RE: [7.8.2002 44916] Notice of Copyright Infringement]

["Jason Coombs" <jasonc () science org>]

Aloha, Keith.

ARIN contacts have been receiving such notices for some time.

It has nothing to do with downloads, it pertains to the file
sharing allegedly occuring on an IP address that Cox had
assigned to you. If the MPAA can prove in civil court that
your computer, identified by the IP address assigned to it
by Cox, was in fact distributing illegal pirated copies of
the listed movies, they may be able to convince a jury of
your peers (no pun intended) that you owe damages. Typically
such damages are many multiples of each proven copy that you
gave to somebody else, since it is presumed (and research
has been done that supports this presumption) that the people
you gave the files to in turn gave copies to others.

Without a court order or Cox violating your privacy by
disclosing your identity to copyright.org (an act for which
you could sue Cox, potentially) the MPAA has no way to know
your identity. Until you post to a discussion list, of course.

There is no clear boundary between file sharing that creates
civil liability and file sharing that exposes you to criminal
prosecution under Title 17 -- practical reality is that you
aren't going to be contacted by the FBI as a result of the
criminal act you are being accused of by copyright.org. But,
there's no reason for the FBI not to obtain a wiretap
warrant and monitor your Internet usage to find out if you
are a major hub for the distribution of Title 17 violations.

Downloading The Simpsons may not even expose you to civil
liability, since the computer you downloaded it from may in
fact have been authorized under license from the copyright
holder to distribute copies to you. (unlikely, but possible)

You can't be sued by a copyright holder for tuning into a
television station that is broadcasting video without the
proper license. You are even permitted fair use of the
copyrighted video broadcast that includes making a copy
for your own non-commercial use (hit record on your VCR).
Tuning into downloads of television shows or movies for
your own non-commercial use (save to hard disk) is probably
a Title 17/DMCA violation even if it wouldn't otherwise be
if computers weren't involved, but there is no case law (yet)
that even begins to answer this question.

Sincerely,

Jason Coombs
jasonc () science org

-----Original Message-----
From: Keith Tyler [mailto:ktyler () unicornfinancial com]
Sent: Wednesday, July 10, 2002 9:31 AM
To: vuln-dev () securityfocus com
Subject: [7.8.2002 44916] Notice of Copyright Infringement]


I guess the MPA is going to start getting lawsuits against individiuals now.
I get this letter today. Yes your honor, I did download the simpsons but It
was a re-run.

Dear Customer,
> We are writing on behalf of Cox Communications to advise you that we have
received a notification that you are using your Cox High Speed Internet
service to post or transmit material that infringes the copyrights of a
complainant's members.  I have enclosed a copy of the complaint letter.
Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"),
which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox
is required to "act expeditiously to remove, or disable access to" the
infringing material in order to avoid liability for any alleged copyright
infringement.  Accordingly, Cox will suspend your account and disable your
connection to the Internet within 24 hours of your receipt of this email if
the offending material is not removed.
> Please be aware that the DMCA also provides procedures by which a
subscriber accused of copyright violation can respond to the allegations of
infringement and, under certain circumstances, cause his or her account to
be reinstated.  To do so, however, the response must meet certain criteria.
Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the right
to submit to Cox a counter-notification which, to be effective, must include
the following elements:
> (a)   a physical or electronic signature of the subscriber;
> (b)   identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or disabled;
> (c)   a statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
> (d)   the subscriber's name, address, and telephone number and a statement
that the subscriber consents to the jurisdiction of the Federal District
Court for the judicial district in which the address is located.
> In the event that you submit to Cox a counter-notification that includes
these elements, Cox will forward your counter notification to the
complainant and advise them that Cox will cease disabling access to the
allegedly infringing material in ten (10) business days.  Unless the
complainant notifies us that it has filed an action seeking a court order to
restrain you from engaging in the allegedly infringing activity prior to the
expiration of those ten (10) business days, Cox will reactivate your
account.
> Sincerely,
>
> The Cox Abuse Team

> MOTION PICTURE ASSOCIATION OF AMERICA, INC.
> 15503 VENTURA BOULEVARD
> ENCINO, CALIFORNIA 91436
>
> UNITED STATES
> Anti-Piracy Operations
> PHONE: (818) 728 - 8127
> Email: MPAA () copyright org <mailto:MPAA () copyright org>
>
> Monday, July 08, 2002
>
> Name:   abuse () cox net
> E-mail: abuse () cox net
> ISP:    Cox Communications
>
> Via Fax/Email
>
> RE: Unauthorized Distribution of Copyrighted Motion Pictures
> Site/URL: gnutella://xxxxx:6346/ [with IP address: xxxx]
> Reference#: 517703
>
> Date of Infringement: 7/2/2002 4:08:38 AM GMT
>
>
> Dear abuse () cox net:
>
> The Motion Picture Association of America (MPAA) represents the following
m=
> otion picture production and distribution companies:
>
> Columbia Pictures Industries, Inc.
> Disney Enterprises, Inc.
> Metro-Goldwyn-Mayer Studios Inc.
> Paramount Pictures Corporation
> TriStar Pictures, Inc.
> Twentieth Century Fox Film Corporation
> United Artists Pictures, Inc.
> United Artists Corporation
> Universal City Studios, Inc.
> Warner Bros., a Division of Time Warner Entertainment Company, L.P.
>
> We have received information that an individual has utilized the above
refe=
> renced IP address at the noted date and time to offer downloads of
copyrigh=
> ted motion picture(s) through a =E2=80=9Cpeer-to-peer=E2=80=9D service,
inc=
> luding such title(s) as:
>
> Harry Potter And The Sorcerer's Stone
> Jay And Silent Bob Strike Back
> Simpsons, The (TV)
> Windtalkers
>
> The distribution of unauthorized copies of copyrighted motion pictures
cons=
> titutes copyright infringement under the Copyright Act, Title 17 United
Sta=
> tes Code Section 106(3). This conduct may also violate the laws of other
co=
> untries, international law, and/or treaty obligations.
>
> Since you own this IP address, we request that you immediately do the
follo=
> wing:
>
> 1. Disable access to the individual who has engaged in the conduct
describe=
> d above, and;
> 2. Take appropriate action against the account holder under your Abuse
Poli=
> cy/Terms of Service Agreement.
>
> On behalf of the respective owners of the exclusive rights to the
copyright=
> ed material at issue in this notice, we hereby state, pursuant to the
Digit=
> al 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
complain=
> ed of is not authorized by the copyright owners, their respective agents,
o=
> r the law.
>
> Also pursuant to the Digital Millennium Copyright Act, we hereby state,
und=
> er penalty of perjury, under the laws of the State of California and under
=
> the laws of the United States, that the information in this notification
is=
>  accurate and that we are authorized to act on behalf of the owners 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.  Kindly include the above noted Reference #
=
> in the subject line of all email correspondence.
>
> We thank you for your cooperation in this matter.  Your prompt response is
=
> requested.
>
> Respectfully,
>
> Ken Jacobsen
> Senior Vice President and Director
> Worldwide Anti-Piracy
> ------=_Part_38152_15391325.1026155139639
> Content-Type: text/plain; name=case517703-1-gnutella.txt
> Content-Transfer-Encoding: 7bit
> Content-Disposition: attachment; filename=case517703-1-gnutella.txt
>
> Gnutella Incident
>
> Date: 2002-07-02 04:08:38 GMT
> Host: xxxxxxxxx
>
> Index Size   Name
> ----- ------ ---------------------------------------------------
> 11    259 MB (smr)harry_potter-ts(1of2).avi
> 12    196 MB (smr)jay_and_silent_bob_strike_back-wp(2of2).avi
> 13    137 MB ctp - windtalkers - svcd to divx (1of2).avi
> 14     42 MB South park - 603 - Asspen(DivX).avi
> 15     43 MB Southpark_-_504_Super_best_friends(DivX).avi
> 16     52 MB Southpark_-_505_Terrance_and_Garfunkel(DivX).avi
> 17     53 MB South_Park_0413-Trapper_Keeper_(DivX).avi
> 18     94 MB The Simpsons - Crayon Brain (Divx).avi
> -end-
>
> ------=_Part_38152_15391325.1026155139639--