Nintendo, ESA cracking down on torrents?

Posted Jan 24, 2007 at 6:30AM by QJ Staff Listed in: Wii Tags: BitTorrent, ESA, Zelda
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It seemed apt. Taken from http://www.cworange.net/externo/objection.gif - Image 1The Wii Experience website was recently contacted by one of their readers, and he had quite a story to tell. The reader's ISP was apparently contacted by the ESA because they found him downloading Nintendo-related material through torrents.

Now, the reader swears it was an old Zelda cartoon, but you never know. The Virtual Console not only meant the beginning of retro gaming on new consoles, but also ushered in a desire for increased security among companies who wanted to maintain their intellectual property rights and not have their titles played illegally by different folks.

That being said, you really should avoid grabbing pirated games. Read the ESA letter after the jump, and stay on the right side of the law, alright?

Attention: Intellectual Property Enforcement

Telephone: ###-###-####

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


19 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


Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its membersÂ’ 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."


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



 
 
 

Comments

by - 2007-01-24 08:58:00
me too

hey the esa is reall getting on people, i have gotten this letter twice already for psp games. i thought there was something wrong with people spying on what you do on the internet. anyways i'm with gay ass rogers canada so it's very easy to get caught, i have since stopped downloading pirated materials
by - 2007-01-24 09:55:48
..

They are going to TERMINATE him?! Oh my god. Thats terrible.
by - 2007-01-24 16:37:41
very bad

this sucks. How can they justify selling old - OLD games that are done in a few minutes, for 5-10bucks. Honestly.
by - 2007-01-25 00:19:12
If you own it...

Don't you have the right to download the game if you own the original? You are allowed to make backs ups of your games, I think this is no different.
by - 2007-01-25 00:35:04
Heh

No you have the right to back up your copy if you have the materials to do it without reverse engineering any of their proprietarily owned hardware. In otherwards, it is illegal even then.
by - 2007-02-03 20:41:07
ESA

ON JAN 20 THEY GOT ME DOWNLOADING QUAKE 4 thank god they didn't charge me. But I was scared i though i was gonna go to jail for years. Know i know not to do that ***** again. But their has to be a way for them not to get you is their?
by - 2007-02-07 18:24:55
Ya, if your stupid

which I was before I got caught. What they really did was teach me what a VPN was, IP filtering, and programs such as peerguardian and the rest. I download so much stuff Ive had to add multiple 500GB drives to hold it all before I burn to dvd. I got disconnected for getting brainage for NDS but now all is gravy. Thanks for enlightening me nintendo! :)

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