Re: DMCA Notification Notice ID: 14-25709908

["Lorenz, Eva" <evalorenz () UNC EDU>]

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 :
> • 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
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