Since January 2015, under new “Notice-and-Notice” rules, digital rights organizations are notifying ISPs of alleged illegal downloads over their network. ISPs must now do three things: forward the notice to our client; confirm to the claimant the notice was forwarded; and keep a record of the client IP address at the time listed in the notice. Michael Geist summarises the made-in-Canada balance which does not require take down of content as in other jurisdictions.
So what does a notice mean for your organization or business? First, ask yourself two questions. Do you have a policy to help staff understand appropriate and inappropriate use of the network? Second, can you identify repeat users your policy would consider abusive? If the policy is something vague like “use good judgement” and it isn’t working, it is now time to clarify some basics. Illegal downloads can result in civil and criminal liability and some content producers are actively pursuing illegal downloads.
However if you want to know who downloaded that movie, especially when a second notice arrives, ask if your organization has the tools to identify the device that triggered the claim? Read more for an example of a notice and more thoughts.
The timestamp at the bottom of the notice identifies the date, time, content, network IP address, port and file size, in this case a movie download of over 2.3 GB or close to 2500 MB.
If you are internet challenged at your location, a 2.3 GB file grabs all available bandwidth and makes internet access unusably slow for others.
If you are sitting on a big feed and have oodles of bandwidth, employees can download large files without impact or visibility, opening your organization up to a future claim.
Here is an example of a Notice claiming an illegal download. Bottomline, be proactive about illegal or unfair network usage and have the tools in place to notice your network.
From: The Wire Support <> To: [Client email] Subject: Fwd: Notice of Claimed Infringement – Case ID 180xxxxxx Date: Mon, 05 Jan 2015 03:31 pm (2 days ago) Hi [Client], We received the following copyright complaint in regards to your internet connection. Thanks, The Wire Support —- Forwarded message —- Subject: Notice of Claimed Infringement – Case ID 180xxxxxx From: IP-Echelon Compliance <> Date: Mon, 5 Jan 2015 20:18:09 +0000 To: —– Dear We are writing this message on behalf of Warner Bros. Entertainment Inc.. We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted material. The title in question is: The Hobbit: The Battle of the Five Armies The distribution of unauthorized copies of copyrighted television programs constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations. Since you own this IP address (xxx.xx.xx.xxx), we request that you immediately do the following: 1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Warner Bros. Entertainment Inc. content without authorization; and 2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement. On behalf of Warner Bros. Entertainment Inc., owner of the exclusive rights in the copyrighted material at issue in this notice, we hereby state that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros. Entertainment Inc., its respective agents, or the law. Also, we hereby state, under penalty of perjury, that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification. We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested. Any further enquiries can be directed to Please include this message with your enquiry to ensure a swift response. Respectfully, Adrian Leatherland CEO IP-Echelon Email: Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States – ————- Title: The Hobbit: The Battle of the Five Armies Timestamp: 2015-01-05T19:23:53Z IP Address: xxx.xx.xx.xxx Port: xxxxx Type: BitTorrent Torrent Hash: 16qw5q3tgnskryki4trfWF Filename: The Hobbit The Battle Of The Five Armies 2014 Filesize: 2372 MB –