ISP sending letter to terminate access

[reaktor]

Although I personally am an educated downloader (I dont download movies or dumb stuff, just the occassional album from private FTPs, etc) Anyway, my gf just received a letter from the ISP *ISP name removed, im sure its against some sort of rules here* stating that a file, "Fear and Loathing in Las Vegas" has been downloaded on their network.

Now dont get me wrong it would be like the pot calling the kettle black, however, I never downloaded that crap nor did my gf. Now here is where the problem really lies though. My gf's sister did download some dumb movie about a year ago so they issued a warning against this account. Come a year later they view this as the 2nd offense, rightfully so if you ask me in their point of view, however, again, we didnt download this movie and her sister isnt around anymore.

With respect to this scenario though, this shouldnt be the 2nd offense as it's erroneous, however, they're stating that I have to plead my case and write a letter of appeal to the copyright holders.

I dont think its too unreasonable for the circumstances, although I fear that we'll get the rotten end of the stick and unfortunately, we havent committed this offense.

Has anyone had to do this before or have any prior experience dealing with the ISP? Is there any chance that we're going to be able to keep this ISP? I cant stand em, this isnt the first time I have heard of them stiff-arming people (legitimately and unfortunately in my case, sometimes illegitimately) however, there is no other broadband ISP in the area.

Any suggetions?

[respawn40]

Who's the ISP? There's no rule here that says you can't mention it. It may even help you if you do mention it.

[reaktor]

The ISP is Service Electric (PenTeleData) If this is indeed against the rules, please say so and I'll edit it out.

[Biter]

maybe just a fake one; if they insisted u have dl it, they need to prove it.. but u say u didn't dl it... so...

[kondrae]

switch isp

[integral]

I'd switch ISPs; if that isn't an option, you might have to go through their little process.

[Raban]

this is the reason i do all my torrenting through a seedbox in france .... there aren't many broadband options in my area and I don't wanna lose my service... if they shutdown my french server who gives a fuck

also its best to stick to high level exclusive torrent sites... even places like torrentleech are *heavily* monitored by the powers that be... you can just see from the TL forums all the people getting letters for downloading stuff...

so ya my lesson for the day is do all of your torrenting through a server in another country

[dimutri]

yeah why can't you just switch ISP ?

[Artemis]

My country (New Zealand) is pushing through a new copyright law, that forces all ISP's in N.Z. to in effect police their networks, if a copyright holder sends a cease and desist letter for copyright infringement then the user is warned, 2nd strike and they are out. The difference of course is that some ISP's act on C&D letters some do not, but now it will be the law that they have to act on them. I only uses https connects for browse & torrent download anyway but as the above poster said it may be time to go back to a server ( but the expense once the cost is converted to NZD is very high) or say au revoir to torrenting and get a newsgroup a/c. Still deciding which is the better option since I enjoy the forum side of the bit torrent community, but the risks (at least here) are becoming too high.
New Zealand is only a small country so the option to go sod it & change ISP's is limited, there are only a few, and this seems to be happening more & more in different countries.

[Tokeman]

Write a letter back asking for proof. Dates times IP's where from etc. If they can not provide such details, they do not have grounds to terminate your access, although they still might. That would be a legal situation you'd have to solve then.