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Author Topic: ESA is after me..thats new :)  (Read 3337 times)
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Daehawk
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« on: November 29, 2008, 05:13:00 PM »

I use VUZE a lot. I grab stuff to watch , demos, cracks for games..you name it. So the other day i was using its search feature and found a demo for a game Id been wondering about. I set it to download and forget about it. Today i got a letter from my ISP saying the ESA says I downloaded copywrited stuff. Namely that game I found a demo to. They ..my isp..says it can cut off my internet if they see any more of this activity or get more esa complaints. WTF. I go look at the file and its over a gig! Wasn't the demo after all but the full game. What do I do about this? I thought it was a demo but I did download it using a bit torrent client.

Im not going to use VUZE anymore for downloads and Ive ran my mallware and virus scanners to make sure theres nothing on here that could do it without my consent. Other than that all i can do it hope it doesn't happen again. I dont want to lose my net access. Id die. Its all I got. It doesn't say the ESA is going to do anything..just wants me ISP to do whatever they are supposed to do in this event. And my ISPs rules say to warn me unless further activity occures.
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Kevin Grey
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« Reply #1 on: November 29, 2008, 05:38:08 PM »

You almost certainly have nothing to worry about. Your ISP is just sending out those notices as a way of covering their butt but I doubt that your intenret account is in danger over one violation.  I wouldn't worry about the ESA either- as far as I know the RIAA (music) are the only ones that are actually suing people over file sharing. 
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Daehawk
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« Reply #2 on: November 29, 2008, 06:10:21 PM »

I didn't share with anyone. I dont understand why they care. My wife called them and they said to delete it. That was if the law came out it wouldn't be on there. So i deleted it.
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Moliere
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« Reply #3 on: November 29, 2008, 06:28:14 PM »

Quote from: Daehawk on November 29, 2008, 06:10:21 PM

I didn't share with anyone. I dont understand why they care.

First, they would care that you downloaded their game for free instead of paying for it.
Second, unless you have your upload blocked you did share it with others via Bit Torrent.
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Kevin Grey
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« Reply #4 on: November 29, 2008, 06:29:24 PM »

I'm not familiar with VUZE but if it's a torrent client then you probably did share as that's part of the process of getting a torrent.  
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Daehawk
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« Reply #5 on: November 29, 2008, 06:53:08 PM »

Ya its a torrent but my upload is blocked. It would bog down my system plus i never downloaded anything I wanted to share. It hasa built in search i use to grab videos and stuff..like Pixars LIFT video. Oh well I deleted it all..i mean all of it. Dont want any trouble. ill just use my built in download and use normal web sites..no more torrent anything for me.
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« Reply #6 on: November 30, 2008, 12:41:56 AM »

And now you know the 'joys' of people mislabeling items you find on BitTorrent sites.

That said - don't worry, you just got the plain old warning letter your ISP sends out if they get something sent to them. As long as it doesn't happen again (and it seems that you've learned your lesson by deleting the client and files), you'll be fine.
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« Reply #7 on: November 30, 2008, 01:07:12 AM »

unless they send their ninjas after you, then you're doomed.
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JohnathanStrange
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« Reply #8 on: November 30, 2008, 02:31:40 AM »

That sort of warning would make me uneasy to continue using VUZE; not worth the anxiety.
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« Reply #9 on: November 30, 2008, 06:41:33 PM »

Had that happen to me once as well, 5-6 years ago...never do stuff like that again!!  ninja
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Hamsterball_Z
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« Reply #10 on: December 01, 2008, 12:09:00 AM »

Peer Guardian.

 ninja
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Daehawk
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« Reply #11 on: December 01, 2008, 01:35:03 AM »

Quote from: Hamsterball_Z on December 01, 2008, 12:09:00 AM


Someone told me about that yesterday. Even though ive deleted everything I grabbed it andyways and turned it on.
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« Reply #12 on: December 01, 2008, 03:21:16 PM »


Haven't you posted in other threads that you "try before you buy" games quite a bit? Seems like it was only a matter of time before it bit you in the ass.
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Daehawk
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« Reply #13 on: December 01, 2008, 04:34:56 PM »

Ya Ive done that too. But either I buy it or delete it if it sucks.
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« Reply #14 on: December 01, 2008, 05:22:03 PM »

Quote from: Daehawk on December 01, 2008, 04:34:56 PM

Ya Ive done that too. But either I buy it or delete it if it sucks.

Yes, but you are still downloading it illegally to begin with regardless of what you do after that.
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Daehawk
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« Reply #15 on: December 01, 2008, 05:55:09 PM »

Well in the old days you could return a game for your money back..now if its opened all you can do is return it for the same item..totally useless. I like to know if it runs how well it runs and if i enjoy it. No other bought items I know of off hand are like that. I really dont see the harm in trying before I buy or not. Saves getting ripped off. But this was supposed to be a demo not the full thing.
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« Reply #16 on: December 01, 2008, 06:00:02 PM »

Quote from: Daehawk on December 01, 2008, 05:55:09 PM

Well in the old days you could return a game for your money back..now if its opened all you can do is return it for the same item..totally useless. I like to know if it runs how well it runs and if i enjoy it. No other bought items I know of off hand are like that. I really dont see the harm in trying before I buy or not. Saves getting ripped off. But this was supposed to be a demo not the full thing.

It's still illegal.  They can still come after you.

gellar
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Kevin Grey
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« Reply #17 on: December 01, 2008, 06:22:27 PM »

Quote from: Daehawk on December 01, 2008, 05:55:09 PM

Well in the old days you could return a game for your money back..now if its opened all you can do is return it for the same item..totally useless. I like to know if it runs how well it runs and if i enjoy it. No other bought items I know of off hand are like that. I really dont see the harm in trying before I buy or not. Saves getting ripped off. But this was supposed to be a demo not the full thing.

Computer software may be somewhat unique in terms of technically if it will work for you or not.  But in terms of "I didn't like it" you'll get the same reaction if you try and return a DVD on that premise as well.  And a movie theater may refund your money if you leave 20 minutes in but good luck getting your money returned if you sit through the entire two hour movie.  Or getting HBO to refund your money for the month because you didn't care for True Blood.  Or getting a refund at that concert because you didn't care for the band...

If it bothers you that much, sell your PSP and a few games and buy a 360.  No worries about whether "it runs well", tons of demos, and you can even rent if you need further try before you buy. 
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Daehawk
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« Reply #18 on: December 01, 2008, 06:25:00 PM »

God Id love a 360. Out of all consoles the Xbox is my favorite. But if it was me id save a little ectra and get a PS3..not for games..those are just extra..Id get it for the Blu-Ray.
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Caine
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« Reply #19 on: December 01, 2008, 08:13:55 PM »

+1 to the suggestion to get a 360.  nothing like having a pretty reliable (hello rrod!) machine that plays anything you buy for it with great graphics and no compatibility headaches. 

you do miss out on some games, but that's true for every system you don't own anyways.  i do miss modding though, but i've decided i would rather play a game than spend hours tweaking and messing with settings (and mods) these days. 
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« Reply #20 on: December 01, 2008, 09:43:34 PM »

One of the best April Fools jokes I ever pulled was sending a buddy of mine (who pirates a LOT) an authentic-looking but totally bogus cease-and-desist letter from his ISP threatening legal action and all sorts of heinous punishments for his activity.

He called me scared to death that he was going to federal pound-me-in-the-ass prison. He was so relieved when he found out it was a joke that he couldn't be mad at me.  icon_biggrin
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Daehawk
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« Reply #21 on: December 03, 2008, 08:43:25 AM »

Well I had to get rid of Peer Guardian. After a Fallout 3 hard crash needing a reboot PG started filling my screen with error boxes as fast as i could close them almost. I tried running it's built in recovery program to no avail. I then tried reinstalling it and still got the error boxes. I rebooted and reinstalled..same error boxes. I killed it off. Oh well.
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Dan_Theman
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« Reply #22 on: December 03, 2008, 02:10:45 PM »

I was telling myself this morning that I hadn't visited GT in some time and so I should stop by, and what do I find?  My good buddy Daehawk going to federal pound you ITA prison  eek
Sheesh, man.  icon_lol

Yeah, as people have already mentioned what you were doing was illegal despite the fact that nobody lost any sales from your actions - computers don't understand intention, and corporate lawyers don't care.

For whatever it's worth, I once knew somebody back in the days of Napster who saw his "handle" on an RIAA list that was distributed on the internet.  He freaked and swore to everyone that he'd never do it again ... and nothing ever happened to him.  More than likely (98.4%), nothing will happen to you as long as you don't continue downloading protected stuff from unofficial sources.
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morlac
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« Reply #23 on: December 03, 2008, 04:50:33 PM »

Quote from: Daehawk on December 01, 2008, 05:55:09 PM

I really dont see the harm in trying before I buy or not. Saves getting ripped off. But this was supposed to be a demo not the full thing.

Consider this one a karma payback for all the times you DID illegaly dload something.  nod
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« Reply #24 on: December 03, 2008, 05:00:02 PM »

I am surprised your ISP did this if you were not sharing the file.

The DMCA law that most ISPs comply with covers sharing copyrighted material, but not the actual download part.

Were you using a bit-torrent or file sharing software to download the file?
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« Reply #25 on: December 03, 2008, 05:05:33 PM »

Quote from: DamageInc on December 03, 2008, 05:00:02 PM

Were you using a bit-torrent or file sharing software to download the file?

Yes he was (VUZE is a torrent client).  Daehawk says his upload was blocked so he technically wasn't sharing with others but I'm not sure that whoever on the ESA found him would be able to determine that (or care since it doesn't hurt them to send out a cease & desist to the ISP since they aren't going to take further action). 
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Daehawk
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« Reply #26 on: December 03, 2008, 05:27:04 PM »

The letter stated it was because I downloaded it. Said nothing about sharing. The ESA wanted me to delete it and let me ISP decide what else to do. My ISP just said delete it and if I continued to download copywrited stuff they would ban my net access.
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« Reply #27 on: December 03, 2008, 06:09:31 PM »

I got one of these notices for downloading a movie - I am Legend, so not worth it. I definitely should not have been downloading movies and truthfully that was about the 6th movie I downloaded. I haven't downloaded any since because the cable company is the only ISP in my area worth a damn so I can't lose that, lol.

Anyways, the funny thing about it is that the company which finds you down/uploading torrents is doing so illegally. It is illegal for them to conduct an investigation on you without licensing in your state. Unfortunately due to the newness of all this and the courts not even close to catching up to the internet, there's been no real action against the agencies which hire the companies that illegally operate like this.
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« Reply #28 on: December 03, 2008, 11:32:52 PM »

+1 to Peer Guardian. If you're going to do anything p2p it's safest to have that running in the background. Don't block the military addresses though you'd be suprised how many active duty military use p2p from base, just use the "p2p" group list and you'll be good to go.
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« Reply #29 on: December 03, 2008, 11:52:42 PM »

The ESA (and others presumably) also make mistakes.  I got a cease and desist last year from the ESA for downloading some kind of Looney Tunes game that I had never even heard of.  Needless to say I hadn't done any such thing.  As near as I can figure I was downloading a release candidate of SP1 for Vista at the time and someone looked at the wrong tracker when looking for infringing IPs.  So from that standpoint peer guardian might be good even for those completely on the up and up. 
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Daehawk
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« Reply #30 on: December 03, 2008, 11:57:55 PM »

I wish it would work. Was fine till that Fallout 3 crash. Ive even downloaded it again and reinstalled with that copy and it still starts tossing up error boxes when i enable it. It will open a error box about every 4 seconds. Fills my screen till i turn it off and delete them .
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« Reply #31 on: December 04, 2008, 12:49:19 AM »

Maybe you should just buy your damn games.
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Daehawk
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« Reply #32 on: December 04, 2008, 01:31:14 AM »

Quote from: EngineNo9 on December 04, 2008, 12:49:19 AM

Maybe you should just buy your damn games.

you sir are un-Armerican smile
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« Reply #33 on: December 04, 2008, 04:39:16 AM »

Quote from: Daehawk on December 04, 2008, 01:31:14 AM

Quote from: EngineNo9 on December 04, 2008, 12:49:19 AM

Maybe you should just buy your damn games.

you sir are un-Armerican smile

No, you are a crook.
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Daehawk
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« Reply #34 on: December 04, 2008, 05:01:11 AM »

Quote from: Graham on December 04, 2008, 04:39:16 AM

Quote from: Daehawk on December 04, 2008, 01:31:14 AM

Quote from: EngineNo9 on December 04, 2008, 12:49:19 AM

Maybe you should just buy your damn games.

you sir are un-Armerican smile

No, you are a crook.

 headbang
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« Reply #35 on: December 04, 2008, 05:47:24 AM »

Quote from: Daehawk on December 04, 2008, 05:01:11 AM

Quote from: Graham on December 04, 2008, 04:39:16 AM

Quote from: Daehawk on December 04, 2008, 01:31:14 AM

Quote from: EngineNo9 on December 04, 2008, 12:49:19 AM

Maybe you should just buy your damn games.

you sir are un-Armerican smile

No, you are a crook.

 headbang

On a website that is pretty clearly anti-piracy and that is only able to operate because publishers provide Ron with review copies, your lighthearted comments and cutsey smilies seem tasteless and bizarrely out of place.
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Daehawk
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« Reply #36 on: December 04, 2008, 06:20:35 AM »

Its the closest smily to the richard nixon I am not a crook victory fingers.

I dont see trying before I buy as being a crook. If I like it and it works i buy it...if I dont or it wont then i delete it. I dont see being told to buy the damn game or calling me a crook is in board etiquette either and I didn't appreciate it. My joke'ish reply was my way of trying to change my response of replying in anger.
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« Reply #37 on: December 04, 2008, 06:22:04 AM »

Quote from: Daehawk on December 04, 2008, 06:20:35 AM

I dont see trying before I buy as being a crook.

This is why many games provide demos.  If the developer doesn't provide a demo, it does not excuse piracy so that you can "try it."
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Daehawk
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« Reply #38 on: December 04, 2008, 06:26:52 AM »

They took away our ability to return a product. They must have expected something like this.

EDIT: Anyways as I said earlier in this thread Ive deleted everything. I will only be buying stuff that is a sure hit from now on since i wont get to try most things first. All they've done is knock themselves out of sales as usual. shot themselves in the foot some more I reckon.
« Last Edit: December 04, 2008, 06:31:29 AM by Daehawk » Logged

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« Reply #39 on: December 04, 2008, 09:14:50 PM »

Quote from: Daehawk on December 04, 2008, 06:26:52 AM

They took away our ability to return a product. They must have expected something like this.

EDIT: Anyways as I said earlier in this thread Ive deleted everything. I will only be buying stuff that is a sure hit from now on since i wont get to try most things first. All they've done is knock themselves out of sales as usual. shot themselves in the foot some more I reckon.

Yes, but its not like you bought the entire store's games and then returned 99% of it when they allowed returns, right? Even when returns were allowed I was picky about my purchases and returned perhaps 1 out of 20 games I bought.
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