A friend just received some DMCA violation settlement notices (3 instances of $20 per violation)

[G+_Liam Kennedy]

A friend just received some DMCA violation/settlement notices (3 instances of $20 per violation).  Problem is he runs an AirBNB rental - and these relate to downloads done by a guest.   I think it might be really helpful in a future show to take people through how they can block torrent sites.  Would that help?  

 

I'm pretty sure the "average" home router often comes with some ability to block sites (mine does) - but will that be enough?  Are there some other solutions (access points or other custom hardware/proxy/VPN device that might help)

 

Or any other discussions about how to handle this issue.   

 

Thanks for a great show!

[G+_Taylor Graham]

Wow, someone cared enough to send a settlement notice? I'd definitely tell your friend to ignore those. Don't respond to it, right now there's no way they could actually prove it was your friend that downloaded the offending file. Responding could be seen as an admission of guilt.

 

You can actually block P2P protocols, that would help. You'd need a router that supported that functionality though. Who knows if it was even a torrent though, could have gotten in any number of ways. 

[G+_Liam Kennedy]

These were sent via the cable company due to some new law that has them do this on behalf of the DMCA org.   They are legitimate (not a scam)... and yes... while my friend could ignore them - it's still a considerable "risk" (possibly) as the penalties are of course states very high.   Bottom line.. it would be great to be able to remove the problem in the first place.    If that's even feasible. 

 

The notices references specific MP3 files from a particular site

[G+_Taylor Graham]

I'd definitely read the fine print thoroughly. If you send them the $20, and it turns out you weren't actually settling, they could decide to sue you anyway and use the fact that you paid as an admission of guilt.

There's almost no way they could prove it was actually your friend that downloaded those files though. His machine could have been compromised, or perhaps he had an open WiFi network. 

 

I agree though, either way you don't really want to get sued. That's really lame.

He could use a VPN at the router to protect himself from this in the future. That would hide any kind of traffic from his ISP. Again, you'll need a router that supports OpenVPN (like DDWRT).

[G+_Travis Hershberger]

The idea behind those was at least... logical (great if you're a Vulcan.)  Not so great in real life.  I agree with Taylor Graham that they'll never be able to prove who it was being that this person runs a BNB.  An IP address does not equal identity according to some court case (I can't recall which.)  The HUGE problem with these is that even if you challenge the decisions (btw, the $20 normally isn't the fine, the $20 is just to challenge the already determined guilt.  Totally bogus system) is that after 7 of these things they take your internet access away and you don't get it back (unless you can find an ISP that does not participate in this agreement with the DMCA.)  This just has all kinds of pain and suffering written on it.

 

You might want to go check with the people at This Week In Law for a more informed opinion on where to go from here.  I'd be getting a lawyer involved at this point.

[G+_Liam Kennedy]

The fine print specifies this is a "settlement" in lieu of being liable for the bigger fine.   I agree - it's no doubt a "scare tactic" and the practicality of them suing is likely low - but - there is precedence.

 

This whole thing made me wonder how hotels handle this?    

[G+_Liam Kennedy]

And yes.  Good idea to take this to TWiL

[G+_Taylor Graham]

I wouldn't be surprised if TWIL had an episode covering something like this. Maybe not the hotel thing, but that's a cool angle. It might have something to do with the terms of service you agree to on most public wifi setups. Would be cool if Denise talked about it.

[G+_Dallam Oliver-Lee]

Liam Kennedy I have done public wifi for hotels which we set them up with Meraki. We bought the Meraki router along with the Meraki access points and configured the Meraki router to block all P2P traffic. The hotels stopped receiving DMCA notices as soon as this router was installed.? You just need to find a router that can block P2P traffic is the easiest solution.

[G+_Liam Kennedy]

Well my friend who received the DMCA notices has decided to simply ignore them... based upon the "majority opinion" that is out there - and that is there really is no way these are enforceable.   It was interesting to hear that hotels are getting these.  It must be a real burdon on them if they are obligated to track down the "perps".. although I must imagine they ignore them too.   All in all it seems entirely pointless.  

[G+_Joshua Hamlett]

OpenDNS would probably be helpful. It allows blocking a wide variety of websites, including torrents.

[G+_Dallam Oliver-Lee]

Blocking via DNS like OpenDNS will help, but wont stop P2P traffic. People can or have hard-coded their DNS settings to use a different DNS than whats provided by the router plus P2P can still work even if you block the DNS to torrent tracker sites and torrent sites as P2P clients also use other means to share data like DHT. You will need a router that can block P2P traffic to stop it 100%.?

[G+_Ed H]

This is great information to know- thanks for posting the question.