Re: Fwd: Question about DMCA "stuff"

[Jim Moore <jhmfa () CIS RIT EDU>]

If I got this, I would

1) Consult my legal counsel.

2) Ask for evidence.  This is an allegation.  You might have liability
if you complied.  You might even ask them for assistance with the legal
defense if the person terminated turns around and sues you ;-)

Jim

Peter Charbonneau wrote:
> I know that this is SLIGHTLY off topic, but ...
>
> We were sent this this morning concerning one of our students that was
> using Direct Connect for file-sharing.  This is the first message I
> have received that is not a cease and desist order for removing the
> offending material - it an account termination request.  I thought that
> all we had to so was have the user stop file-sharing OR have them stop
> sharing the offending material.  Comments?
>
> I am NOT questioning the legality or illegality of file-sharing and
> don't want to start a discussion about that.  Is this company,
> MediaSentry, over the edge?
>
> P
>
> Begin forwarded message:
>
> > > We are writing this letter on behalf of New Line Cinema, a division
> > > of Time Warner Entertainment Company, L.P. ("New Line").
> > >
> > > As you may know, New Line is the holder of rights under copyright,
> > > including exclusive distribution rights, in and to the motion
> > > picture(s) listed above.
> > >
> > > No one is authorized to perform, exhibit, reproduce, transmit, or
> > > otherwise distribute the above-mentioned work(s) without the express
> > > written permission of
> > > New Line, which permission New Line has not granted to 137.165.x.y
> > > (obfuscated).
> > >
> > > 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 through a "peer-to-peer" service.
> > >
> > > 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 New Line, 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 New Line, 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 MediaSentry 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 XXYYZZ (obfuscated).
> > >
> > > Your prompt response is requested.
>
>
> PeteC
>
> Peter Charbonneau
> Sr. Network and Systems Administrator
> Williams College
> (413) 597-3408 (desk)
> (413) 822-2922 (cell)
>
> **********
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--
--
Jim Moore, CISSP, IAM
Information Security Officer
Rochester Institute of Technology
13 Lomb Memorial Drive
Rochester, NY 14623-5603
Telephone: (585)475-5406
Fax:       (585)475-7950

PGP (jimmoore () mail rit edu): 9C33 0328 CD59 B602 82B8 8521 0DC9 963C D0C0

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