30Kbps upload (yay ADSL1), it can't cope holding the connection.

          The problem I have is Cyberghost doesn't re-try to establish continuously (once backup is finished it should be clear sailing again). But trying to get Germany to do anything about it seems to be futile. All I want is a "Continue re-trying" checkbox really. Doesn't sound hard to an ex-programmer like me.

          Their API does not allow me to check whether the the VPN is up or not so I haven't bothered programming anything myself because it would only be a cludge.

      • I have 100mbit connection with nbn optus, I use private internet access , the Netherlands server and get 80mbit on Usenet. Only get about 15 Max on torrents though. They'll let you pay with bitcoin or even american giftcards like Walmart if you want another layer of anonymity. They'll let you have 5 simultaneous connection as well.

  • Aren't ISPs still able to track what you do even if you have VPN?

    • They see you have a secure connection to a remote server and that's it. A VPN creates a secured private tunnel from where you are running it (e.g local pc) to the remote server.

      I'm not saying it's not impossible, but it is certainly difficult to determine what data is being transferred between the two.

    • If the vpn server logs what you are doing and somehow the right holders get that data then you'd get caught… But it's unlikely if you choose your vpn wisely.

  • I think it's probably because the movie is still showing in cinemas (hint: action movie that's been done many times).
    VPN is pretty slow for torrenting, but it's probably worth the wait. I personally don't bother anymore, streaming through my box is quicker.

    • Which box are you streaming from?

      • Just an Android 4k tv box, running kodi on it with icefilms installed.

        • Icefilms? Care to elaborate?

        • @pointless comment: Google is your friend :)

        • @clse945111: well, lately google is getting less user friendly then it used to (in terms of crack/pirate contents). Sometimes I switch to Bing to do a second search.

        • If it gets "ozbargained" popularity these streaming "services" get blocked by the end of the year by ISPs :<

        • @clse945111: cant actually find info on what is exactly , how it works etc. i have a rough idea but wondering if it is full of malwares like torrents can be if u dont know what ur doing, or if there are any ISP infringe,ent problems etc etc

        • icefilms…..nice tip….for sports try SportsDevil if you haven't already…..

    • VPN is pretty slow for torrenting,

      You're not doing it right

      • How am I not doing it right?
        My connection is 100mbps (which is roughly 11~12MB/s), without VPN I get 11, with VPN the maximum speed I get would be roughly 3.
        I haven't had the courage to try the Australian server, as I have a feeling that it's probably the same as not having VPN.

        • +3

          And 3mb/s is not fast enough eh?
          That gives you an 800mb movie in how many minutes?

        • -5

          @Davros: Not fast enough, I want my movie downloaded under 10mins.
          I also don't download movies that are 800mb, they are usually at least 2-3GB.

        • +3

          @clse945111: Your choice
          The real world is happy enough with downloads of a few minutes
          Good luck finding something faster

        • +2

          @Davros:
          You know why Australia's internet is slow? It's thanks to people who think it's "fast enough"(mainly in the government). You think it's fast enough doesn't mean it shouldn't be faster or improving. There's so much more than just downloading movies with the internet, faster is always better. VPN also has more use than torrenting, so faster is better as well.

        • +2

          @clse945111: I remember no internet at all
          I remember dialup
          I am on cable so for me it is fast and yes I understand some parts of the world, not many, have faster internet than here.

          send any additional complaints here #first world problem

        • @clse945111: I don't know what generation you are, but back in time, when I want to get internet, I was waiting 30 seconds being torture by a freaking dial up tone, and sometimes when connection failed, I had to do it again and again. I was so happy if I got 6 Kilobytes per second those days

        • +1

          @ntt: @Davros:
          I don't know what you guys are trying to say. Sure, you can say that compared to dialup we have very good internet now, but what's the point to compare, so we don't need faster internet in the future?
          I was born in '94 so I was using dialup until I was about 5, then ADSL came, so I know what slow internet is like, but back then as faster internet didn't exist, we were happy with slow internet anyway.
          In 2030 we'll probably think back and say oh our internet was so slow in 2015. Or it probably won't happen, as Australia's internet will be stuck on 100mbps (FTTN), but the world will look at Australia and say that oh it's still a developed country that has one of the slowest internet.

      • using vpn + socks5 proxy most torrents sit at max speed, depends on quality of seeds i guess :^)

        • Which vpn? And what's your normal speed without vpn? And after?

  • Wait I thought it was standard to remove all the trackers prior to initiating the torrent…that is how the anti piracy companies are logging the seeders…

    • and how do you do that?

      • +2

        I use utorrent. so when you add a torrent, at the page where you can select the directory path, there is an "advanced" button on the bottom left. Click that and you will see a box with many funky web addresses. Those are the trackers mainly to facilitate peer discovery. However anti piracy companies may insert there own for tracking downloaders. so to be on the safe side, delete all before starting torrent. It may hinder your peer discovery and download at a slower speed but this is suppose to avoid being tracked.

        • +1

          ah, didn't know that…thanks!

        • +1

          i dont know if this is a solid fix - you still have to direct peer in a swarm to recieve any bandwidth - direct and clear IP-IP connections. Sure you may not automatically get the entire gamut the tracker puts forward on your peer list, but who says the peers you are sharing with are not the copyright holders or agents?

        • @richox: Was about to ask you which should I delete..cuz after I delete them all, it will be 2kb download speed lol ..guess I just have to stick to VPN then

        • @Droid11:

          yep VPN makes the IP the agent will see is the IP you are connected to VIA your VPN provider. The VPN provider is ABSOLUTELY capable of linking that IP they gave you, to your home IP.

          ALL OF THEM CAN LOG THIS, AND LOG IT WELL. DONT (profanity) BELIEVE THEY WILL ALWAYS BE GOOD - AND IF THEY DON'T DO IT RIGHT NOW, THEY CAN START DOING IT ANYTIME. However if this keep these logs secret, when they get DMCA requests, then who cares.

          so pick one that keeps it secret and watch out for any sneaky changes to their privacy policy aka vyprVPN. my friend personally recommends nord VPN - no link to me, i just believe he has directly corresponded with them and had good feedback on their lack of logging etc.

          or investigate desi server/seedbox setup. then get yourself onto some Private trackers. thats the maximum level of safety that is practically achievable in my view. and thats how i roll. 12 minimum 1TB per months of TV, movies and music and never a letter

          on a side note, you can also TOR over VPN. however my basic understanding of the TOR network is that the final exit node still has your details and thus can be a security risk. still, a possible additional layer of protection.

          and really all this basic tech speak is covered to death on google so just get into it, you'll be exceeding my meager knowledge inside of 2 hours study.

        • @richox:

          So basically, what you are saying is that everything can log you. So best advice, dont download any shit illegal…

        • @Droid11:

          Some people leave the demoniod one in as that is a well known private file sharing website. I personally delete all. But some torrents, I struggle to get a decent speed. It is a hit or miss. But if you really have to download stuff, try to stick to a private torrent website. These usually require an invite and a minimum upload ratio to stay as a member. Demonoid is obviously one of them…

          The issue comes in when anti piracy companies put out a movie torrent in public domains like piratebay that is actually a trap for people to download and that is how they log your ip.

          You can stick to VPN if you like. But to be honest, best thing to do is not to download anything. Just stream off an android box…

  • relax…as long as the account is not under your name, you'll be fine.

    • You mean under deceased name to avoid any infringment. The account is one of family's member name, so it does not matter to actual person pirating but does to account holder (e.g. Family) which again is the same thing.

    • It's actually is..haha..but I'm not worried…just gotta remember to use VPN that's all..

  • +3

    Hah…let me ask you kind sir. Can I, as someone trying to sue/take up a legal action against you…prove that you downloaded it? Not one of your children or wife?
    If I ask you..you blame the children….if I ask the children…they blame the Mrs…if I ask the Mrs…she blames you. An IP only proves someone in this house of 5 people committed a murder…. I can't jail all 5 of them based on that..I need more evidence to prove that Mr X out of the entire family downloaded my copyright product. :)

    • Or what about a 'hacker' living nearby, assuming you have a WIFI connection? It's amazing how easily/commonly accounts/passwords (etc.) are compromised these days…

    • This may work as a defense in court, but your ISP will have no second thoughts about terminating your service.

    • Within this claimed infringement notice it is alleged that you, or someone authorised by you, via your IP address has engaged in such activity.

      From what I understand, if the OP is the account holder, he is responsible, even if a family member downloaded it.

      If it was a hacker, I'm not sure how you can prove that, but if it does get through court, like Dagmar said, ISP will likely terminate your service.

      • +4

        I can authorize you to work in my restaurant's kitchen, that won't make me responsible for you murdering the head chef with the meat knife. The OP took internet connection and anyone in the house who is his family and is an adult used the services, the OP did not give written permission to download illegal content. What the others did with the services OP offered in good faith is not OP's responsibility.
        If the ISP terminates his connection, sign up with another ISP.

        In all reality, people have been receiving emails of these exact content for years now. All he has to do is ignore the letter, and not use public trackers.

        • you say this but if your the driver of a car and someone isn't wearing the seatbelt or someone transport drugs in your car then you are held responsible

        • @kima: Analogy fail… unless the account holder is physically controlling the computer while taking orders from torrenter.

        • @kima:
          That's because it's a criminal offence to not wear seatbelts or to deal in drugs.

          Infringing copyright is a civil matter.

        • +3

          @matt6589:
          For seatbelts, you are the driver…you are in the car…and can and meant to look around ask if everyone has their seatbelts on. I do that every time. So you are physically present and is asked to make sure you take the responsibility of the safety.

          If drugs are found in your car, you are a driver, yeah they will take you to cop shop, interrogate you, and then have to prove you knew that drugs were in the vehicle…if they can't they have to let you go. Why do you think they need gazillions of proper evidence before they arrest and take a person to court for any crime. If they can't prove beyond doubt that this person was guilty, he is walking free from there. All it takes, is one jury to have reasonable doubt.

          You cannot be physically present and keeping a track of who is using the internet service you are paying for. There is no law for it, yet.

    • +1

      I have an original Nintendo DS which can only support WEP encryption. So my network is secure. I don't know who could have been using my internet connection…

      Oh, WEP can be hacked in 10 minutes? What, that's not what the sales guy said 10 years ago!

      • You: But I was using WEP encryption your Honor. I didn't know strangers could access my connection.

        Magistrate: You're free to go

    • -1

      The account holder would be required to have the right safety measures in place to prevent unauthorised use.

      • According to who?

        • There is no documentation online to show your ISP support internet sharing in any form even tho they supply you with a wireless modem.

    • +2

      That's why this current government is so stupid. If we have half of what Americans at the same time & price, I bet many wouldn't even bother to download TV shows etc. It will just cost taxpayers more money to enforce the piracy law, and they're feeding "foxfail"'s greed to monopoly the market with their inferior and overpriced products. Same can be said for Stan, Presto, and even Netflix AU

      • Since I subscribed to Netflix (US) some 3 years or so back, I rarely download movies/tv shows. There's so much stuff to watch, keeps me occupied. :)

  • +1

    It's time to find a new VPN. is PIA still currently being the most recommended VPN for torrenting?

    • -4

      It can still be tracked, don't for a moment think that a VPN will protect you..

      You are connecting to a VPN and then the VPN is downloading it.. The path still leads to you, yes it makes it harder for them, but not very hard, they know all these tricks well before you signed up for the VPN service.

  • +8

    I'm not sure if you realise this OP, but ISPs have been forwarding these types of letters on to users for the better part of a decade. Yours is almost identical; word for word; to one I received back in 2006. I wouldn't be panicking just yet! ;)

    • I'm not really panic…but I meant I been with that many different ISPs over the years, and I done worse torrenting while I was still an uni student…never got the email once….

      • The ISPs may have received the e-mail, and just not forwarded it to you as previously they had no ground to stand on.

        ISPs are now forwarding them on.

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