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DMCA Violation?

  • From: Christopher J. Wolff
  • Date: Thu May 08 09:31:40 2003

Hello,

Has anyone seen a copy of the following email?  Furthermore, has it been
determined which ISP services create a legal or equitable liability for
the ISP?  God help us if providing transport to an FTP site counts as
one of the offending services.  I guess it's time to turn on NBAR at the
edge routers.

This is clearly Big Brother at it's finest and a prime example of John
Stuart Mill's "Tyranny of the Majority."  I apply Mill's logic here
because I doubt that the anti-DMCA crowd is packing the halls of
Congress with the rabid fervor that the pro-DMCA crowd has.  I hope that
this is not the case!

Respectfully yours,
Christopher Wolff, CIO
Broadband Labs

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Re:  Unauthorized Use of Universal Motion Pictures
Notice ID: 123456
5/7/2003

Dear Sir or Madam:

Universal City Studios Productions LLLP and its affiliated companies
(collectively, "Universal") are the exclusive owners of copyrights in
many motion pictures, including the motion pictures listed below.

It has come to our attention that <<ISP Name>> is the service provider
for the IP address listed below, from which unauthorized copying and
distribution (downloading, uploading, file serving, file "swapping" or
other similar activities) of Universalís motion picture(s) listed below
is taking place.  We believe that the Internet access of the user
engaging in this infringement is provided by <<ISP Name>> or a
downstream service provider who purchases this connectivity from <<ISP
Name>>.  

This unauthorized copying and distribution constitutes copyright
infringement under Section 106 of the U.S. Copyright Act .  Depending
upon the type of service <<ISP Name>> is providing to this IP address,
it may have legal and/or equitable liability if it does not
expeditiously remove or disable access to the motion picture(s) listed
below, or if it fails to implement a policy that provides for
termination of subscribers who are repeat infringers (see, 17 U.S.C.
ß512).

Despite the above, Universal believes that the entire Internet community
benefits when these matters are resolved cooperatively. We urge you to
take immediate action to stop this infringing activity and inform us of
the results of your actions. We appreciate your efforts toward this
common goal.

The undersigned has a good faith belief that use of the motion pictures
in the manner described herein is not authorized by 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 Universal with respect to this matter.

Please be advised that this letter is not and is not intended to be a
complete statement of the facts or law as they may pertain to this
matter or of Universalís positions, rights or remedies, legal or
equitable, all of which are specifically reserved.  

Very truly yours,
<<Snipped>>