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Re: DMCA Notification Notice ID: 14-25709908

From: "A. Harry Williams" <Harry () MARIST EDU>
Date: Wed, 29 Dec 2010 12:05:58 -0500
On 12/29/2010 9:43 AM, Jacobson, Dick wrote:

And this morning a letter (not a notice) from the same Osama Hussein, Esq.,  from BayTSP  (I thought it was representing MTV 
(the email is from mtvn_p2p_no_reply) but the letter just lists 8 companies(MTV is not one of them) and says "...  one 
of which is the owner of exclusive rights alleged to be infringed herein.)  The email makes no attempt to be a takedown 
notice and, in fact, the body of the letter contains :
--------------------------
Nothing in this letter shall serve as a waiver of any rights or remedies of the Rights Owners with respect to the 
alleged infringement, all of which are expressly reserved.  This notice is without prejudice to the positions that (1) 
17 U.S.C. 512 does not apply and (2) you have an affirmative obligation to prevent or limit infringement of the Rights 
Ownerb

In complying with this notice, North Dakota State University Computer Center should not destroy or spoliate any evidence 
which may be relevant in a lawsuit relating to the infringement alleged herein, including the infringing files and all 
associated electronic documents and data relating to their presence on North Dakota State University Computer Center's 
IP addresses, which shall be preserved while disabling public access, irrespective of any document retention or corporate 
policy to the contrary.
--------------------------

Any thoughts on this one ?  Or does this discussion also need to go to a more private place ?  (Would the ICPL list be 
more appropriate ?)

I have had several  "discussions" with Steve Worona over the years since we started out on directly opposite sides of this issue 
and have watched the "responsible" agents move more to our way of thinking.  Now, however, ....
It might make more sense over on ICPL, since it becomes more policy than true "security" issues, so I'm cc: ICPL too.
My concern is that even though these are not DMCA formatted, they do appear to be something that could trigger e-discovery rules, and there is the issue does this trigger the "Red flag" exemption to the safe harbor provision.
According to http://www.educause.edu/wiki/E-Discovery+Guideline+and+Toolkit the e-discovery clock starts upon "institution is put on notice by a party that litigation is or may be imminent". That second paragraph of theirs seems to imply that litigation is imminent and that you need to save logs for potential e-discovery. It's wording may not be strong/clear enough to make it imminent, but do you want to chance it? IANAL, but that is the issue I would want to discuss with General Counsel, and no matter what you/I think or your/my lawyer thinks, what's most important is what the man/woman in black robes thinks.
again, this is probably ICPL material and follow up discussion should be there. 

/ahw

/ahw

-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of 
Jacobson, Dick
Sent: Tuesday, December 28, 2010 11:16 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908

So my real question is (and remembering that this is a public forum and we do not know who is listening) ... for the 
last several years, our institutions and University System have been operating in good faith in this area.  I am aware 
of the extensive discussions (and opinions) surrounding this issue; but we have chosen to use this as an educational 
opportunity with our students.

However, based on what I am seeing now...
- In at least some cases Universal Studios does not feel it necessary to include the legally required text
- Sony is mailing to my personal address rather than the address registered with the Copyright Office to receive the 
notices
- I have not searched the rest of my notices to see if they are compliant I am beginning to wonder if the message we 
are sending to our students is the opposite of the intended - that you need not comply with law if you are big enough ?

For those copyright holders or agents that may be lurking here - I am not a lawyer and do intend to ask our Counsel for 
guidance before considering any potential changes to our process.

Has anyone else approached this issue ?  If you feel more comfortable contacting me directly please do so at 
Dick.Jacobson () ndus edu.


-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Lorenz, 
Eva
Sent: Tuesday, December 28, 2010 9:15 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908

The DMCA notices that we receive from universal still have the paragraph in it:

"The undersigned has a good faith belief that use of the NBC Universal Property in the manner described herein is not 
authorized by NBC Universal, its agent or the law.  The information contained in this notification is accurate.  Under penalty of 
perjury, the undersigned is authorized to act on behalf of NBC Universal with respect to this matter."

Otherwise, the wording is similar, but it does refer to ISP rather than school and does not mention the effect on 
employment opportunities for graduates.

I scrolled back about 3 months and could not find a notice from the attorney Osama Hussein. My guess, attorneys for 
BayTSP now may be permitted to individualize their notices to their liking and Mr. Hussein may have thought that his 
wording had some benefit.

  - Eva

Eva Lorenz Ph.D., J.D., ITv3F
ITS Security
2800 ITS Manning
211 Manning Dr
CB3420
Chapel Hill NC 27599


-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Michael 
Sinatra
Sent: Monday, December 27, 2010 1:18 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908

What struck me was the name of the attorney, "Osama Hussein."  Kind of interesting, huh?  The only results that come from a very 
basic google search show that "Osama Hussain" (a more common spelling of Hussein, among a very unscientific survey of people I 
have met named Hussain) does appear to be an attorney with BayTSP.  The fact that the name is spelled differently (wrong?) in the DMCA 
notice is a bit fishy to me.
Of course, DMCA notices often have lots of mistakes on them, but it still might be worth following up on this one.

michael

On 12/27/10 09:22, Irish, Adrian L wrote:

Hmmm.  So I scanned back over some of our recent DMCA notices, and only the ones from BayTSP representing Universal 
have the wording that bothers you.  Others during the same time frame, also sent from BayTSP, but for other clients 
(such as Paramount) have the correct wording.

If you've already run this by your legal counsel, and they've given you the green light to ignore these, then congratulations.  
Based on previous decisions, I already know my legal counsel will direct me to process these, even if the wording doesn't exactly pass 
muster under the DMCA.  For what it's worth, all the BayTSP/Universal notices we received were accurate.

Adrian Irish
IT Security Officer
The University of Montana
SS 102
Missoula, MT 59812
(406) 243-6375

adrian.irish () umontana edu

-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick
Sent: Monday, December 27, 2010 9:38 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908

Unless the law has changed ...

It misses many of the bullets required to meet the original law, among them :
b
b
contained in the notification is accurate;b
the right to proceed (because you are the copyright owner or the
ownerb

The letter is written as if the sender has already identified copyright.abuse () ndus nodak edu as the infringer.  This is 
not possible since the address is merely an email alias and can not be used to authenticate to the network for any purpose - 
even to distribute other's materials.

-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Irish, Adrian L
Sent: Monday, December 27, 2010 10:19 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] FW: DMCA Notification Notice ID: 14-25709908

Looks like a typical DMCA notice to me.  What are you seeing that makes you think it's invalid?

Adrian Irish
IT Security Officer
The University of Montana
SS 102
Missoula, MT 59812
(406) 243-6375

adrian.irish () umontana edu


-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick
Sent: Monday, December 27, 2010 7:18 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: [SECURITY] FW: DMCA Notification Notice ID: 14-25709908

Anyone else seeing these ?  Do we have a new player in the copyright notification arena that didn't bother the read the 
law ?

(btw: the address is the alias registered with the FTC.)

My response was to stop sending spam - but I did say please.

-----Original Message-----
From: universal-studios-no-reply () copyright-compliance com
[mailto:universal-studios-no-reply () copyright-compliance com]
Sent: Monday, December 27, 2010 3:37 AM
To: copyright.abuse () ndus nodak edu
Subject: DMCA Notification Notice ID: 14-25709908

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Reference ID No. 14-25709908

You are being contacted on behalf of NBC Universal and its affiliates ("NBC Universal") because your Internet account 
was identified as having been used recently to illegally copy and/or distribute the copyrighted NBC Universal motion picture(s) 
and/or television show(s) listed at the bottom of this letter.  This notice provides you with the information you need in order 
to take immediate action that can prevent serious legal and other consequences.  These actions include:

1.  Stop downloading or uploading any motion pictures or TV shows
owned or distributed by NBC Universal and/or its affiliates without
authorization; and

2.  Permanently delete from your computer(s) all unauthorized copies you may have already made of such films and/or TV 
shows.

The illegal downloading and distribution of copyrighted works are serious offenses that carry the risk of substantial 
monetary damages and, in some cases, criminal prosecution.

Copyright infringement also undoubtedly violates your school's policies governing acceptable use of campus network 
resources and could lead to serious disciplinary action.

A motion picture industry website, www.respectcopyrights.org, offers step-by-step instructions to ensure that your 
Internet account is not being used to violate the copyright laws.  The site also can point you to an array of legal 
choices for enjoying movies and TV shows online.  You can also learn there how movie theft damages our economy and 
costs thousands of Americans their jobs, thereby reducing employment opportunities for new graduates.

If, after visiting www.respectcopyrights.org you still have questions, or if you believe you have received this notice 
in error, you may contact NBC Universal by email at antipiracy () nbcuni com or by calling (818) 777-4876.  Please cite 
the Reference ID noted at the top of this letter in the subject line of your email or in any voicemail you may leave.  
You should take immediate action to prevent your Internet account from being used for illegal activities.  Today, there 
are many ways to enjoy movies and TV programs legally.

This letter is not a complete statement of NBC Universal's rights in connection with this matter, and nothing contained 
herein constitutes an express or implied waiver of any rights, remedies or defense, all of which are expressly reserved.

Sincerely,

Osama Hussein, Esq.
BayTSP inc.
c/o NBC Universal Anti-Piracy Technical Operations
100 Universal City Plaza
Universal City, CA 91608

tel.  (818) 777-4876
fax  (818) 866-2026
antipiracy () nbcuni com


*pgp public key is available on the key server at http://pgp.mit.edu

** For any correspondence regarding this case, please send your emails to antipiracy () nbcuni com and refer to Notice 
ID: 14-25709908.  If you need immediate assistance or if you have general questions please call the number listed above.


Title:  The Office: AAW (TV)
Infringement Source:  BitTorrent
Initial Infringement Timestamp:  23 Dec 2010 02:44:30 GMT Recent
Infringement Timestamp: 23 Dec 2010 02:44:30 GMT Infringing Filename:
The.Office.S07E11E12.HDTV.XviD-LOL.[VTV].avi
Infringing File size:  366729216
Infringers IP Address:  134.129.203.20 Infringers DNS Name:
lab.resnet.und.edu Bay ID:
f41b417a9778030554119d987b725bca41caedbc|366729216
Port ID: 53928

- ---Start ACNS XML
<?xml version="1.0" encoding="utf-8"?>

<Infringement xsi:schemaLocation="http://www.movielabs.com/ACNS http://www.movielabs.com/ACNS/ACNS2v1.xsd"; 
xmlns="http://www.movielabs.com/ACNS"; xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance";>
    <Case>
      <ID>14-25709908</ID>
      <Status>Open</Status>
    </Case>
    <Complainant>
      <Entity>NBC Universal</Entity>
      <Contact>Mark M. Ishikawa, c/o NBC Universal Anti-Piracy Technical Operations</Contact>
      <Address>100 Universal City Plaza, Universal City, California 91608 United States of America</Address>
      <Phone>818-777-4876,818-866-2026</Phone>
      <Email>antipiracy () nbcuni com</Email>
    </Complainant>
    <Service_Provider>
      <Entity>North Dakota State University Computer Center</Entity>
      <Address></Address>
      <Email>copyright.abuse () ndus nodak edu</Email>
    </Service_Provider>
    <Source>
      <TimeStamp>2010-12-23T02:44:30Z</TimeStamp>
      <IP_Address>134.129.203.20</IP_Address>
      <Port>53928</Port>
      <DNS_Name>lab.resnet.und.edu</DNS_Name>
      <Type>BitTorrent</Type>
      <UserName></UserName>
      <Number_Files>1</Number_Files>
      <Deja_Vu>No</Deja_Vu>
    </Source>
    <Content>
      <Item>
        <TimeStamp>2010-12-23T02:44:30Z</TimeStamp>
        <Title>The Office: AAW (TV)</Title>
        <FileName>The.Office.S07E11E12.HDTV.XviD-LOL.[VTV].avi</FileName>
        <FileSize>366729216</FileSize>
        <URL></URL>
      </Item>
    </Content>
</Infringement>
- ---End ACNS XML
-----BEGIN PGP SIGNATURE-----
Version: 8.0

iEYEARECAAYFAk0YXjwACgkQvmTY1IeHkqFU5wCgvE86NrYJ1akEou2yXY9hztoS
3pgAoOxO0JzUfrdL/cHeVEBgumKvcBfF
=5uur
-----END PGP SIGNATURE-----
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