Email From Charter (EA)- Pirated Game Version

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Email From Charter (EA)- Pirated Game Version

Post by toriliz on Thu 22 Nov 2012, 23:57

I recently received an email from Charter (my internet provider) that EA contacted them (or something like that) that I have a pirated version of the Sims 3 and need to get rid of it. I have downloaded all the games from your website (with the exception of the base game, but I used a different registration code than the one it came with because I lost my original one). So my questions are, is this something to worry about? What can I do to make it so that I don't get this email? Has this ever happened to anyone else?

Happy Thanksgiving~


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Re: Email From Charter (EA)- Pirated Game Version

Post by t2sink on Fri 23 Nov 2012, 00:25

If you don't mind could you copy+paste the e-mail, can remove names/e-mail addresses, just want to see the wording and such.

They have no ability to know if you have deleted it or not, so a warning that they noticed you downloaded, but nothing they can really do, unless they notice you do it more, which why would you. Don't need to download more expansions currently.

You can use a paid VPN, or even I think a proxy server within your torrent client is similar effect of masking your IP while downloading torrents, There are some more settings in utorrent I know of that can make it harder for them to notice, but even more unsure of how well they work.
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Re: Email From Charter (EA)- Pirated Game Version

Post by toriliz on Fri 23 Nov 2012, 05:33

Dear Charter Internet Customer:

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 attaching 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, at
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

If you have questions about this letter, you may contact us at 1-866-229-7286. 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



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



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

11-18-2012

Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA

Attention: Intellectual Property Enforcement


Laurie Jill Wood
Charter Communications
Charter Communications =0A12405 Powerscourt Dr. =0ASt. Louis, =0AMO 6313=
1

Re: Copyright Infringement by Charter Communications Subscriber=20
Using IP 71.80.213.185 on 2012-11-17T17:06:11.90Z (the "Subscriber")
Reference Number 22264862048

Dear Charter Communications:

The Entertainment Software Association ("ESA") is the U.S. trade associa=
tion that represents the intellectual property interests of companies th=
at publish interactive games for video game consoles, personal computers=
, handheld devices, and the Internet (hereinafter collectively referred =
to as "ESA members"). A list of ESA members can be found at Under penalty of perjury, we affirm that =
ESA is authorized to act on behalf of ESA members whose exclusive copyri=
ght rights we believe to have been infringed as described herein.

ESA is providing this notice pursuant to the Digital Millennium Copyrigh=
t Act ("DMCA"), 17 U.S.C. section 512, to request that you take immediat=
e action with respect to infringement of ESA member copyrighted works by=
your Subscriber. Using the IP address on the date and time referenced =
in the subject line of this notice, the Subscriber employed a peer-to-pe=
er service or software to distribute infringing copies of ESA member gam=
e products, including the following title:

SIMS 3, THE

Courts in the United States have held consistently that the unauthorized=
distribution of copyrighted works using peer-to-peer or similar service=
s constitutes copyright infringement. E.g., MGM Studios, Inc. v. Grokst=
er, Ltd., 545 U.S. 913 (2005); BMG Music v. Gonzalez, 430 F.3d 888, 891 =
(7th Cir. 2005); Arista Records LLC v. Lime Group LLC, 2010 U.S. Dist. L=
EXIS 46638, *49 (S.D.N.Y. May 11, 2010

This Subscriber should understand clearly that there are serious consequ=
ences for infringement. The Copyright Act in the United States provides=
for statutory damages of up to $30,000 per work infringed, and up to $1=
50,000 per work for willful infringement. 17 U.S.C. section 504(c).

We ask that you work with us to protect the intellectual property rights=
of ESA members by:

1. Providing the Subscriber with a copy of this notice of copyright infr=
ingement, and warning the Subscriber that his or her conduct was unlawfu=
l and could be subject to civil or even criminal prosecution.
2. Promptly taking steps to stop the Subscriber's infringing activity.
3. Pursuant to 17 U.S.C. section 512(i)(1)(A), as appropriate, terminati=
ng the account of the Subscriber if your records show that he or she is =
a repeat copyright infringer.

ESA has a good faith belief that the Subscriber's reproduction and/or di=
stribution of these copyrighted works as set forth herein is not authori=
zed by the copyright owners, their agents, or the law. The information =
in this notification is accurate. Neither ESA nor its members waive any=
claims or remedies, or their right to engage in other enforcement activ=
ities, and all such claims, rights and remedies are expressly reserved.

You or your Subscriber may contact us through the information provided a=
bove, with email preferred. The Reference Number from the subject line =
of this notice should be included in the subject line of all corresponde=
nce.

Thank you for your prompt attention to this matter.=20

Sincerely,


Intellectual Property Enforcement
Entertainment Software Association
Telephone: 202-903-2314

List of infringing content
- ------------------------------
SIMS 3, THE





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Re: Email From Charter (EA)- Pirated Game Version

Post by t2sink on Fri 23 Nov 2012, 20:48

Thanks, it was nice to read the warning.

1. Providing the Subscriber with a copy of this notice of copyright infr=
ingement, and warning the Subscriber that his or her conduct was unlawfu=
l and could be subject to civil or even criminal prosecution.
2. Promptly taking steps to stop the Subscriber's infringing activity.
3. Pursuant to 17 U.S.C. section 512(i)(1)(A), as appropriate, terminati=
ng the account of the Subscriber if your records show that he or she is =
a repeat copyright infringer.

So just need to be careful with downloading/torrenting.

Not sure if they only notice it was The Sims 3 you downloaded or not, but if you haven't got another notice, not sure, would seem like it if they did notice.


http://www.theesa.com/policy/antipiracy_faq.asp#7[/mention] wrote:
Does ESA have any affiliation with the U.S. Government?

ESA is an independent trade association that is funded by member dues and revenues generated from other association functions. ESA is not affiliated with the U.S. Government, or any other government.
So while they have no power in-themselves to do criminal prosecutions(Only Government can.) They can give the data to a government anti-piracy task-force. Also, they get paid by their members, i.e. the software developers, so they will care more about watching for infringement more then the government would.


Not sure what else tho, I'm not familiar with the copyright infringement cases, if someone else here does know a bit more, hopefully they'll comment.

But if you want to try to work around it, let us know.
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Re: Email From Charter (EA)- Pirated Game Version

Post by Aɾყα on Sat 24 Nov 2012, 13:20

Hello,

There's certainly no need to delete what you have downloaded, just stop seeding right away, and be careful about downloading in the future. Right now you can claim ignorance since it's only the one file they know about.
Though I'm not sure if you should contact them at all. Perhaps someone who has experience in these matters can give you advice about that.

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