RIPE DB abuse by BSA (of all people) ?
I received this today, could be spam (even if 'genuine') but the linking of the IP address to me is worrying. I used to be a registered contact on the IP range mentioned - years ago, so someone obviously has an old RIPE (or ARIN etc.) DB. I know of no other location that this IP range is linked to my personal details. Is this valid / legal use of the RIPE DB (given it is out of date and obviously an offline copy) ? If it isn't, someone in RIPE want to pick this up ? Peter Galbavy Knowtion Ltd. --- original --- Return-path: <copyright-europe@bsa.org> Envelope-to: peter@wonderland.org Delivery-date: Mon, 14 Apr 2003 21:50:43 +0100 Received: from exim by mailstore-1.mail.knowledge.com with spam-scanned (Exim 3.33 #1) id 195AuZ-00023K-00 for peter@wonderland.org; Mon, 14 Apr 2003 21:50:43 +0100 Received: from [209.70.21.6] (helo=leads.bsa.org) by mailstore-1.mail.knowledge.com with esmtp (Exim 3.33 #1) id 195AuZ-00029t-00 for peter@wonderland.org; Mon, 14 Apr 2003 21:50:43 +0100 Received: from CBECK1 ([192.168.1.31]) by leads.bsa.org with Microsoft SMTPSVC(5.0.2195.5329); Mon, 14 Apr 2003 15:00:33 -0400 To: "Peter Galbavy" <peter@wonderland.org> From: Copyright Europe <copyright-europe@bsa.org> Subject: Case ID 670521 - Notice of Claimed Infringement Content-Transfer-Encoding: Quoted-Printable Content-Type: text/plain; charset=ISO-8859-1 MIME-Version: 1.0 Message-ID: <000000010103d407d3@[192.168.1.31]> Date: Mon, 14 Apr 2003 15:00:32 -0400 X-OriginalArrivalTime: 14 Apr 2003 19:00:33.0188 (UTC) FILETIME=[20134E40:01C302B8] X-Spam-Status: No, hits=-0.5 required=5.0 tests=DEAR_SOMEBODY version=2.20 X-Spam-Level: Monday, April 14, 2003 22 Chesterfield Road London N3 1PR England Cable and Wireless UK IP GSOC 1st Floor, Pinnacle House. Hartfie= ld R GB RE: Unauthorized Distribution of the following copyrighted computer progra= m(s): Adobe Illustrator Dear Sir/Madam: The Business Software Alliance (BSA) has determined that the connection lis= ted below, which appears to be using an Internet account under your control= , is using a Gnutella network to offer unlicensed copies of copyrighted com= puter programs published by the BSA's member companies. Infringement Details: ------------------------------ First Found: 27 Mar 2003 18:08:34 EST (GMT -500) Last Found: 13 Apr 2003 03:33:37 EST (GMT -500) Network: Bearshare IP Address: 212.36.41.234 IP Port: 6346 Protocol: Gnutella What was located as infringing content:=20 ------------------------------ Filename: adobe illustrator 10(with serial).zip (64,963kb) The above computer program(s) is/are being made available for copying, thro= ugh downloading, at the above location without authorization from the copyr= ight owner(s). Based upon BSA's representation of the copyright owners in anti-piracy matt= ers, we have a good faith belief that none of the materials or activities=20= listed above have been authorized by the rightholders, their agents, or the= law. BSA represents that the information in this notification is accurate= and states, under penalty of perjury, that it is authorized to act in this= matter on behalf of the copyright owners listed above. We hereby give notice of these activities to you and request that you take=20= expeditious action to remove or disable access to the materials described=20= above, and thereby prevent the illegal reproduction and distribution of pir= ated software via your company's network. As you know, illegal on-line acti= vities can result in 50 million people on the Internet accessing and downlo= ading a copyrighted product worldwide without authorization - a highly dama= ging activity for the copyright holder. We appreciate your cooperation in this matter. Please advise us regarding=20= what actions you take. Please include the following CaseID in any response you send: Case ID 67052= 1 Yours sincerely, Corinna Beck Business Software Alliance 1150 18th St NW Suite 700 Washington, DC 20036 http://www.bsa.org E-mail: copyright-europe@bsa.org
Peter Galbavy said:
I received this today, could be spam (even if 'genuine') but the linking of the IP address to me is worrying. I used to be a registered contact on the IP range mentioned - years ago, so someone obviously has an old RIPE (or ARIN etc.) DB. [...] From: Copyright Europe <copyright-europe@bsa.org>
The Business Software Alliance (BSA) has determined that the connection lis= ted below, which appears to be using an Internet account under your control= , is using a Gnutella network to offer unlicensed copies of copyrighted com= puter programs published by the BSA's member companies.
I would suggest that you write back and point out that an organisation calling themselves "Copyright Europe" should stay out of Europe until they understand the meanings of "Directive 95/46/EC" and "Directive 2000/31/EC". [The former is the basis of the Data Protection Act, with a requirement to keep personal data up to date. The latter is the Electronic Commerce Directive, which absolves ISPs from *all* legal responsibility for material where they act as a "mere conduit", which certainly applies to Gnutella, even where they are aware of it.] -- Clive D.W. Feather | Work: <clive@demon.net> | Tel: +44 20 8495 6138 Internet Expert | Home: <clive@davros.org> | *** NOTE CHANGE *** Demon Internet | WWW: http://www.davros.org | Fax: +44 870 051 9937 Thus plc | | Mobile: +44 7973 377646
Clive D.W. Feather wrote:
I would suggest that you write back and point out that an organisation calling themselves "Copyright Europe" should stay out of Europe until they understand the meanings of "Directive 95/46/EC" and "Directive 2000/31/EC".
They are a marketing organisation, why should they act in a legal way ? Sarcasm intended.
[The former is the basis of the Data Protection Act, with a requirement to keep personal data up to date. The latter is the Electronic Commerce Directive, which absolves ISPs from *all* legal responsibility for material where they act as a "mere conduit", which certainly applies to Gnutella, even where they are aware of it.]
In this instance, the IP range was assigned to an old consulting customer of mine that I set-up. After moving on, I got myself removed from the contacts, but not sure of the date. So the ISP angle doesn't apply (this time). Peter
Peter, On 2003-04-14 22:32:36 +0100, Peter Galbavy wrote:
I received this today, could be spam (even if 'genuine') but the linking of the IP address to me is worrying. I used to be a registered contact on the IP range mentioned - years ago, so someone obviously has an old RIPE (or ARIN etc.) DB.
I know of no other location that this IP range is linked to my personal details.
Is this valid / legal use of the RIPE DB (given it is out of date and obviously an offline copy) ? If it isn't, someone in RIPE want to pick this up ?
Thank you for bringing this up. We will contact the BSA and find out the details of their use of the RIPE Database. At the very least, they are using quite old cached data, and we can help them get more up-to-date records. In general, these kinds of problems may be sent to <ripe-dbm@ripe.net>, unless you wish to discuss them in a public forum. -- Shane Kerr Database Group Manager RIPE NCC
Hi, Actually I would like know what steps the NCC takes in the cases where the Database copyright (http://www.ripe.net/ripe/docs/databaseref-manual.html#A3.1) is breached. Thanks Neil On Fri, 25 Apr 2003, Shane Kerr wrote:
Peter,
On 2003-04-14 22:32:36 +0100, Peter Galbavy wrote:
I received this today, could be spam (even if 'genuine') but the linking of the IP address to me is worrying. I used to be a registered contact on the IP range mentioned - years ago, so someone obviously has an old RIPE (or ARIN etc.) DB.
I know of no other location that this IP range is linked to my personal details.
Is this valid / legal use of the RIPE DB (given it is out of date and obviously an offline copy) ? If it isn't, someone in RIPE want to pick this up ?
Thank you for bringing this up.
We will contact the BSA and find out the details of their use of the RIPE Database. At the very least, they are using quite old cached data, and we can help them get more up-to-date records.
In general, these kinds of problems may be sent to <ripe-dbm@ripe.net>, unless you wish to discuss them in a public forum.
-- Shane Kerr Database Group Manager RIPE NCC -- Virus scanned by edNET.
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participants (4)
-
Clive D.W. Feather -
Neil Anderson Saunders -
Peter Galbavy -
Shane Kerr