Cease and Desist Order

[gangals]

I have a friend who received a cease and desist order from his ISP for downloading a movie off of BT. He has already canceled their service and subscribed to a competitor's. His old ISP is asking for him to give them some information confirming that he has delete the said movie. It is stating that if he doesn't supply the requested information, they will continue to cut off his connection(One again, he is no longer with them).

Should he respond to their request?
Would their be any bad ramifications for supplying the requested information?
Would their be any bad ramifications for not supplying the requested information?

Thanks


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[MattGSX]

His best bet would be to call the ISP and ask if Columbia is going to press charges. If the answer is yes, then yes, he should delete it and anything else he has that he shouldn't.

If they say no, I'd still delete it just in case they try filing civil charges for noncompliance.

I'm paranoid about pirating movies and stuff, though, so I may have a different views from other people.

[gangals]

Forgot to add that before he received this letter he received a call from his ISP asking him to delete the file, which he did, and that he would be receiving this letter.

He was mainly afraid that by doing either action he, he may encounter legal actions.

I have to interface with student's at a university that have had their ports shut off because of C & D orders, but all they had to do was delete the file, talk with a Judaical affairs officer, and state that they wouldn't do it again. With all of the C & D orders we get, we have never had any legal actions take place against the student or university.

[I-baLL]

So, basically, what you're saying is that your friend already pleaded guilty and confessed to doing something illegal and that the ISP probably has a recording of him saying that.

See, if your friend didn't admit to downloading the movie then he just could've claimed that somebody hacked his wireless router. But he didn't. He just admitted to being guilty. That limits his options.

[trevelyn]

  i never encrypt my router for that reason, hehe.  It's easier to say, "Oh, i dont know what you mean by encryption?? WEP?? WPA??" than to say "Yeah, someone used the aircrack suite to bust my routers WEP, THEY did it NOT me!?" 

[.]

Can't you just tell them "Fuck off, you delete it"?

[gangals]

I already talked with him and explained the logic of the order that they explain the repercussion if you don't submit the information and that it wouldn't effect him.

[Seal]

This happens pretty regularly. ISPs get thousands of these 'cease and desist' orders from the big studios. I know of at least 5 people getting them. Despite all these thousands of C&Ds being sent off, I've yet to hear about a single lawsuit concerning this type of infringement. So you can tell your friend to breathe easy.

That said, most ISPs are alot more laid back in their response than this FUSE. Most only require the filling out of a webform, or some kind of email confirmation, and the service is reinstated shortly thereafter. Usually you get three warnings before you're k-lined permanently. Now given the fact that he's switched permanently, whether he should opt to drop it entirely and forget it... I can't say. I personally would not be inclined to ignore this, but that's me.

[MattGSX]

I wouldn't mess with it anymore. It's so much easier to get netflix and just copy all the dvd's. Though you do pay for the service, you know all the files are clean and that the discs are top quality.

[kelsokid18]

I know a guy who actually got his C&D order from 20th Century Fox.  He, however was able to provide evidence that he was hacked, and they rescinded the order.  But, it was still cool to see the letter that he got from 2CF.

[Dr P4nyk]

I wouldn't mess with it anymore. It's so much easier to get netflix and just copy all the dvd's. Though you do pay for the service, you know all the files are clean and that the discs are top quality.

Or we can get FB to send us some from Argentina.  In South America they make some top quality dvd's.   I got the whole Lord of the Rings trilogy in Peru for about $15.

P4nyk

[.]

I wouldn't mess with it anymore. It's so much easier to get netflix and just copy all the dvd's. Though you do pay for the service, you know all the files are clean and that the discs are top quality.

Or we can get FB to send us some from Argentina.  In South America they make some top quality dvd's.   I got the whole Lord of the Rings trilogy in Peru for about $15.

P4nyk

ha! I can get that here for 3 pesos each so 3.5 dollars total + shipment

[tk]

Call them and yell at them, then say that you thought the movie sucked and that you want a refund for the download.

BOOM! Problem solved!

[Raptor]

I got a certified mail letter from a lawyer. I was scarred shitless until I realized it was about inheriting money from a recently diciest relative!

[nb7899]

How much money?  Are you suddenly rich?