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Lorens35, Lawyer
Category: Intellectual Property Law
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Experience:  Attorney
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My internet provider sent me notice that I have been accused

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My internet provider sent me notice that I have been accused of copyright infringement for illegally downloading music files (DMCA copyright notices). The 11 complaints, 10 from Digital Rights Corp and 1 from the Recording Industry Association of America, are each offering the opportunity to settle for a fine of $20.00 per notice ($220.00 total). I did not download any of the files. I have scanned my system for malware, bots, and viruses and am clean leaving open the possibilities of clerical errors at the complainants offices, a "spoofing" of my ISP address, or a cracking of the home wireless network password. Should I:
1). Ignore the complaints
2). Contact the companies to state my innocence and ask that they drop the complaints
3). Pay the fines regardless of my innocence
4). Other -- your advice
Thank you for using JustAnswer. I am Loren and I will do whatever I can to answer your question and provide you excellent service.
Have you confirmed that this notice came, in fact from your ISP?
Have you spoken to someone from your ISP?
Typically, the ISP would not really care, anymore than the phone company would care if you used your phone to commit a crime.
Thank you.
Customer: replied 3 years ago.

Yes. When booting up this morning, Centurylink denied me full internet access until I acknowledged receipt of the complaints and acknowledgement that these complaints are a violation of the servive terms. Also received an email from the provider. Century link also made a specific statement that any issues I have with the notices should be ditected to the complainant.

Thank you, ***** ***** the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
I would not advise anyone to pay a fine for something they did not do. You can email the company back, along with a copy to your provider that you have never downloaded any music or other files illegally. If they would care to identify the files you have allegedly downloaded and you find them on your computer you will pay the fine. Otherwise, they should stop bothering you and let your ISP know that they have made a mistake.
I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.
Thank you.
Customer: replied 3 years ago.

Okay, Loren. Just in case there is something here that would modify your advice, here is one half of one of the filed complaints that specifically identifies the file name, date and time, my ISP address, etc. Will send second half shortly (this system is limited on data transmission).

Message-ID: <[email protected]>
Subject: Unauthorized Use of Copyrights RE:
Content-Transfer-Encoding: 7bit
Date: Sun, 29 Sep 2013 19:54:16 -0700 (PDT)


Re: Unauthorized Use of Copyrights Owned Exclusively by BMG Rights Management (US) LLC

Reference#: TC-ac06de8c-7916-4100-8272-4131df003091 2013-09-30 00:58:35.0

Dear Sir or Madam:

Your ISP has forwarded you this notice.
Your ISP account has been used to download, upload or offer for upload copyrighted content in a manner that infringes on the rights of the copyright owner.
Your ISP service could be suspended if this matter is not resolved.
You could be liable for up to $150,000 per infringement in civil penalties.

The file Demi Lovato - Heart Attack.mp3 was infringed upon by a computer at IP Address on 2013-09-30 00:58:35.0 GMT.

We represent the copyright owner.
This notice is an offer of settlement.
If you follow the link below and login to the Rightscorp, Inc. automated settlement system, for $20 per infringement, you will receive a legal release from the copyright owner.

Follow this link or copy and paste into your browser:

Rightscorp, Inc. represents the following 'copyright owner(s)' BMG Rights Management (US) LLC ('BMG').

BMG is the exclusive owners of copyrights for Demi Lovato musical compositions, including the musical compositions listed below. It has come to our attention that Qwest Communications Company, LLC is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file 'swapping' or other similar activities) of BMG's exclusive copyrights listed below is taking place.

This unauthorized copying and/or distribution constitutes copyright infringement under the U.S. Copyright Act. Pursuant to 17 U.S.C. 512(c), this letter serves as actual notice of infringement. We hereby demand you immediately and permanently cease and desist the unauthorized copying and/or distribution (including, but not limited to downloading, uploading, file sharing, file 'swapping' or other similar activities) of recordings of Demi Lovato compositions, including but not limited to those items listed in this correspondence.

BMG will pursue every available remedy including injunctions and recovery of attorney's fees, costs and any and all other damages which are incurred by BMG as a result of any action that is commenced against you. Nothing contained or omitted from this letter is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of BMG's rights or remedies, all of which are specifically retained and reserved. The information in this notification is accurate.

We have a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive rights that have been infringed. While BMG is entitled to monetary damages from the infringing party under 17 U.S.C. Section 504, The BMG believes that it may be expeditious to settle this matter without the need of costly and time-consuming litigation.

In order to help you avoid further legal action from BMG, we have been authorized to offer a settlement solution that we believe is reasonable for everyone.

To access this settlement offer, please copy and paste the URL below into a browser and follow the instructions for the settlement offer:

Very truly yours,

Christopher Sabec


Rightscorp, Inc.
3100 Donald Douglas Loop, North,
Santa Monica, CA 90405
Telephone: (XXX) XXX-XXXX

** For any correspondence regarding this case, please send your emails to***@******.*** and refer to Notice ID: TC-ac06de8c-7916-4100-8272-4131df003091.

If you need immediate assistance or if you have general questions please call the number listed above.

Did you download these files? If not, respond that they have made a mistake and let them prove the download.
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