Served With a Notice to Pay a Fine Over Downloads

[Noidea213]

Not saying it was me or not but anyways...

My question involves criminal law for the state of: MO

I just got this in my email......... How serious is this? I called google and confirmed that this was not a mistake and they advised me to ignore it, as it clearly states that they will not give my info out. Does anyone have any experience with this?

The file was 15 files so I got 15 different email with all different fines.

Hello,

We wanted to let you know that we have been alerted to possible copyright infringement on your Google Fiber account. A copyright owner (or its authorized representative) is alleging that your Fiber service has been used to download or host copyrighted material.

The notice we received is attached to this email. While we don't independently verify the accuracy of copyright infringement allegations, we want you to have all of the information associated with a claim being made against your account. It is up to you to decide if and how to respond to this claim.

We have NOT provided your identity to the complaining party. We will not share your identity unless we receive a subpoena or are otherwise required to do so by law.

Keep in mind that our Terms of Service (https://fiber.google.com/legal/terms.html) prohibit the use of your Google Fiber account for unlawful activities, including copyright infringement. We recommend securing your network (https://support.google.com/fiber/answer/4584197) as these terms apply to anyone accessing your Fiber service, including via an open wireless access point. Repeated violations of our Terms of Service (https://fiber.google.com/legal/terms.html) may result in action being taken against your account, including possible termination of your service.

If you have legal questions about the notification, we suggest consulting with legal counsel. If you have further questions about the notification, please contact the party that sent the attached notice.

Thanks,

The Google Fiber Team

**NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***

Re: Unauthorized Use of Exclusively Owned Copyrights

Reference#: SDANM4X IP Address: xxxxxxxxxxxxxxxxx

Dear Sir or Madam:

Your ISP has forwarded you this notice.
Your ISP account has been used to download, upload or offer for upload copyrighted content in a manner that infringes on the rights of the copyright owner.
Your ISP service could be suspended if this matter is not resolved.
You could be liable for substantial civil penalties.

The file Passenger-All The Little Lights (2CD)(2012) 320Kbit(mp3) DMT, CD105 - Passenger - The Wrong Direction.mp3 was infringed upon by a computer at IP Address xxxxxxxxxxxxx on 2016-11-21 05:52:34.0 GMT.

We represent the copyright owner.
This notice is an offer of settlement.
Go to the Rightscorp web page (rightscorp dot com) and enter this Reference #: SDANM4X and this IP Address xxxxxxx to begin the process to receive a legal release from the copyright owner.

Rightscorp, Inc. represents the exclusive owner(s) of the musical composition(s) listed below ("the Copyright Owner"). It has come to our attention that Google Fiber Inc. is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file 'swapping' or other similar activities) of the Copyright Owner's exclusive copyrights listed below is taking place.

This unauthorized copying and/or distribution constitutes copyright infringement under the U.S. Copyright Act. Pursuant to 17 U.S.C. 512(c), this letter serves as actual notice of infringement. We hereby demand you immediately and permanently cease and desist the unauthorized copying and/or distribution (including, but not limited to downloading, uploading, file sharing, file 'swapping' or other similar activities) of recordings of the Copyright Owner's compositions, including but not limited to those items listed in this correspondence.

The Copyright Owner will pursue every available remedy including injunctions and recovery of attorney's fees, costs and any and all other damages which are incurred by the Copyright Owner as a result of any action that is commenced against you. Nothing contained or omitted from this letter is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of the Copyright Owner's rights or remedies, all of which are specifically retained and reserved. The information in this notification is accurate.

We have a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. In addition, we have a good faith subjective belief that the use does not constitute fair use. I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive rights that have been infringed. While the Copyright Owner is entitled to monetary damages from the infringing party under 17 U.S.C. Section 504, The Copyright Owner believes that it may be expeditious to settle this matter without the need of costly and time-consuming litigation.

In order to help you avoid further legal action from the Copyright Owner, we have been authorized to offer a settlement solution that we believe is reasonable for everyone. This notice is not applicable for infringements that occur outside of the United States.

Go to the Rightscorp web page (rightscorp dot com) and enter this Reference #: SDANM4X and this IP Address xxxxxxxxxx to begin the process to receive a legal release from the copyright owner.

Very truly yours,

Christopher Sabec

CEO

Rightscorp, Inc.
3100 Donald Douglas Loop, North,
Santa Monica, CA 90405
Telephone: (310) 751-7510

** For any correspondence regarding this case, please send your emails to contact@RightsCorp.com and refer to Notice ID: TC-fba5ddaa-ffbf-4fcd-9ece-048d94fac0d0.

If you need immediate assistance or if you have general questions please call the number listed above.

Infringement Source: -UT3490-n%A6y%E3%FF%8B%B4%10%D6%16%01m

Timestamp: 2016-11-21 05:52:34.0 GMT

Infringers IP Address: xxxxxxxxxxxxxxx

Infringers Port: 44977

Listing of infringement(s) (Title/Filename/Timestamp/Hash): The Wrong Direction | Passenger-All The Little Lights (2CD)(2012) 320Kbit(mp3) DMT, CD105 - Passenger - The Wrong Direction.mp3 | 2016-11-21 05:52:34.0 | 6D7DB77CAD4C22D115D78243AF8D6D6E5842BFA1

[Taxing Matters]

If you did download the files in question without the consent of the copyright holder (e.g. without paying for the them from an authorized seller) then you infringed on the copyright for those works and the copyright holder may pursue you for that. They evidently know the IP address that was used and the ISP associated with that address. Google can identify which customer’s account goes with that IP address. Google won’t give that information out without a subpoena or court order, but that should not give you a lot of comfort because it is pretty easy for the copyright holder to file suit and get a subpoena issued to Google to make it cough up that information. If they go that route and you did infringe, that’ll start adding to the cost of you’ll have to pay as a result of this if you did in fact infringe the copyright. Indeed, even if you didn’t infringe the copyright you may end up spending quite a bit defending yourself in the litigation.

[Highwayman]

If you have legal questions about the notification, we suggest consulting with legal counsel. If you have further questions about the notification, please contact the party that sent the attached notice.


There's your answer.