
Ask HN: I got a copyright infringement notice, what should I do? - Screwedpupp
I received this mail today. I download this file few days back on a digital ocean server and then deleted it. Today I got this infringement notice. Is it serious? How screwed I am? I am currently in Trinidad and Tobago. Please help guys.
What I am unable to understand is how they know whats on my server? Is digital ocean allowed to scan content of my VPS?<p>The email I received: http:&#x2F;&#x2F;pastebin.com&#x2F;X8Nx6X3A
======
noonespecial
Know thy enemy:

[https://torrentlawyer.wordpress.com/2013/02/22/ceg-tek-
dmca-...](https://torrentlawyer.wordpress.com/2013/02/22/ceg-tek-dmca-ira-
siegel-chances-of-being-sued/)

[https://torrentlawyer.wordpress.com/tag/ira-
siegel/](https://torrentlawyer.wordpress.com/tag/ira-siegel/)

And yes. VPS's almost always store your files in a way that anyone with root
to the host can look through your files. They often have automated systems
that search everything you store for "bad" files and won't hesitate to contact
you when found.

~~~
Screwedpupp
your links helped alot. Generally I research on everything, every person I
encounter but missed searching for these people after getting the email, may
be I was a little scared. thanks again

------
kristianp
It looks like you downloaded the file using bittorrent. They could have
detected the IP address from that, and using a list of IPs owned by Digital
Ocean, sent a notice to DO based on that.

------
Spoom
You have two options:

1\. Access the settlement. This is like an admission of guilt as they _will_
record that you viewed the settlement. If you access the settlement and
subsequently reject it, they will almost certainly sue you and win in court.
The settlement offer is likely $1,750 USD or so per infringement.

2\. Do not access the settlement and go underground. Then you're hoping that
you don't win the lawsuit lottery of the people to whom they've sent
settlement offers.

Of course, since you have admitted guilt here in a public setting, your only
ethical and moral option is number 1. That said, since you have _also_
admitted to destroying evidence in comments here, the settlement may no longer
be an option, and you may have subjected yourself to many thousands of
additional damages and possible criminal penalties if you haven't sufficiently
anonymized yourself.

There is also a third option of disputing the cease and desist (i.e. arguing
that they are mistaken), but I would wager that you would lose that argument.

------
darrelld
Hey,

I am not a lawyer but I did grow up next door to you (in St. Lucia) and I ran
a series of movie, anime and video game download sites in the early to mid
2000's. I got these notices all the time.

When I got one I would simply remove the content from one server onto another
and all would be well. The end.

Yes I know I was blatantly infringing copyrights, but I was young and didn't
care. Also maybe things have changed but my understanding is that there was no
way for you to be prosecuted in T&T. At worst your server gets shut down
(which did happen to me) and you are banned from using their services.

I think you'll be fine.

------
saluki
I haven't seen this before and am not a lawyer.

1\. I would contact an attorney.

Some quick thoughts, but always consult your attorney first before taking any
actions.

2\. Would NOT access the settlement offer, have your attorney check it out if
he recommends it from his computer/IP.

3\. Delete and scrub your droplet at Digital Ocean.

4\. Maybe delete your Digital Ocean account and open a new one under a new
email or use linode for a while.

I expect if you remove your droplet and aren't active on that IP and don't
host any of their files or torrent activity in the future this might go away.

Good luck with it.

~~~
Screwedpupp
cleaned the VPS using srm and then deleted the account on Digital Ocean.
Thanks for the advice.

BTW do you know any secure and anonymous VPS? thanks

~~~
saluki
Just remember nothing is secure and/or anonymous.

Or as Obi Wan would say:

(wave hand) You don't need a secure and anonymous VPS.

(wave hand) You want to go home and rethink your life.

Video Response:
[https://www.youtube.com/watch?v=G1EkOsY8p_8](https://www.youtube.com/watch?v=G1EkOsY8p_8)

------
chejazi
First, I am not a lawyer, and you should probably consult one if you're
worried.

Second, I would "cease and desist" running that service (as stated in the
letter), be it a torrent proxy or whatever. It's possible for files you
torrent to be traced to you (it's traceable at the ISP level.)

That settlement letter is very curious, although accessing it may constitute a
form of receipt - and be somehow binding.

Talk to a lawyer. Also I'm sure others on the web have been hit with this sort
of thing before.

------
joesmo
It's simple: Since you're not in the US, US law doesn't apply to you.

