Educause Security Discussion mailing list archives

Re: DMCA Notification Notice ID: 14-25709908


From: Michael Sinatra <michael () RANCID BERKELEY EDU>
Date: Mon, 27 Dec 2010 10:17:53 -0800

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 :
• State that you are complaining in “good faith;”
• State that, “under penalty of perjury, that the information contained in the notification is accurate;” and • State 
that you have the right to proceed (because you are the copyright owner or the owner’s agent)

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
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