I received a rather threatening and condescending phone call today... not quite sure how serious this is... but I figured it was serious enough to come to the community and ask for help with it...
Basically there's some porn company out there that somehow decided I "stole" a film I have never heard of... or seen... and uploaded it to a torrent site somehow... even though I personally don't upload new torrents to sites or belong as a member to any torrent sites. They claim to have subpoenaed my ISP for information about me and to have verified that I downloaded the file on February 26th and uploaded it on the 27th.
There are a few problems with their claims... the first being that I have never heard of the company before in my life nor their video. Also i have no account on any file sharing site where I could post a link to a new torrent so I wouldn't be able to upload one if I wanted to. Finally and this is the most damming thing and the real reason I wanted to post for advice here... My ISP provider never received a subpoena (according to them) and has never heard of this company. They did admit that I have some torrent "flags" on my account but they are all for "rifftrax" files which are edited films that are supposed to be only downloaded if the user owns the actual film as well (which I do... I belong to a community that develops "synched" rifftrax... which are films with the enabled audio track already patched over the films original audio.)
Basically the only thing I can really assume is that the company is phishing for people to settle without actually checking with their ISP... however I don't want to rely on that alone since I do have a wireless network... and it is conceivable (however damn unlikely with my monitoring equipment) that someone downloaded a torrent file and uploaded it onto a new site without my knowledge... however... I do not see how I could then be held legally responsible since I have never heard of this company... never seen their film, never benefited financially and they didn't even do what they claimed was legally "correct" with my ISP (and no they did not claim they are "going to" file a subpoena in the future they claimed they already files the subpoena and that's how they got my information.)
One of the most creepy and disturbing aspects of this companies claim is the way in which they decided to contact me, and the way in which they "discussed" matters with me over the phone. They basically degenerated rather quickly when I told them I had never seen their film to threatening me with litigation and then asking rather dark leading questions, leading up to a capper that severely offended me. The man on the phone who referred to himself as "Mike Thorton" then threatened my carer, insinuating that it would not look good for someone "working on a master's degree in teaching arts..." to be associated with a gay porn film. He apparently had old information, as he had no idea whether I graduated, asking whether I had graduated from my university yet or not, and basically attempting to get more information out of me including trying to get a "new email address" out of me since the one my ISP provider "gave" him was one that I do not use.
All told the experience seems fishy, and like the company is attempting to gain money from people trying to make things go away, especially since they tried to threaten my "position", however I am extremely interested in others opinion on this.
6 years, 11 months ago
11 Sep 2011 04:11 CEST