Nintendo cracking down on BitTorrents
A reader of The Wii Experience recently wrote to them regarding an email they received from the Entertainment Software Association (ESA). Story goes they were downloading a torrent of the Zelda cartoon and were then hit with a legal-jargon-filled email detailing some scary stuff. With the Virtual Console in full force now you can be fairly sure that Nintendo will crack down on copyright infringements such as this one. The thing I find funny about this whole situation is that by saying they were only downloading the cartoon and not, say, a Zelda ROM, that somehow makes it okay. You’re still breaking the law, buddy. Respect the princess. And pay.
What follows is the letter the unlucky gamer received in full:
Attention: Intellectual Property Enforcement
Telephone: ###-###-####
E-mail: esa@copyright-compliance.com19 Jan 2007 02:32:59 GMT
ISP: PenTeleData
ESA Reference Number: ###-#######Dear PenTeleData:
The Entertainment Software Association (ESA) is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries (collectively referred to as ESA members). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.
ESA is providing this letter of notification to make PenTeleData aware of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.
Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its members’ rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.
Based on the information at its disposal, ESA has a good faith belief that the IP address below infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringing activities. The copyrighted works that have been infringed include but are not limited to:
Title: Zelda
Infringement Source: BitTorrent
Infringement Timestamp: 19 Jan 2007 02:52:24 GMT
Infringement Last Documented: 19 Jan 2007 02:52:24 GMT Infringer Username:
Infringing Filename: The Legend of Zelda
Infringing Filesize: 2351679488
Infringer IP Address: ###.###.###.###
Infringer DNS Name: #######################
Infringing URL: ############################The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available through the above-listed IP address. Those items are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork. Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities, are hereinafter referred to as “Infringing Material.â€Â
Accordingly, ESA hereby requests PenTeleData to immediately do the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement, including termination of a repeat offender.Please inform us whether you will remove or disable access to the Infringing Material as requested. PenTeleData or the account holder may contact ESA at the above-listed contact details, with email preferred. Please include the above-noted Reference Number in the subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
I know I wouldn’t like to see one of these babies floating around my inbox. The answer? Get your games the old-fashioned way; in exchange for metals, papers and numbers. You’ll feel better for it. Via Digg. [JC]
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January 31st, 2007 at 3:04 pm
Penteledata just said they were coming to shut off my internet because of some bittorrent download. I don’t even have the program. Yes, I do have wireless, but it is encrypted and I live in a neighborhood of senior citizens…at a dead end street. Does anyone know how this could happen? Is there some sort of way bittorrent can “fake” IP addresses? Or is Penteledata just interpreting the information wrong? This is really pissing me off, as they are a monopoly in my area…I can’t just switch to someone else.
April 6th, 2009 at 6:44 pm
yes bittorrent can “fake” IP addresses. as long as you really aren’t downloading music or game or movie files from say limewire or any of these download sites that are “free.” If you have been downloading, just stop! don’t do it anymore. you don’t have to delete everything, just take what you got and leace it at that. it’s more of a warning at this point. if you continue to download they will come after you. AGAIN, if you really ARE NOT downloading anything, then you may want to try to contact them and explain that it’s not you. but don’t try to lie or trick them. they have plenty of specialists in this area and will find out for sure if it really is you, or if you’ve been faked!