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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 116707
Experience:  Attorney practicing all aspects of copyright/trademark law
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I received a charter notice of copyright infringement.

Resolved Question:

I received a notice of copyright infringement today. It appears my son downloaded a porn movie and now they are wanting us to pay. After checking our charter account they have 7 notices for the same movie. What can I do?
Submitted: 5 years ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 5 years ago.
What is the company? Have you received notice from Charter that they are trying to get your information from your IP address?
Customer: replied 5 years ago.
Yes, Charter was the one to send the notice to me. The company is Copyright Enforcement Group.
Expert:  Law Educator, Esq. replied 5 years ago.
The letter you received (please forgive me but it is important to determine your next move) what did it specifically say? Did it say that CEG was looking to obtain your information based on the IP address?
Customer: replied 5 years ago.

This is what I received:

Dear Charter Internet Subscriber:

Charter Communications ("Charter") has been notified by a copyright owner, or its authorized agent, that your Internet account may have been involved in the exchange of unauthorized copies of copyrighted material (e.g., music, movies, or software). We are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder which includes the specific allegation.

Under the DMCA, copyright owners have the right to notify Charter�s register agent if they believe that a Charter customer has infringed on their work(s). When Charter receives a complaint notice from a copyright owner, Charter will notify the identifiable customer of the alleged infringement by providing them a copy of the submitted DMCA notice. As required by law, Charter may determine that the customer is a repeat copyright infringer and reserves the right to suspend or terminate the accounts of repeat copyright infringers.

It is possible that this activity has occurred without your permission or knowledge by an unauthorized user, a minor who may not fully understand the copyright laws, or even as a result of a computer virus. However, as the named subscriber on the account, you may be held responsible for any misuse of your account. Please be aware that using Charter�s service to engage in any form of copyright infringement is expressly prohibited by Charter's Acceptable Use Policy and that repeat copyright infringement, or violations of any other Charter policy, may result in the suspension or termination of your service. You may view Charter's rules and policies, including Charter�s Acceptable Use Policy, under the policies section of charter.com.

We ask that you take immediate action to stop the exchange of any infringing material. For additional information regarding copyright infringement and for a list of frequently asked questions, please visit charter.com/dmca.

If you have questions about this letter, you may contact us at 1-XXX-XXX-XXXX. Representatives will be available to take your call Monday through Friday 8am - 8pm, Saturday and Sunday 8am - 5pm (CST).

Sincerely,

Charter Communications Security Resolution Team
http://www.charter.com/security

--- The following material was provided to us as evidence ---

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

***NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***
July 24, 2011
Re: Notice of Unauthorized Use of Registered Copyrights Owned by Wicked Pictures
Case #: P6095937

Dear Sir or Madam:

This notice is intended solely for the primary Charter Communications internet service account holder. Someone using this account has engaged in the illegal copying and/or distribution of pornographic movies. This notice may contain the titles of those movies, and therefore may contain text that is offensive to some readers.

Copyright Enforcement Group, LLC, ("We") represent Wicked Pictures. Wicked Pictures owns all right, title and interest to the registered copyrights listed below.

Evidence:
Infringement Title: XXX Avengers
Infringement File Name: XXX Avengers.mp4
Infringement Hash: b155065e4fe5cc566b1f545320839e9d92b19ea5
Infringement File Size: XXXXXXXXXX bytes
Infringement Protocol: BitTorrent
Infringement Timestamp: 2011-07-24 10:48:08 North American Eastern Time
Infringers IP Address: 68.187.35.90
Infringers Port: 64025

The following files were included in the download:
File 1: XXX Avengers.mp4

You are hereby notified that your unauthorized copying and/or distribution infringes the registered copyrights of Wicked Pictures under the U.S. Copyright Act, 17 U.S.C. 106. In this regard, demand is hereby made that you and all persons using this account immediately and permanently cease and desist the unauthorized copying and/or distribution of the registered copyrights listed in this notice or otherwise owned by Wicked Pictures.

You may also be held liable for monetary damages, including attorney's fees and court costs if a lawsuit is commenced against you. You have until Tuesday, August 23, 2011 to access the settlement offer and settle online. To access the settlement offer please visit http://www.copyrightsettlements.com/ and enter Case #: P6095937 and Password: csboq. To access the settlement offer directly please visit https://www.copyrightsettlements.com/?u=P6095937&p=csboq.

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=P6095937&p=csboq
Settlement Website: http://www.copyrightsettlements.com/
Case #: P6095937
Password: csboq

If you fail to respond or settle within the prescribed time period, the claim(s) will be referred to our attorneys for legal action. At that point the original settlement offer will no longer be an option and the amount will increase as a result of us having to involve our attorneys.

Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Wicked Pictures's rights or remedies, all of which are specifically retained and reserved.

The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the registered copyright owner, its agent, or by operation of law. We swear under penalty of perjury, that we are authorized to act on behalf of Wicked Pictures.

Sincerely,

Dale Spislander
Copyright Enforcement Agent

Copyright Enforcement Group, LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211

Local: XXX-XXX-XXXX Ext. 2
Toll Free: 877-5-COPYRIGHT (XXX-XXX-XXXX)
Email: javascript:parent.wgMail.openComposeWindow('[email protected]')
Website: www.copyrightsettlements.com

- ----Start ACNS XML
<?xml version="1.0" ?>
<Infringement xsi:schemaLocation="http://www.movielabs.com/ACNS/ACNS2v1.xsd" xmlns="http://www.movielabs.com/ACNS" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance">
<Case>
<ID>P6095937</ID>
<Status>OPEN</Status>
<Severity>Normal</Severity>
</Case>
<Complainant>
<Entity>Copyright Enforcement Group, LLC</Entity>
<Contact>Dale Spislander</Contact>
<Address>Copyright Enforcement Group, LLC,***** Suite 220, Beverly Hills, CA 90211</Address>
<Phone>XXX-XXX-XXXX Ext. 1</Phone>
<javascript:parent.wgMail.openComposeWindow('Email>[email protected]</Email')>
</Complainant>
<Service_Provider>
<Entity>Charter Communications</Entity>
<Contact></Contact>
<Address>12405 Powerscourt Drive, St. Louis, MO###-##-####lt;/Address>
<Phone></Phone>
<javascript:parent.wgMail.openComposeWindow('Email>[email protected]</Email')>
</Service_Provider>
<Source>
<TimeStamp>2011-07-24T10:48:08-04:00</TimeStamp>
<IP_Address>68.187.35.90</IP_Address>
<Port>64025</Port>
<Type>BITTORRENT</Type>
<UserName></UserName>
<Number_Files>1</Number_Files>
</Source>
<Content>
<Item>
<TimeStamp>2011-07-24T10:48:08-04:00</TimeStamp>
<AlsoSeen Start="2011-07-24T10:48:08-04:00" End="2011-07-24T10:48:08-04:00"></AlsoSeen>
<Title>XXX Avengers</Title>
<Artist></Artist>
<FileName>XXX Avengers.mp4</FileName>
<FileSize>1096601079</FileSize>
<Type>Movie</Type>
<Hash Type="SHA1">b155065e4fe5cc566b1f545320839e9d92b19ea5</Hash>
</Item>
</Content>
<History></History>
<Notes></Notes><Type Retraction="false">DMCA</Type>
<Detection>
<Asset>
<OriginalAssetName>XXX Avengers</OriginalAssetName>
</Asset>
<HashMatched>true</HashMatched>
<MetadataMatched>true</MetadataMatched>
</Detection>
<Verification>
<VerificationLevel Type="DT">2</VerificationLevel>
</Verification>
<TextNotice><![CDATA[***NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***
July 24, 2011
Re: Notice of Unauthorized Use of Registered Copyrights Owned by Wicked Pictures
Case #: P6095937

Dear Sir or Madam:

This notice is intended solely for the primary Charter Communications internet service account holder. Someone using this account has engaged in the illegal copying and/or distribution of pornographic movies. This notice may contain the titles of those movies, and therefore may contain text that is offensive to some readers.

Copyright Enforcement Group, LLC, ("We") represent Wicked Pictures. Wicked Pictures owns all right, title and interest to the registered copyrights listed below.

Evidence:
Infringement Title: XXX Avengers
Infringement File Name: XXX Avengers.mp4
Infringement Hash: b155065e4fe5cc566b1f545320839e9d92b19ea5
Infringement File Size: XXXXXXXXXX bytes
Infringement Protocol: BitTorrent
Infringement Timestamp: 2011-07-24 10:48:08 North American Eastern Time
Infringers IP Address: 68.187.35.90
Infringers Port: 64025

The following files were included in the download:
File 1: XXX Avengers.mp4

You are hereby notified that your unauthorized copying and/or distribution infringes the registered copyrights of Wicked Pictures under the U.S. Copyright Act, 17 U.S.C. 106. In this regard, demand is hereby made that you and all persons using this account immediately and permanently cease and desist the unauthorized copying and/or distribution of the registered copyrights listed in this notice or otherwise owned by Wicked Pictures.

You may also be held liable for monetary damages, including attorney's fees and court costs if a lawsuit is commenced against you. You have until Tuesday, August 23, 2011 to access the settlement offer and settle online. To access the settlement offer please visit http://www.copyrightsettlements.com/ and enter Case #: P6095937 and Password: csboq. To access the settlement offer directly please visit https://www.copyrightsettlements.com/?u=P6095937&p=csboq.

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=P6095937&p=csboq
Settlement Website: http://www.copyrightsettlements.com/
Case #: P6095937
Password: csboq

If you fail to respond or settle within the prescribed time period, the claim(s) will be referred to our attorneys for legal action. At that point the original settlement offer will no longer be an option and the amount will increase as a result of us having to involve our attorneys.

Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Wicked Pictures's rights or remedies, all of which are specifically retained and reserved.

The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the registered copyright owner, its agent, or by operation of law. We swear under penalty of perjury, that we are authorized to act on behalf of Wicked Pictures.

Sincerely,

Dale Spislander
Copyright Enforcement Agent

Copyright Enforcement Group, LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211

Local: XXX-XXX-XXXX Ext. 2
Toll Free: 877-5-COPYRIGHT (XXX-XXX-XXXX)
Email: javascript:parent.wgMail.openComposeWindow('[email protected]')
Website: www.copyrightsettlements.com]]></TextNotice>
</Infringement>
- ----End ACNS XML

This is an automated email. If you have questions or concerns, please visit us at http://www.copyrightsettlements.com/contact_us.html. Replies sent to javascript:parent.wgMail.openComposeWindow('[email protected]') are not read.

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Expert:  Law Educator, Esq. replied 5 years ago.

So far they are not serving you with any demand. Your response to the letter needs to be that you have no knowledge of what they are talking about and you object to any release of your information to CEG. DO NOT say your son did anything or may have done anything, simply deny all knowledge. In the meantime, you need to check all of your computers and make sure the alleged infringing material is not on the computers and you need to check thoroughly. Based on the notice Charter received from CEG, no legal action has yet to be filed and they are not making any demand on you directly for money, just that the material no longer be shared via their ISP. If you get a letter informing you that a subpoena has been delivered to Charter seeking your information for a suit, then you must get an attorney to object to the subpoena and prevent the release of the information.

Customer: replied 5 years ago.
On the link they gave they are asking for $200 and that is the amount on all of the 7.
Expert:  Law Educator, Esq. replied 5 years ago.
This is where you send them a letter as well telling them you have no knowledge of this and nobody in your household used the internet for that purpose, but it was unsecured and you have since secured it. Additionally tell them that there are people using IP address emulators and it is possible your address may have been impersonated. Before they do anything they will send you another notice in response to your letter denying all of their claims. If they respond threatening suit, $200 is much less than an attorney will cost you to fight them, but offer $50 and they will negotiate.
Customer: replied 5 years ago.

Do you think they will want payment on each of them, or would one clean them all?

Expert:  Law Educator, Esq. replied 5 years ago.
They are looking for settlement on each.
Customer: replied 5 years ago.
So should I send a letter for each one, or one sighting the 7
Expert:  Law Educator, Esq. replied 5 years ago.
You should send one letter for all 7 and deny the downloads. Like I said maintain you had previously had an unsecured wireless network and also people use IP emulators and you have now secured your network and that you found no evidence of any of the computers in your home downloading this material.
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