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Posted by Jason on 09/18/05 14:01
This isn't much of a surprise, actually. Groups such as Bookshare and the
National Library Service for the Blind must seek permission from the
publisher to make audio books available to blind. And in the case of a
private corperation, such as Simon and Schuster, making audio books, they
have to seek the same blessing from the publisher. And in the case of a
movie Paramount may have made, this isn't any different, since any publisher
making a book out of a movie must get permission from the movie maker before
they they can publish the book.
Its unfortunate because most commercially available audio books are
abridged, therefore aren't really worth the money you'd pay for them, and
copying NLS-produced audio books that aren't abridged isn't particularly
easy, since special tape machines are required. In other words, blind people
are pretty much screwed when it comes to putting books on their shelf
compared to sighted people. Alternately, braile isn't a real solution to
this inequity since it's such a bulky medium, highly expensive, not readily
available, and far too easily destroyed compared to standard print books.
Catch 22!
"Technomage Hawke" <technomage-hawke@127.0.0.1> wrote in message
news:KU9Xe.15118$mH.12378@fed1read07...
> Well, I find it rather interesting that a MOVIE company would complain
about
> a file they actually do not hold the rights on. The file in question
> appears to be an AUDIOBOOK, yet they are claiming its one of their works
(A
> MOVIE).
>
> now. I did send a response back to my ISP regarding this. so far, all I
have
> gotten has been a "canned" response. I also sent a question off to
> Paramount pictures asking them why they are harrassing a blind person over
> an audiobook. I thought they dealt with movies.
>
> oh well...
>
> Sounds to me like these guys are trolling all the nets looking for
anything
> that even looks like its theirs, even when it isn't.
>
> go figure.
>
> besides, it isn't illegal to share a list of files, is it? it is, after
all,
> a list (and no actual files may exist, even if the list says otherwise).
>
> TMH
>
> ***********
> Date: Thu, 15 Sep 2005 17:48:22 -0400
> From: [our favorite abuse dept]
> To:
> CC:
> Subject: [9.15.2005 <munged>] Notice of Copyright Infringement
>
> Dear Customer,
>
> We are writing on behalf of <munged> to advise you that we have received a
> notification that you are using your <munged> service to post or transmit
> material that infringes the copyrights of a complainant's members. We
have
> included a copy of the complaint letter. Pursuant to the provisions of
the
> Digital Millennium Copyright Act ("DMCA"), which is codified at 17 U.S.C.
> 512, upon receiving such notification, <munged> is required to "act
> expeditiously to remove, or disable access to" the infringing material in
> order to avoid liability for any alleged copyright infringement.
> Accordingly, <munged> will suspend your account and disable your
connection
> to the Internet within 24 hours of your receipt of this email if the
> offending material is not removed.
>
> Please be aware that the DMCA also provides procedures by which a
subscriber
> accused of copyright violation can respond to the allegations of
> infringement and, under certain circumstances, cause his or her account to
> be reinstated. To do so, however, the response must meet certain
criteria.
> Pursuant to section (g) of the DMCA (17 U.S.C. 512(g)), you have the
> right to submit to <munged> a counter-notification which, to be effective,
> must include the following elements:
>
> (a) a physical or electronic signature of the subscriber;
> (b) identification of the material that has been removed or to which
access
> has been disabled and the location at which the material appeared before
it
> was removed or disabled;
> (c) a statement under penalty of perjury that the subscriber has a
good
> faith belief that the material was removed or disabled as a result of
> mistake or misidentification of the material to be removed or disabled;
> (d) the subscribers name, address, and telephone number and a
statement
> that the subscriber consents to the jurisdiction of the Federal District
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>
> In the event that you submit to <munged> a counter-notification that
> includes these elements, <munged> will forward your counter notification
to
> the complainant and advise them that <munged> will cease disabling access
> to the allegedly infringing material in ten (10) business days. Unless
the
> complainant notifies us that it has filed an action seeking a court order
> to restrain you from engaging in the allegedly infringing activity prior
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> For answers to frequently asked questions, please follow the link below:
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> Sincerely,
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> <munged> Customer Security
>
> --- Original Message ---
>
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Notice ID: 22-3376090
> Notice Date: 15 Sep 2005 21:16:28 GMT
>
> <munged>
>
> Dear Sir or Madam:
>
> BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount
> Pictures Corporation ("Paramount") has authorized BayTSP to act as its
> non-exclusive agent for copyright infringement notification. BayTSP's
> search of the protocol listed below has detected infringements of
> Paramount's copyright interests on your IP addresses as detailed in the
> attached report.
>
> BayTSP has reasonable good faith belief that use of the material in the
> manner complained of in the attached report is not authorized by
Paramount,
> its agents, or the law. The information provided herein is accurate to the
> best of our knowledge. Therefore, this letter is an official notification
> to effect removal of the detected infringement listed in the attached
> report. The attached documentation specifies the exact location of the
> infringement.
>
> We hereby request that you immediately remove or block access to the
> infringing material, as specified in the copyright laws, and insure the
> user refrains from using or sharing with others Paramount's materials in
> the future (see, 17 U.S.C. 512).
>
> Further, we believe that the entire Internet community benefits when these
> matters are resolved cooperatively. We urge you to take immediate action
to
> stop this infringing activity and inform us of the results of your
actions.
> We appreciate your efforts toward this common goal.
>
> Please responed indicating the actions you have taken to resolve this
> matter. The provided link has been assigned to this matter <munged>. For
> email correspondence, please reference the above Notice ID in the subject
> line mailto:paramount@copyright-compliance.com?subject=<munged>.
>
> Nothing in this letter shall serve as a waiver of any rights or remedies
of
> Paramount with respect to the alleged infringement, all of which are
> expressly reserved. Should you need to contact me, I may be reached at the
> following address:
>
> Mark Ishikawa
> Chief Executive Officer
> BayTSP, Inc.
> PO Box 1314
> Los Gatos, CA 95031
>
> v: 408-341-2300
> f: 408-341-2399
> paramount@copyright-compliance.com
>
> *pgp public key is available on the key server at ldap://keyserver.pgp.com
>
> Note: The information transmitted in this Notice is intended only for the
> person or entity to which it is addressed and may contain confidential
> and/or privileged material. Any review, reproduction, retransmission,
> dissemination or other use of, or taking of any action in reliance upon,
> this information by persons or entities other than the intended recipient
> is prohibited. If you received this in error, please contact the sender
> and delete the material from all computers.
>
> This infringement notice contains an XML tag that can be used to automate
> the processing of this data. If you would like more information on how to
> use this tag please contact BayTSP.
> Evidentiary Information:
> Notice ID: 3376090
> Recent Infringement Timestamp: 15 Sep 2005 09:29:01 GMT
> Infringed Work: Timeline
> Infringing FileName: (AB) - Michael Crichton - Timeline.rar
> Infringing FileSize: 190983098
> Protocol: OpenNap
> Infringing URL:
> Infringers IP Address: <munged>
> Infringer's DNS Name: <munged>
> Infringer's User Name: technomage
> Initial Infringement Timestamp: 15 Sep 2005 09:29:01 GMT
>
>
>
>
> --
> I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
> numbered!
> My life is my own - No. 6
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