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-   -   Virgin to pass on details of porn downloading customers (https://www.cableforum.uk/board/showthread.php?t=33699178)

Qtx 24-10-2014 10:21

Virgin to pass on details of porn downloading customers
 
Quote:

TorrentFreak has learned that several porn companies have teamed up to target alleged file-sharers in the UK. ISP Virgin Media has been ordered by the High Court to hand over the personal details of around 800 subscribers. Lawfirm Wagner & Co, which handled previous cases for copyright troll GoldenEye, is handling the case.
Linky @TorrentFreak

Worth noting that anyone who ignored their demands in the past were not taken to court, although no one can suggest ignoring the letters for legal reasons.

pabscars 24-10-2014 11:46

Re: Virgin to pass on details of porn downloading customers
 
Well spank my monkey and call me Ethel, I didn't see that coming 😃 :)

qasdfdsaq 24-10-2014 22:46

Re: Virgin to pass on details of porn downloading customers
 
Details of 800 subscribers to Virgin or 800 subscribers to the porn sites?

Also this specifically mentions a court order, not just the standard letter-sending practices, which do not require a court order...

alanbjames 25-10-2014 08:14

Re: Virgin to pass on details of porn downloading customers
 
So they have asked Virgin Media for members who are torrent freak members who have been downloading the torrents?

Qtx 25-10-2014 13:14

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by qasdfdsaq (Post 35737366)
Details of 800 subscribers to Virgin or 800 subscribers to the porn sites?

Also this specifically mentions a court order, not just the standard letter-sending practices, which do not require a court order...

Virgin Media has to give out the names and addresses of 800 of it's customers because the court has said they must.

Previously the Porn companies involved only had an IP address which they were unable to identify anyone by, except for what ISP they used. So they took VM to court to get their customers detail, so they knew who had the infringing IP at the time of the so called porn downloading offence.

Should have been obvious from the article tbh.

---------- Post added at 14:14 ---------- Previous post was at 14:12 ----------

Quote:

Originally Posted by alanbjames (Post 35737382)
So they have asked Virgin Media for members who are torrent freak members who have been downloading the torrents?

No, Torrentfreak is just a news site. One would assume the porn was downloaded via torrents, which is where they saw the VM customers IP address to begin with.

Skie 25-10-2014 14:18

Re: Virgin to pass on details of porn downloading customers
 
The internet is for porn

Kushan 25-10-2014 14:39

Re: Virgin to pass on details of porn downloading customers
 
Good luck to them. The IP address may identify the subscriber of the account, but it does not identify the person who downloaded anything.

alanbjames 25-10-2014 21:18

Re: Virgin to pass on details of porn downloading customers
 
Kushan, around the time of the letters being sent out from VM stating they are breaching copyright a friend of mine who is no longer alive received a letter stating he had downloaded hardcore adult material and the guy was 87 years old and had a laptop to keep in touch with family in London and was also an active member of a group who would put pressure on the local councils to get things done such as repairs to roads and so on.

Turned out his son who was apparently "a computer expert" fitted the wireless router for him and only used WPA security with a password that was 4 letters long.

When i logged into the router there were 5 devices connected to his connection and his laptop was turned off.

Like last time i think unless they get evidence in the way of confiscating computer equipment and looking at the material on the drives which would probably require some sort of court order, by that time the guilty party could have changed the hard drive and hidden the other one etc.

Mr Angry 26-10-2014 00:32

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by alanbjames (Post 35737495)
...by that time the guilty party could have changed the hard drive and hidden the other one etc.

Or died, like your friend did.

Sirius 26-10-2014 11:43

Re: Virgin to pass on details of porn downloading customers
 
Bet you now that all of these ip's will be from public trackers. When will people learn you never use public trackers and instead only use private trackers. Best option is to make sure your also using a VPN so that the company working for the blood sucking lawyers cannot get your ip in the first place.

Ignitionnet 26-10-2014 12:02

Re: Virgin to pass on details of porn downloading customers
 
Another option is, of course, to not download the stuff via torrents in the first place but use legitimate distribution mechanisms.

That's pretty effective too :)

Kushan 26-10-2014 17:09

Re: Virgin to pass on details of porn downloading customers
 
You mean newsgroups, right?

Ignitionnet 26-10-2014 21:21

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35737627)
You mean newsgroups, right?

Hah!

I have no idea why people would be wanting to download porn via any illegitimate method when there's more than enough free streaming sites online to bust nuts over or to get yourself and the significant other warmed up.

Usenet has become increasingly centralised as the demands of running it go ever higher and with the advent of DCMA takedowns is becoming less and less valuable. Ultra-high bandwidth binary Usenet is probably living on borrowed time and people really need to be aware that their EU hosted services will be in strife should the EU sign the TTIP with the USA.

Can't say I'll be sorry to see it go.

alanbjames 26-10-2014 21:59

Re: Virgin to pass on details of porn downloading customers
 
I have only ever downloaded 2 torrents in all the time i have been on the internet.

A friend introduced me to linux so i downloaded redhat and didn't like it so i downloaded ubuntu instead and got on much better. Infact its still on my old PC i don't use now.

My son and his boyfriend i also know does not download from newsgroups, torrents or peer to peer because my sons boyfriends dad was caught and had a large fine and computer equipment confiscated.

qasdfdsaq 27-10-2014 13:23

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737660)
I have no idea why people would be wanting to download porn via any illegitimate method when there's more than enough free streaming sites online to bust nuts over or to get yourself and the significant other warmed up.

Quality... not many of those 'free' sites are equipped with decent 1080p or even 4K recording equipment :p:

Kushan 27-10-2014 13:23

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737660)
Hah!

I have no idea why people would be wanting to download porn via any illegitimate method when there's more than enough free streaming sites online to bust nuts over or to get yourself and the significant other warmed up.

Usenet has become increasingly centralised as the demands of running it go ever higher and with the advent of DCMA takedowns is becoming less and less valuable. Ultra-high bandwidth binary Usenet is probably living on borrowed time and people really need to be aware that their EU hosted services will be in strife should the EU sign the TTIP with the USA.

Can't say I'll be sorry to see it go.

I agree it's on borrowed time. If you use them correctly, it's easy to find content that hasn't been taken down but it takes a fair bit of investment (Time and money) to do this.
It seems to be shifting towards streaming via torrents anyway, via the likes of popcorn time which has a built in VPN. Not entirely sure how they manage to run that all but I imagine they'll start charging at some point and in that instance you may as well just pay for netflix.

Ignitionnet 27-10-2014 16:40

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by qasdfdsaq (Post 35737718)
Quality... not many of those 'free' sites are equipped with decent 1080p or even 4K recording equipment :p:

UHD porn just isn't nice. There is being able to see too much. :sick:

480p is just fine, slightly soft focus.

---------- Post added at 17:40 ---------- Previous post was at 17:39 ----------

Quote:

Originally Posted by Kushan (Post 35737719)
I agree it's on borrowed time. If you use them correctly, it's easy to find content that hasn't been taken down but it takes a fair bit of investment (Time and money) to do this.
It seems to be shifting towards streaming via torrents anyway, via the likes of popcorn time which has a built in VPN. Not entirely sure how they manage to run that all but I imagine they'll start charging at some point and in that instance you may as well just pay for netflix.

VPNs are awesome. Saves the powers that be a ton of work having to monitor in many different places when they can just grab from endpoints.

Kushan 27-10-2014 16:42

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737749)
VPNs are awesome. Saves the powers that be a ton of work having to monitor in many different places when they can just grab from endpoints.

Grab what, though? ;)

Ignitionnet 27-10-2014 17:27

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35737751)
Grab what, though? ;)

Raw data streams.

If they're clever they can even de-anonimise the VPN users.

Hugh 27-10-2014 17:32

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737749)
UHD porn just isn't nice. There is being able to see too much. :sick:

480p is just fine, slightly soft focus.

---------- Post added at 17:40 ---------- Previous post was at 17:39 ----------



VPNs are awesome. Saves the powers that be a ton of work having to monitor in many different places when they can just grab from endpoints.

Yup - people forget one of the aspects of traffic analysis is knowing which traffic needs to be analysed....;)

Kushan 27-10-2014 17:47

Re: Virgin to pass on details of porn downloading customers
 
Then make sure you use a decent provider? I doubt the copyright trolls are going to go to such extreme lengths. Anyone beyond that with the resources to do such interception isn't likely to be after your porn habits.

qasdfdsaq 28-10-2014 11:57

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737749)
UHD porn just isn't nice. There is being able to see too much. :sick:

480p is just fine, slightly soft focus.

Well 3D then, often looks fairly blurry and lower resolution than actually recorded just due to your eyes fuzzing up but you get the extra depth that makes you 'feel like you're really there'

---------- Post added at 12:57 ---------- Previous post was at 12:57 ----------

Quote:

Originally Posted by Kushan (Post 35737766)
Then make sure you use a decent provider? I doubt the copyright trolls are going to go to such extreme lengths. Anyone beyond that with the resources to do such interception isn't likely to be after your porn habits.

Indeed, they're after Silk Road and the likes

Ignitionnet 28-10-2014 12:18

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35737766)
Then make sure you use a decent provider? I doubt the copyright trolls are going to go to such extreme lengths. Anyone beyond that with the resources to do such interception isn't likely to be after your porn habits.

Wasn't copyright trolls I was thinking of. If they were to start intercepting in that manner they'd be on their way to jail fairly rapidly.

Kushan 28-10-2014 12:30

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737845)
Wasn't copyright trolls I was thinking of. If they were to start intercepting in that manner they'd be on their way to jail fairly rapidly.

I sure hope so =\

qasdfdsaq 28-10-2014 12:59

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Ignitionnet (Post 35737845)
Wasn't copyright trolls I was thinking of. If they were to start intercepting in that manner they'd be on their way to jail fairly rapidly.

You'd have thought after the NSA got caught unconstitutionally wiretapping they'd be on their way to jail too but nah, they get a free pass. And the copyright troll media companies abusing the legal system seemed to get a free pass too, as long as money as being passed to the right people.

Hom3r 28-10-2014 18:02

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35737429)
Good luck to them. The IP address may identify the subscriber of the account, but it does not identify the person who downloaded anything.


Well they are still liable.

It up to you too make sure your equipment is secure.

If your not secure and somebody downloads illegal stuff you can go down for it.

qasdfdsaq 29-10-2014 12:22

Re: Virgin to pass on details of porn downloading customers
 
Ah yes, the good old backwards and archaic British legal system that holds pub owners, bus companies, and coffee shops liable for what every passer by on the street does on their wifi.

Kushan 29-10-2014 18:24

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Hom3r (Post 35737923)
Well they are still liable.

It up to you too make sure your equipment is secure.

If your not secure and somebody downloads illegal stuff you can go down for it.

Quote:

Originally Posted by qasdfdsaq (Post 35738009)
Ah yes, the good old backwards and archaic British legal system that holds pub owners, bus companies, and coffee shops liable for what every passer by on the street does on their wifi.

Has that actually been proven yet, in an actual court of law in the UK?

qasdfdsaq 31-10-2014 10:36

Re: Virgin to pass on details of porn downloading customers
 
You don't need to 'prove' what's clearly stated in law...

Kushan 31-10-2014 10:56

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by qasdfdsaq (Post 35738265)
You don't need to 'prove' what's clearly stated in law...

What's "clearly" stated? Nowhere in the law does it state that the bill payer is liable for the actions of someone using their connection. An IP address is not a person. It's illegal to pirate stuff, sure, but that does not mean that an IP address caught in a torrent is proof of the bill payer being the pirate. To my knowledge, this has never been the case and no court has convicted the bill payer purely on an IP address alone.

That doesn't stop these companies sending threatening letters hoping for out of court settlements, but again to my knowledge, nobody that has ever challenged them has ever been found guilty in court. Tell them to go away and they will, because the legal ground is extremely shaky.

Maggy 31-10-2014 11:28

Re: Virgin to pass on details of porn downloading customers
 
Is this like the Davenport Lyons fiasco?

Kushan 31-10-2014 13:13

Re: Virgin to pass on details of porn downloading customers
 
Probably not far off. Be interesting to see what they do with the information from Virgin, if anything.

qasdfdsaq 31-10-2014 13:40

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35738273)
What's "clearly" stated? Nowhere in the law does it state that the bill payer is liable for the actions of someone using their connection. An IP address is not a person. It's illegal to pirate stuff, sure, but that does not mean that an IP address caught in a torrent is proof of the bill payer being the pirate. To my knowledge, this has never been the case and no court has convicted the bill payer purely on an IP address alone.

That doesn't stop these companies sending threatening letters hoping for out of court settlements, but again to my knowledge, nobody that has ever challenged them has ever been found guilty in court. Tell them to go away and they will, because the legal ground is extremely shaky.

http://en.wikipedia.org/wiki/File_sh...United_Kingdom
http://en.wikipedia.org/wiki/Digital...al_measures.29

Kushan 31-10-2014 13:49

Re: Virgin to pass on details of porn downloading customers
 
Nothing in either link says the bill payer is liable for copyright infringement. They may be notified, they may have their connection slowed or disconnected but nothing there says anything about unequivocally being liable. By all means quote the part that I must be missing.

Sirius 31-10-2014 14:28

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Maggy J (Post 35738284)
Is this like the Davenport Lyons fiasco?

If it is then one would hope it goes the same why, down the plug hole.

Maggy 31-10-2014 15:43

Re: Virgin to pass on details of porn downloading customers
 
Ridiculous that they can punt this way..All it needs is for someone to really get the hump and meet them in court.Case dismissed especially if it's some grey haired old granny..;)

qasdfdsaq 31-10-2014 15:44

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Kushan (Post 35738324)
Nothing in either link says the bill payer is liable for copyright infringement. They may be notified, they may have their connection slowed or disconnected but nothing there says anything about unequivocally being liable. By all means quote the part that I must be missing.

So they are liable to being punished for it but not liable to err... what?. Logic goes where?

Regardless:

Quote:

(1)This section applies if it appears to a copyright owner that—

(a)a subscriber to an internet access service has infringed the owner's copyright by means of the service; or

(b)a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner's copyright by means of the service.

Sirius 31-10-2014 16:38

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by qasdfdsaq (Post 35738337)
So they are liable to being punished for it but not liable to err... what?. Logic goes where?

Regardless:

(1)This section applies if it appears to a copyright owner that—

(a)a subscriber to an internet access service has infringed the owner's copyright by means of the service; or

(b)a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner's copyright by means of the service.

Honest question here, how can you have allowed some one if they have hacked your wifi overnight ?

Hugh 31-10-2014 16:53

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Sirius (Post 35738351)
Honest question here, how can you have allowed some one if they have hacked your wifi overnight ?

What, and sat outside on your step amusing themselves? ;)

Sirius 31-10-2014 17:27

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by Hugh (Post 35738353)
What, and sat outside on your step amusing themselves? ;)

Or next door ;)

Kushan 31-10-2014 19:12

Re: Virgin to pass on details of porn downloading customers
 
Quote:

Originally Posted by qasdfdsaq (Post 35738337)
So they are liable to being punished for it but not liable to err... what?. Logic goes where?

In this instance, "liable" is a legal term and specifically refers to their legal liability.

Quote:

In law, a person is legally liable when they are financially and legally responsible for something.
This is the crux of the matter, they may be the owner of the connection that infringed copyright but that alone does not make you (legally) liable for what someone does on it. The bill you're quoting from focuses on educating the owner, to ensure that they're aware that the infringement is taking place - not so that they can be taken to court. As others have pointed out, leaving your wireless unsecured or having someone break in (say via a widely reported flaw in WPS...) shouldn't mean you are (again, legally) liable for what they've done. If someone steals your car, you aren't responsible for them running over an old lady, but you will be notified that it was involved in an accident. See?

The logic is fine, it's your misunderstanding of what being legally liable actually means.



Quote:

Originally Posted by qasdfdsaq (Post 35738337)
Regardless:
Quote:

(1)This section applies if it appears to a copyright owner that—

(a)a subscriber to an internet access service has infringed the owner's copyright by means of the service; or

(b)a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner's copyright by means of the service.

I find it highly amusing that you're quoting this, yet that text does not actually appear in either wikipedia link you supplied. I had to google it and, of course, it's from the Digital Economy bill itself. However, unsurprisingly you've cut and paste only part of the story. "This Section" refers to section 12A, which is titled "Obligation to notify subscribers of copyright infringement reports".
Again, nothing there states that they are legally liable, they are simply being notified that infringement has taken place according to a copyright holder.

I'm going to pre-empt the next thing you'll quote:

Quote:

following such a disclosure, the copyright owner may apply to


a court to learn the subscriber’s identity and may bring


5

proceedings against the subscriber for copyright infringement
This is really the bit that matters, as it applies to the topic post. However note that the bill is only in relation to the ISP supplying details to the copyright holder, it in no way specifies who is actually (Once more: legally) liable for the infringement that took place. They still have to prove that the owner is responsible in court and to my knowledge, this hasn't been tested properly in the UK yet.


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