Copyright notice / false accusation - Canadian TV, Computing and Home Theatre Forums
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post #1 of 40 (permalink) Old 2015-09-25, 03:48 PM Thread Starter
 
Join Date: Oct 2006
Location: Edmonton, Alberta
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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.
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post #2 of 40 (permalink) Old 2015-09-25, 04:13 PM
 
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I don't have an answer to your specific question but I wouldn't worry about it too much.

If you did not do it, there is nothing to worry about. They have done what they are obligated to do. If it's a one-off you'll hear nothing from them again.

I have received one from HBO myself. (Unaware for some time as I don't check the email Shaw used very often.) I have not heard squat from them since.

If you'd still like to try and figure it out, I'd recommend you post on their forums. I like to go public vs "behind the scenes" with Shaw issues. (phone/email/private messages) Squeaky wheel gets the grease and all that.
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post #3 of 40 (permalink) Old 2015-09-25, 04:17 PM Thread Starter
 
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"If you'd still like to try and figure it out, I'd recommend you post on their forums. I like to go public vs "behind the scenes" with Shaw issues. (phone/email/private messages) Squeaky wheel gets the grease and all that. "
========

I thought that that is exactly what I'm doing by starting this thread -- "going public". Is there another Shaw forum that I should be posting on?
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post #4 of 40 (permalink) Old 2015-09-25, 04:44 PM
 
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Their official forums, found here.

Look to the upper right corner for the 'Actions' drop down. Select 'Discussion'.

Under the title/text block on the new window/page you can 'Change' the place (Under 'In a Place') if it is not already defaulted to 'Internet Forum'.

This is the Shaw section of Digital Home, but not an official Shaw forum. (Nobody from Shaw will help here as they will there.)
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post #5 of 40 (permalink) Old 2015-09-25, 04:47 PM
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Quote:
Originally Posted by GamerGuy View Post
...Nobody from Shaw will help here as they will there...
By way of clarification, we do have Shaw representatives visit this forum and help people.

57's Home Theatre (Latest equipment & photos)
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post #6 of 40 (permalink) Old 2015-09-25, 05:17 PM
 
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True, but the level of support there will be more in depth, I'd think.

Plus, I just like to piddle and moan on their own forums for all to see.
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post #7 of 40 (permalink) Old 2015-09-25, 05:39 PM
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One thing to keep in mind the accusers (in this case Disney) do not know your identity. Disney or a representative of Disney contacts the ISP with the alleged copyright and by law, your ISP has to forward the copyright infringement notice to the customer that had the assigned IP Address. Shaw is not obliged to provide your personal information to Disney unless directed to do so by court order.
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post #8 of 40 (permalink) Old 2015-09-25, 06:02 PM Thread Starter
 
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"One thing to keep in mind the accusers (in this case Disney) do not know your identity. Disney or a representative of Disney contacts the ISP with the alleged copyright and by law, your ISP has to forward the copyright infringement notice to the customer that had the assigned IP Address. Shaw is not obliged to provide your personal information to Disney unless directed to do so by court order. "
===========

Having already had this protocol explained to me by Shaw about 5 times, I understand all of this perfectly.

As long as Disney did indeed identify the correct IP of violator, because we know with certainty that we are NOT the violator, as I thought I explained in my first post, what I say is that Shaw did not forward Disney's message to the correct customer and we want an official apology and an "absolute discharge".

In order to nip this whole, apparently-automated, legal process in the bud right here, right now, I want to somehow get Shaw motivated to manually determine our actual IP address at the time of the violation and compare it to the one that the notice states is the IP of the violator. I understand that for a technically competent person, this should take a very short period of time.

BTW, after my last post we suddenly, inexplicably lost connection to the internet, which for us is a rare event. The coincidence is amazing. I would not be surprised if someone from Shaw might already be working on this and for some reason had to disrupt our connection. But maybe that's just wishful thinking.
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post #9 of 40 (permalink) Old 2015-09-25, 06:25 PM Thread Starter
 
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And we've experienced another, formerly-rare disconnection to the internet.
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post #10 of 40 (permalink) Old 2015-09-25, 06:42 PM Thread Starter
 
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I've tried posting on the Shaw site, but my entire name appeared on the thread title, so I deleted it. Is this the normal state of affairs? Does everyone see it the way I -- the author -- see it? That is, do they also see my full name?
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post #11 of 40 (permalink) Old 2015-09-25, 07:50 PM
 
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You should create a "handle". Don't use your real name!

You can log in on the forums then on the upper right corner by the search magnifying glass select 'Edit Profile' in the drop down to the left of the search icon. Then in the required first and last name pick something that works. I for example gave first: Gamer and Last: Guy.

It's a really stupid system to use real names like that, but it's Shaw. *wangles fist* I've never signed up to a forum that does that and I'm a member of a few. They always use a nickname.
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post #12 of 40 (permalink) Old 2015-09-25, 07:55 PM
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Copyright notice / false accusation

TBayTel has full names but you can change it.
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post #13 of 40 (permalink) Old 2015-09-25, 08:01 PM
 
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*waggles fist in TBayTel's general direction*

In this day and age, I'm surprised anyone does it. Then again maybe I'm just overly security conscious, if that's possible.
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post #14 of 40 (permalink) Old 2015-09-25, 08:44 PM Thread Starter
 
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"You should create a "handle". Don't use your real name!

You can log in on the forums then on the upper right corner by the search magnifying glass select 'Edit Profile' in the drop down to the left of the search icon. Then in the required first and last name pick something that works. I for example gave first: Gamer and Last: Guy.

It's a really stupid system to use real names like that, but it's Shaw. *wangles fist* I've never signed up to a forum that does that and I'm a member of a few. They always use a nickname."
=============
Thanks for the lesson.

Done!

I think I picked a pretty good handle.
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post #15 of 40 (permalink) Old 2015-09-25, 09:00 PM
 
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My pleasure.

Agreed. Whatever a person is comfortable with works best. I have a few different ones but I have 2 that I prefer.
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