Join Date: Oct 2006
Location: Edmonton, Alberta
Copyright notice / false accusation
On Sept. 22, my wife and I were surprised to receive a "copyright notice" that had been sent to us by Shaw at the behest of Disney/markmarket.
We were surprised because we did not do what the copyright notice says we did. We think this has been erroneously, probably inadvertently, caused by Shaw replacing our modem the day before the incident described in the notice.
Our older Shaw modem was replaced with a higher-speed Cisco modem/router last Friday afternoon, Sept 18. The next day -- Saturday, Sept 19 -- for a period of 29 seconds, "our" IP address supposedly downloaded something called "Once Upon A Time", which my wife and I had never even heard of until we read the notice.
Because my wife and I were both shocked by this false accusation, we forwarded the notice to our son who is a partner at a law firm here in Edmonton. His initial degree is in computing science, so he is a good technical as well as legal adviser.
Conveniently, our daughter's husband has a computer-engineering degree and presently works as a software developer for a small internet telephony-related company, so he is also a tremendous technical resource.
I discussed this matter with both of them and they have both independently theorized what follows.
First, to sum up what they believed happened, the IP address that was being used by the modem that was removed from our residence by Shaw on Friday afternoon was, at some point during the hours after removal, dynamically re-assigned to a modem that downloaded the copyrighted show/file.
Second, the Shaw IP database of IP addresses that Disney or markmarket automatically contacted when that copyright infringement occurred had not been updated with our new, very-recently-assigned IP address.
Third, in this particular situation, the delay in updating IP addresses on the Shaw database that interacts with Disney or markmarket led to us (the former "owners" of the offending IP address) being incorrectly identified as the persons who downloaded the copyrighted material.
Therefore, in order to prove the above theory true or false, Shaw must manually examine its instantly-updated database of IP addresses in order to determine with absolute certainty what our new modem's IP address was for those 29 seconds on Saturday, Sept 19 and manually compare that IP address to the IP address indicated on the copyright notice. Because we certainly did not download what we're accused of downloading, our true IP address during that period of time will certainly be different than the one stated in the copyright notice.
Before surmising the above theory, I contacted Shaw about this situation over the phone, but the rep. was more or less unresponsive to our concern (essentially, "it's all automatic; we do what we're required to do by law", etc.) and couldn't even read the notice because he "was not allowed to receive emails from customers".
A day later, I received essentially the same response from someone (rep. W651) who was supposedly higher up Shaw's chain of command.
My question to the forum is simple. Just exactly WHO at Shaw do we contact who will be technically capable of determining with certainty what our day-old modem's IP address was during that 29-second period of time on Saturday, Sept. 19?
Thanks very much for any advice.