Re: Fwd: Question about DMCA "stuff"

[Dick Jacobson <Dick.Jacobson () NDSU NODAK EDU>]

On Tue, 4 Nov 2003, Peter Charbonneau wrote:

I would say over zealous .. not necesarily over the edge.

I have gotten these before and simply treated it as any other notice of
copyright infringement (I did run it by the Campus Counsel the first
time).  Deal with the individual/computer and respond saying the offending
materials have been removed.

I have had no Copyright holder or agent question it.

After all, the goal is to remove the risk generated by the infringement
and educate the individual.

> 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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Dick Jacobson                   e-mail : Dick.Jacobson () ndsu NoDak edu
ND HECN MultiUser Host SysAd    office : IACC 206, NDSU
NDUS IT Security Officer        phone  : 701-231-7385
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