[Politech logo]

Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.

MPAA lawyergrams Gnutella user for sharing "The Simpsons"




---

Date: Thu, 11 Jul 2002 03:59:15 +0700
From: Vanja Hrustic <vanja@pobox.com>
To: declan@well.com
Subject: Fw: [7.8.2002 44916] Notice of Copyright Infringement
Message-Id: <20020711035915.29017143.vanja@pobox.com>

Declan,

Just saw this on vuln-dev mailing list. You might be interested.

The question is if Cox really checks the 'offending' IP and tries to see
if it serves the files, or they just blindly send the mail without
checking?

(you might want to remove the original sender's email address - not sure
if he would like it posted to Politech. If someone needs it, they can look
at vuln-dev archives, on SecurityFocus site)


Begin forwarded message:

Date: Wed, 10 Jul 2002 15:30:48 -0400
From: [deleted per suggestion --DBM]
To: vuln-dev@securityfocus.com
Subject: [7.8.2002 44916] Notice of Copyright Infringement]


I guess the MPA is going to start getting lawsuits against individiuals
now.

I get this letter today. Yes your honor, I did download the simpsons but
It was a re-run.

 > Dear Customer,
 >
 > We are writing on behalf of Cox Communications to advise you that we
 > have received a notification that you are using your Cox High Speed
 > Internet service to post or transmit material that infringes the
 > copyrights of a complainant's members.  I have enclosed 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, Cox 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, Cox 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 Cox 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 subscriber's 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 Cox a counter-notification that includes
 > these elements, Cox will forward your counter notification to the
 > complainant and advise them that Cox 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, Cox will
 > reactivate your account.
 >
 > Sincerely,
 >
 > The Cox Abuse Team
 >

 >
 > MOTION PICTURE ASSOCIATION OF AMERICA, INC.
 > 15503 VENTURA BOULEVARD
 > ENCINO, CALIFORNIA 91436
 >
 > UNITED STATES
 > Anti-Piracy Operations
 > PHONE: (818) 728 - 8127
 > Email: MPAA@copyright.org <mailto:MPAA@copyright.org>
 >
 > Monday, July 08, 2002
 >
 > Name:   abuse@cox.net
 > E-mail: abuse@cox.net
 > ISP:    Cox Communications
 >
 > Via Fax/Email
 >
 > RE: Unauthorized Distribution of Copyrighted Motion Pictures
 > Site/URL: gnutella://xxxxx:6346/ [with IP address: xxxx]
 > Reference#: 517703
 >
 > Date of Infringement: 7/2/2002 4:08:38 AM GMT
 >
 >
 > Dear abuse@cox.net:
 >
 > The Motion Picture Association of America (MPAA) represents the
 > following motion picture production and distribution companies:
 >
 > Columbia Pictures Industries, Inc.
 > Disney Enterprises, Inc.
 > Metro-Goldwyn-Mayer Studios Inc.
 > Paramount Pictures Corporation
 > TriStar Pictures, Inc.
 > Twentieth Century Fox Film Corporation
 > United Artists Pictures, Inc.
 > United Artists Corporation
 > Universal City Studios, Inc.
 > Warner Bros., a Division of Time Warner Entertainment Company, L.P.
 >
 > We have received information that an individual has utilized the above
 > referenced IP address at the noted date and time to offer downloads of
 > copyrighted motion picture(s) through a peer-to-peer service,
 > including such title(s) as:
 >
 > Harry Potter And The Sorcerer's Stone
 > Jay And Silent Bob Strike Back
 > Simpsons, The (TV)
 > Windtalkers
 >
 > The distribution of unauthorized copies of copyrighted motion pictures
 > constitutes copyright infringement under the Copyright Act, Title 17
 > United States Code Section 106(3). This conduct may also violate the
 > laws of other countries, international law, and/or treaty obligations.
 >
 > Since you own this IP address, we request that you immediately do the
 > following:
 >
 > 1. Disable access to the individual who has engaged in the conduct
 > described above, and;
 > 2. Take appropriate action against the account holder under your Abuse
 > Policy/Terms of Service Agreement.
 >
 > On behalf of the respective owners of the exclusive rights to the
 > copyrighted material at issue in this notice, we hereby state, pursuant
 > to the Digital Millennium Copyright Act, Title 17 United States Code
 > Section 512, that we have a good faith belief that use of the material
 > in the manner complained of is not authorized by the copyright owners,
 > their respective agents, or the law.
 >
 > Also pursuant to the Digital Millennium Copyright Act, we hereby state,
 > under penalty of perjury, under the laws of the State of California and
 > under the laws of the United States, that the information in this
 > notification is accurate and that we are authorized to act on behalf of
 > the owners of the exclusive rights being infringed as set forth in this
 > notification.
 >
 > Please contact us at the above listed address or by replying to this
 > email should you have any questions.  Kindly include the above noted
 > Reference # in the subject line of all email correspondence.
 >
 > We thank you for your cooperation in this matter.  Your prompt response
 > is requested.
 >
 > Respectfully,
 >
 > Ken Jacobsen
 > Senior Vice President and Director
 > Worldwide Anti-Piracy
 > ------=_Part_38152_15391325.1026155139639
 > Content-Type: text/plain; name=case517703-1-gnutella.txt
 > Content-Transfer-Encoding: 7bit
 > Content-Disposition: attachment; filename=case517703-1-gnutella.txt
 >
 > Gnutella Incident
 >
 > Date: 2002-07-02 04:08:38 GMT
 > Host: xxxxxxxxx
 >
 > Index Size   Name
 > ----- ------ ---------------------------------------------------
 > 11    259 MB (smr)harry_potter-ts(1of2).avi
 > 12    196 MB (smr)jay_and_silent_bob_strike_back-wp(2of2).avi
 > 13    137 MB ctp - windtalkers - svcd to divx (1of2).avi
 > 14     42 MB South park - 603 - Asspen(DivX).avi
 > 15     43 MB Southpark_-_504_Super_best_friends(DivX).avi
 > 16     52 MB Southpark_-_505_Terrance_and_Garfunkel(DivX).avi
 > 17     53 MB South_Park_0413-Trapper_Keeper_(DivX).avi
 > 18     94 MB The Simpsons - Crayon Brain (Divx).avi
 > -end-
 >
 > ------=_Part_38152_15391325.1026155139639--
 > 




-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/
-------------------------------------------------------------------------
Like Politech? Make a donation here: http://www.politechbot.com/donate/
-------------------------------------------------------------------------




Enter your email address to join Politech, Declan McCullagh's moderated technology and politics announcement list:

Return to politechbot.com