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I got a subpoena from comcast today on behalf of Malibu Media LLC for torrenting copywritten material. The only place I ever download from is pirate bay and I always run PeerBlock 24/7. So now I have a few questions and I'm hoping some of you will have answers. Sorry if this isn't the proper place to post this.
1) How did they track me when I was running PeerBlock?
2) Is it safe to download other torrents or is my ISP watching me now?
3) Has Malibu Media gone after any of you? If so, what happened? What should I expect?
4) They can't prove that I did it, right? All they can prove is that "someone" at my IP address did it. So how do they even have a case against me?
5) Do I need to get a lawyer?
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Apr 29, 2014, 00:55 am
(This post was last modified: Apr 29, 2014, 00:57 am by RobertX. Edited 1 time in total.)
Did they fine you?
A subpoena is different from just a warning letter, from my knowledge.
If a warning letter, the best course of action, from reading some posts here on the SuprBay forum, is to ignore it.
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(Apr 29, 2014, 00:55 am)RobertX Wrote: Did they fine you?
A subpoena is different from just a warning letter, from my knowledge.
If a warning letter, the best course of action, from reading some posts here on the SuprBay forum, is to ignore it.
This was not a warning letter. The letter from Comcast was to inform me that they had been subpoenaed by Malibu Media. Malibu Media hasn't fined me yet because they don't know who I am (right now). They subpoenaed Comcast for my identifying information based on my IP address, which was the only thing they could get (thanks to PeerBlock, I think). So when Comcast turns over my identifying information to Malibu Media I don't know what's going to happen.
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1. The same way they track people who aren't using PeerBlock (which is a totally ineffective product)--they noticed your IP address in a torrent swarm.
2. Your ISP isn't watching you. Your level of safety has not changed.
3. See links below.
4. Most likely not (particularly if you keep your mouth shut).
They have a case because they filed one. A case doesn't have to be winnable to be a case. They're not really interested in suing you anyway, they merely want to threaten to sue you so that you will pay them not to.
5. Certainly not until you've read the following.
https://www.eff.org/issues/file-sharing/...na-defense
http://fightcopyrighttrolls.com/faq-men/
http://dietrolldie.com/newbie-noob-start-here/
http://pietzlawfirm.com/slaying-the-copy...at-do-i-do
Also, for background information on Malibu Media, see http://www.techdirt.com/blog/?company=malibu+media
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(Apr 29, 2014, 01:51 am)NIK Wrote: 1. The same way they track people who aren't using PeerBlock (which is a totally ineffective product)--they noticed your IP address in a torrent swarm.
So if PeerBlock isn't effective, what do you use? How do you keep yourself safe when torrenting?
(Apr 29, 2014, 01:51 am)NIK Wrote: 4. Most likely not (particularly if you keep your mouth shut).
They have a case because they filed one. A case doesn't have to be winnable to be a case. They're not really interested in suing you anyway, they merely want to threaten to sue you so that you will pay them not to.
I know not to incriminate myself. If they do try to sue me and I tell them that I have no money (it's true, I'm 25K in debt and have been unemployed for over a year), will they go away? What if they win the case, but I can't pay whatever the court orders?
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peerblock doesnt hide you, it just makes so they cant connect to you. But they can still see your IP
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(Apr 29, 2014, 02:21 am)Q91 Wrote: peerblock doesnt hide you, it just makes so they cant connect to you. But they can still see your IP
So why is it that in all the years I've been using PeerBlock comcast has never busted me for torrenting the EXACT SAME torrent that other people have been busted for?
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(Apr 29, 2014, 01:51 am)NIK Wrote: 1. The same way they track people who aren't using PeerBlock (which is a totally ineffective product)--they noticed your IP address in a torrent swarm.
As NIK say's they simply noticed you in a swarm it's just a bit of bad luck that's all.
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Apr 29, 2014, 03:47 am
(This post was last modified: Apr 29, 2014, 03:53 am by gcjm. Edited 1 time in total.)
(Apr 29, 2014, 02:41 am)planex09 Wrote: So why is it that in all the years I've been using PeerBlock comcast has never busted me for torrenting the EXACT SAME torrent that other people have been busted for?
Because the angel of peer2peer was dispersing fairyjuice on your shoulder?
Fortune favours the bold?
Beginners luck?
Or more likely, probability.
(Apr 29, 2014, 02:06 am)planex09 Wrote: So if PeerBlock isn't effective, what do you use? How do you keep yourself safe when torrenting?
Peerblock is a retroactive filter. It can't pre-empt which ip addresses the copyright trolls will use today or tomorrow. All it can do is filter the ones which have allegedly been used by trolls in the past.
Anyone joining a swarm can see the ips of others. The 'safest' methods to download / upload using bit-torrent is with a vpn or seedbox located in a different country to yourself. Then no-one can read your ip.
Strength in your struggle. Start with NIK's links, and search. Malibu Media are well renowned for their efforts to re-monetise their 'art' via threats, but not so much in the courts.
Random quote (2012): "Malibu Media, admits that its entire goal is to get the contact info of people for the purpose of sending them demand letters. They even admit that if they don't hear back, they drop the case."
edit: reading back, it looks like this is a simple warning letter from the isp to be used as tp for bunghole. If it is indeed a subpoena I don't think it would come through comcast..
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(Apr 29, 2014, 03:47 am)gcjm Wrote: edit: reading back, it looks like this is a simple warning letter from the isp to be used as tp for bunghole. If it is indeed a subpoena I don't think it would come through comcast..
Why not? Comcast is the one being named in court because they are ones who have my identifying information. The paperwork has a judge's name on it and the name of the attorney who filed the motion.
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