Subject: [8.18.2003 413497] Notice of Copyright Infringement
> 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. 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, 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 subscriberÂ'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
>
> --- The following material was provided to us as evidence ---
>
>
> [Part 0:0 (plain text)]
>
> Friday, August 15, 2003
>
>
> Cox Communications, Inc
> 1400 Lake Hearn Drive, NE
> Atlanta, GA 30319 US
>
>
>
> RE: Unauthorized Distribution of the Copyrighted Motion Picture
Entitled
> Bad Boys II
>
>
> Dear Cox Communications, Inc.:
>
> We are writing this letter on behalf of Columbia Pictures Industries
Inc.,
("Columbia Pictures").
>
> As you may know, Columbia Pictures is the owner of copyright and
exclusive
distribution rights in and to the motion picture entitled Spider-Man.
>
> No one is authorized to perform, exhibit, reproduce, transmit, or
otherwise distribute the above-mentioned work without the express
written
permission of Columbia Pictures, which permission Columbia Pictures has
not
granted to 68.98.252.59.
>
> We have received information that an individual has utilized the
above-referenced IP address at the noted date and time to offer
downloads of
the above-mentioned work via the IRC network.
>
> The attached documentation specifies the location on your network
where
the infringement occurred, the number of repeat violations recorded at
this
specific location, as well as any available identifying information.
>
> 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) Terminate any and all accounts that this individual has through
you.
>
> On behalf of Columbia Pictures, owner 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 Columbia Pictures, its respective
agents,
or the law.
>
> Also pursuant to the Digital Millennium Copyright Act, we hereby
state
that we believe the information in this notification is accurate, and,
under
penalty of perjury, that MediaForce is authorized to act on behalf of
the
owner 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.
>
> We appreciate your assistance and thank you for your cooperation in
this
matter. In your future correspondence with us, please refer to Case ID
917459.
>
> Your prompt response is requested.
>
> Respectfully,
>
> Mark Weaver,
> Director of Enforcement
> MediaForce, Inc.
> (***) ***-****
>
>
> ------------------------------
> Infringement Detail:
> Infringing Work: Bad Boys II
> Filename: - Bad.Boys.2.Cam.CD1
> First Found: 4 Aug 2003 16:11:41 EDT (GMT -0400)
> Last Found: 11 Aug 2003 12:01:42 EDT (GMT -0400)
> Filesize: 623,206k
> IP Address: 68.98.252.59
> IP Port: 4754
> Network: Coolchat
> Protocol: IRC
> Username: [SH]-Abyssyml
>
>
> Infringing Work: Bad Boys II
> Filename: - Bad.Boys.2.Cam.CD2
> First Found: 4 Aug 2003 16:11:51 EDT (GMT -0400)
> Last Found: 10 Aug 2003 22:26:24 EDT (GMT -0400)
> Filesize: 623,206k
> IP Address: 68.98.252.59
> IP Port: 4754
> Network: Coolchat
> Protocol: IRC
> Username: [SH]-Abyssyml
>
>
> Infringing Work: Bad Boys II
> Filename: - Bad.Boys.II.SVCD.TS-Centropy.CD1
> First Found: 7 Aug 2003 14:09:3 EDT (GMT -0400)
> Last Found: 7 Aug 2003 18:45:26 EDT (GMT -0400)
> Filesize: 812,237k
> IP Address: 68.98.252.59
> IP Port: 4754
> Network: Coolchat
> Protocol: IRC
> Username: [SH]-Abyssyml
>
>
> Infringing Work: Bad Boys II
> Filename: - Bad.Boys.II.SVCD.TS-Centropy.CD2
> First Found: 7 Aug 2003 14:09:8 EDT (GMT -0400)
> Last Found: 7 Aug 2003 18:45:54 EDT (GMT -0400)
> Filesize: 812,237k
> IP Address: 68.98.252.59
> IP Port: 4754
> Network: Coolchat
> Protocol: IRC
> Username: [SH]-Abyssyml
>
>
> Infringing Work: Bad Boys II
> Filename: - Bad.Boys.II.SVCD.TS-Centropy.CD3
> First Found: 7 Aug 2003 14:09:15 EDT (GMT -0400)
> Last Found: 7 Aug 2003 18:46:3 EDT (GMT -0400)
> Filesize: 816,538k
> IP Address: 68.98.252.59
> IP Port: 4754
> Network: Coolchat
> Protocol: IRC
> Username: [SH]-Abyssyml
>
>
>
>
>
> [Part 0:1 (x-x509-ca-cert application)] Not displayed
Ok, so wut do you guys think about this shit?
Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
What do you mean? Did you actually have the movie shared? Is the allegation true? Remember, you're distributing an illegal copy of the movie. You don't have many choices.
More importantly, why the hell would you have Bad Boys 2? :)
For real, what are you looking for?
More importantly, why the hell would you have Bad Boys 2? :)
For real, what are you looking for?
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Bad Boys 2 is a bad ass fuckin movie man.. and im just wondering on like wut should I do, could I do and such
-
Kai Shadowbane
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Well, one they made a typo which voided the whole complaint. 2, yeah well they can do that if they catch you sharing on irc, and I know it sucks.
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
I know they put Spider-Man at the top didn't they.. :)
-
Reckless
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
You are pretty much screwed, better hire a good lawyer.
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Loop it through a Canadian web page, or a Canadian FTP that way it becomes an international problem.... (kidding)
remove the shit from IRC, send them back an email stating that you didn't know it was on IRC, that you had friends from Canada down for a few weeks over the summer and it must have been one of the kids that was posting it over IRC. in other words lie through your teeth to get the problem resolved.
If they ask where in Canada your friends are from tell them Spuzzum British Columbia (BC)(yes we have a town called Spuzzum it's very close to Hells Gate) I'll get you an address from some poor slob up there if it comes to that. :)
remove the shit from IRC, send them back an email stating that you didn't know it was on IRC, that you had friends from Canada down for a few weeks over the summer and it must have been one of the kids that was posting it over IRC. in other words lie through your teeth to get the problem resolved.
If they ask where in Canada your friends are from tell them Spuzzum British Columbia (BC)(yes we have a town called Spuzzum it's very close to Hells Gate) I'll get you an address from some poor slob up there if it comes to that. :)
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Originally posted by Kai Shadowbane
Well, one they made a typo which voided the whole complaint. 2, yeah well they can do that if they catch you sharing on irc, and I know it sucks.
Not all (read: almost no) typos actually void a contract/complaint. Only something which isn't illegal can do that (like if they told him he'd have to strip naked in public and apologize. then he could claim the entire complain null and void). Also, this is a cease and desist, essentially. It's not a legal document, it's more a "look, we're giving you a warning" that they kinda have to do. As long as the general meaning of it isnt obscured by the mistake, it's perfectly fine.
And yeah, if you're sharing a movie, why are you getting upset over it? As it says in the notice, remove it. I didn't see that Cox said it would do anything if you did remove it, right? I think that's what they mean, at least....
So remove it, if you haven't. I think that's about all you can do.
Well, one they made a typo which voided the whole complaint. 2, yeah well they can do that if they catch you sharing on irc, and I know it sucks.
Not all (read: almost no) typos actually void a contract/complaint. Only something which isn't illegal can do that (like if they told him he'd have to strip naked in public and apologize. then he could claim the entire complain null and void). Also, this is a cease and desist, essentially. It's not a legal document, it's more a "look, we're giving you a warning" that they kinda have to do. As long as the general meaning of it isnt obscured by the mistake, it's perfectly fine.
And yeah, if you're sharing a movie, why are you getting upset over it? As it says in the notice, remove it. I didn't see that Cox said it would do anything if you did remove it, right? I think that's what they mean, at least....
So remove it, if you haven't. I think that's about all you can do.
-
Kai Shadowbane
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Actually in that case it would void the contract, until they bring up all taht information about Bad Boys 2. Typo = Loophole
Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram
Simply remove all of your connections to IRC and quit downloading/uploading warez for a while. Bite the loss for a little bit, they'll forget after you resolve the situation. I wouldn't run an IRC server any more again though, unless you would like to lose your connection. That's pretty much the worst they will do.