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[FYI] (Fwd) FC: MPAA lawyergrams Gnutella user for sharing "The Simp

------- Forwarded message follows -------
Date sent:      	Wed, 10 Jul 2002 17:07:17 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: MPAA lawyergrams Gnutella user for sharing "The Simpsons"
Copies to:      	MPAA@copyright.org
Send reply to:  	declan@well.com


Date: Thu, 11 Jul 2002 03:59:15 +0700
From: Vanja Hrustic <vanja@pobox.com>
To: declan@well.com
Subject: Fw: [7.8.2002 44916] Notice of Copyright Infringement
Message-Id: <20020711035915.29017143.vanja@pobox.com>


Just saw this on vuln-dev mailing list. You might be interested.

The question is if Cox really checks the 'offending' IP and tries to
see if it serves the files, or they just blindly send the mail without

(you might want to remove the original sender's email address - not
sure if he would like it posted to Politech. If someone needs it, they
can look at vuln-dev archives, on SecurityFocus site)

Begin forwarded message:

Date: Wed, 10 Jul 2002 15:30:48 -0400
From: [deleted per suggestion --DBM]
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 >

 > 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 motion 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 > referenced IP address at
 the noted date and time to offer downloads of > copyrighted motion
 picture(s) through a peer-to-peer service, > including 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 > 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. Take appropriate action
 against the account holder under your Abuse > Policy/Terms of Service
 Agreement. > > On behalf of the respective owners 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 the copyright owners, > their respective agents, or the
 law. > > Also pursuant to the Digital Millennium Copyright Act, we
 hereby state, > under 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-- > 

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