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Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 2:29 am
by The Ghost
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?

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 2:42 am
by apathy
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?

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 2:44 am
by The Ghost
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

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 3:05 am
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.

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 3:14 am
by The Ghost
I know they put Spider-Man at the top didn't they.. :)

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 4:19 am
by Reckless
You are pretty much screwed, better hire a good lawyer.

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 4:44 am
by Pantharen
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. :)

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 6:44 am
by apathy
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.

Re: Subject: [8.18.2003 413497] Notice of Copyright Infringement Cox Nasty Gram

Posted: Tue Aug 19, 2003 7:10 am
by Kai Shadowbane
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

Posted: Tue Aug 19, 2003 8:14 am
by Speed
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.