What should i do if i have a warning from time warner cable copyright infringement? im worry
I just got a warning from my internet and they basically block out all my internet and ask me to read this letter.
This notice is being sent to you by Road Runner Customer Care because we have received a
complaint that your computer has been used to distribute copyrighted material without authorization
through a peer-to-peer program. A copy of the complaint is attached below,and a more detailed
version containing information about the specific copyrighted file(s) has been emailed to you.
Please direct any relevant questions or concerns to the contact in the attached message.
Distribution of copyrighted material in this fashion may violate both copyright laws and Road
Runner’s terms of service.
Thank you for subscribing to Road Runner.
Very truly yours,
Road Runner C
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Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction.
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So the issue here is likely downloading music, or other copyright protected material. It sounds like a warning to stop the activity or there will be legal action. If you click on the button you may be making an admission that you are engaging in copyright infringement. Please contact a copyright infringement attorney, and check your peer to peer settings to make sure that you are not allowing others to download your files.
There are two possible scenarios here: (1) you are (or someone else using your computer is) downloading copyrighted material without paying for its use in violation of the copyright, or (2) your computer has been infected with peer-to-peer file sharing software such as BitTorrent, without your knowledge or consent, and your computer has been turned into a file sharing network resource. If (1) is the case, stop doing it and/or terminate the access of third persons to your computer. If (2) is the case, immediately disconnect your computer from the Internet, then get a computer technician to remove the peer-to-peer file sharing software and any infringing copyrighted materials from your computer, and then get a certificate from the technician attesting to what he has done.
The scenario you describe indicates that a copyright owner (possibly a so-called "copyright troll") has identified your IP address as a point of presence from which downloads have been occurring. If you share your IP address with other computers, either knowingly (such as a by home wireless network with multiple devices connected through a hub and a single modem) or unknowingly (third parties stealing bandwidth from you by connecting through your WiFi hub because you have not secured it properly), it is possible some third party is responsible.
The complainant is attempting to determine the true state of facts. If you are guilty of the alleged misconduct, the copyright owner may either sue you in federal court or attempt to extort money from you by threat of litigation -- or it may do nothing. If you are innocent, it may do the same things, but you may need to be proactive to avoid litigation. In either case, DO NOT communicate with "the contact in the attached message" without the assistance of counsel to avoid the risk of inadvertently admitting to misconduct.
Once you have determined the true state of affairs on your computer and network, you can click on the "i am aware of this issue and will take step to resolve it" link to regain your access to Time Warner Cable.
Disclaimer: This answer is provided as a courtesy. This response does not constitute legal advice, which requires... more
Disclaimer: This answer is provided as a courtesy. This response does not constitute legal advice, which requires an attorney-client relationship, and this response does not create an attorney-client relationship between us. It is impossible to properly evaluate a legal problem without a detailed consultation and a comprehensive review of all the facts, documents, and/or other materials involved. In addition, if you are in a state other than California (where I am admitted to practice), your state may have different laws. You therefore should not rely on this answer, but should consult with local counsel for definitive guidance.