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Posted by Technomage Hawke on 09/18/05 08:51
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
Court for the judicial district in which the address is located.
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 to
the expiration of those ten (10) business days, <munged> will reactivate
your account.
For answers to frequently asked questions, please follow the link below:
Sincerely,
<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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