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Is there any real consequence for ignoring "Notice of Claimed Infringement"?
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Is there any real consequence for ignoring "Notice of Claimed Infringement"?

Azayaka_MiraiAzayaka_Mirai Member, Host Rep

As an ISP, we receive emails from big companies complaining about torrenting.
However, it is almost impossible to completely block torrenting (if there is a method to do so please share with me!). In addition, due to our network architecture (NAT-related), we are unable to identify the user that was torrenting even though the big companies provide outbound IPs in the email. So, I am just wondering, what will happen if I just ignore all those emails?

Comments

  • Nah, besides some occasional 5,000lbs dumb bombs being dropped on retirement villages. Otherwise, pretty OK.

    Thanked by 1chedenaz
  • deankdeank Member, Troll

    It is mostly luck of draw.

    99% of time, nothing will happen, but when a company wants to make an example, someone , somebody, will be picked.

    It could be you, eventually.

    It's basically like a reverse lottery where, when you win, you will lose shitload of money.

    Thanked by 1Azayaka_Mirai
  • @Azayaka_Mirai said: due to our network architecture (NAT-related), we are unable to identify the user that was torrenting even though the big companies provide outbound IPs in the email.

    Sounds like you need more logging in place.

    Thanked by 1lentro
  • @deank said:
    It is mostly luck of draw.

    99% of time, nothing will happen, but when a company wants to make an example, someone , somebody, will be picked.

    It could be you, eventually.

    It's basically like a reverse lottery where, when you win, you will lose shitload of money.

    You take this back right now, under section 816,8008135, subform R-6R347 disputes your very fact on all fronts. So i urge you to take it back, right now. OK

  • jarjar Patron Provider, Top Host, Veteran
    edited September 2021

    If it happens often enough and it's clear to them that you're not doing anything to combat it, and if there is a legal framework for them to go after you in your legal jurisdiction, they can and very well might take you to court. I have seen it happen first hand.

    And if there is no legal framework for it in your jurisdiction, they might just fly in with helicopters and tell your government to dare try and stop them. Where there's enough money and motivation, there are few limits to what can happen.

    Personally I'd recommend notifying your users and asking them to stop. If they continue to get complaints, terminate their service. Why bother standing up for someone too stupid to use private trackers anyway?

    Or you could just block public trackers from your nodes and be done with it. There are GitHub projects around this.

    Thanked by 1Azayaka_Mirai
  • deankdeank Member, Troll

    Indeed, no need to stand up for those who look for "off shore, DMCA-ignored" hosting while demanding to pay as low as possible.

    Fuck'em.

    Thanked by 1bdl
  • @jar said: ... they might just fly in with helicopters ....

    Whos to say they wont fly in with a B52? Helicopters seem like the least of worries.

    Thanked by 1jar
  • nothing for dmca unless ACE takes an interest in you, but they usually goes for big sites or IPTV providers

  • TheLinuxBugTheLinuxBug Member
    edited September 2021

    @Azayaka_Mirai said:
    As an ISP, we receive emails from big companies complaining about torrenting.
    However, it is almost impossible to completely block torrenting (if there is a method to do so please share with me!). In addition, due to our network architecture (NAT-related), we are unable to identify the user that was torrenting even though the big companies provide outbound IPs in the email. So, I am just wondering, what will happen if I just ignore all those emails?

    Let me try and make this a bit easier to digest for you. This will be completely dependent on the jurisdiction and what the laws are where you are. If you are in a place that doesn't have laws around this then technically nothing will happen if you ignore them.

    That said, if you are concerned about this, instead of asking on LET you should be contacting your local council (lawyer) that you retain for your business and you should be asking them what your responsibilities under law are. If you are concerned about this, then spending the money on their advice (and possibly having it in writing) would seem like a reasonable / responsible investment to know in the future you won't have to deal with some government organization showing up at your doorstep and confiscating your hardware.

    my 2 cents.

    Cheers!

    Thanked by 1Azayaka_Mirai
  • btw. torrenting through NAT??? :o

    Thanked by 2frog niknar1900
  • Azayaka_MiraiAzayaka_Mirai Member, Host Rep

    @tinyweasel said:
    Sounds like you need more logging in place.

    Totally agree... it's just I don't feel good to log all the traffic :(

  • Azayaka_MiraiAzayaka_Mirai Member, Host Rep

    @jar said:
    Or you could just block public trackers from your nodes and be done with it. There are GitHub projects around this.

    Hopefully this will solve most of the problems.

  • @Andrews said:

    btw. torrenting through NAT??? :o

    Isn't that normal for residential ISP?

  • ehhthingehhthing Member
    edited September 2021

    In Canada, there is a law requiring ISPs to notify people when they are notified of copyright violations.

    TekSavvy, which is one of the smaller ISPs here sends these notices with a preamble to pretty much ignore what it says.

    Don't ask for legal help on a lowend forum... Contact a lawyer.

    Thanked by 1Azayaka_Mirai
  • Daniel15Daniel15 Veteran
    edited September 2021

    @Azayaka_Mirai said: In addition, due to our network architecture (NAT-related), we are unable to identify the user that was torrenting even though the big companies provide outbound IPs in the email.

    Don't they also provide the port number? IP + port should be sufficient since the mapping from port number to internal IP would have been in your NAT table.

  • stefemanstefeman Member
    edited September 2021

    @jar said:
    If it happens often enough and it's clear to them that you're not doing anything to combat it, and if there is a legal framework for them to go after you in your legal jurisdiction, they can and very well might take you to court. I have seen it happen first hand.

    And if there is no legal framework for it in your jurisdiction, they might just fly in with helicopters and tell your government to dare try and stop them. Where there's enough money and motivation, there are few limits to what can happen.

    Personally I'd recommend notifying your users and asking them to stop. If they continue to get complaints, terminate their service. Why bother standing up for someone too stupid to use private trackers anyway?

    Or you could just block public trackers from your nodes and be done with it. There are GitHub projects around this.

    Here is comprehensive list of all active public tracker domains currently. (From Quickbox Pro).

    https://pastebin.com/raw/WsvFAssZ

    You would need some kind of cron job to resolve those domains into IPs and apply them every now and then as iptables.

    i.e.

    IFS=$'\n'
    L=$(/usr/bin/sort /etc/trackers | /usr/bin/uniq)
    for fn in $L; do
    /sbin/iptables -D INPUT -d $fn -j DROP
    /sbin/iptables -D FORWARD -d $fn -j DROP
    /sbin/iptables -D OUTPUT -d $fn -j DROP
    /sbin/iptables -A INPUT -d $fn -j DROP
    /sbin/iptables -A FORWARD -d $fn -j DROP
    /sbin/iptables -A OUTPUT -d $fn -j DROP
    done

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