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MPAA Begins to Hunt
Cox customers get warnings
by Karl Bode 09:14AM Thursday Jul 11 2002
In accordance with the Film and Music Industy's new strategy of targeting individual users, it appears that Cox communications is sending out warnings to users trading files over Gnutella at the behest of the MPAA (Something Sony Music has been known to do). The warning lists which files the user has downloaded, as well as the date of the offense and the IP address of the offender. There is no indication as to whether or not Cox actually confirms the information before sending the letter. Originally spotted at the Politechbot mailing list, we reprint the letter below.

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 whichaccess 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

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-


113 comments .. click to read

Recommended comments




awax

join:2000-09-25
Fayetteville, AR

2 recommendations

They have been doing this for a while

at my previous job I was Director of Technical Services for a ISP with about 30,000 subscribers. We received emails like this alot and I would read the ip (to see if it was one of my personal ones) and click delete, as we had no way to prove that it was legit nor did we care.



rgoulet

join:2000-10-27
Pittsburgh, PA

2 recommendations

reply to NGOwner

Re: Here is how to stop the madness

As a consumer I don't really care what the issues are for the distributors. No consumer should. That said, even if we take a realistic (rather than an apologetic) look at the issue from the RIAA/MPAA perspective it is still not about piracy.

Imagine you run Sony Records. Do you care that several thousands of people may not buy your records because they downloaded the only 2 or 3 good songs from them over the net? Probably not. You know that you have no way of attaching any real dollar value to this activity so you have no idea how much it affects your bottom line. So you try to make an estimate. How many of these pirates never would have bought the CD in the first place? Prolly a lot. How many would have simply taped the CD they checked out of the library (you can get CDs from your public library for free) or borrowed from a friend? Prolly quite a few. How many more people bought the CD cause they previewed the tunes online and really like them. Prolly a good number. Then you look at your books and see how much money you are making. Things are fine, and you don't loose a minute of sleep over piracy (maybe you find a way to jack the price per CD up by .50 to cover most of the imagined losses).

But here is what you do loose sleep over: these new technologies, offering better distribution methods (remember, that's the only value you and your tiny band of greedy oligarchs offer) and real value to consumers look like they could really threaten your happy monopolistic cartel. Ouch, now that does cause you some worry. You might actually encounter real market forces, and have to actually work, innovate, and contribute real value. So the real issue, even from the RIAA/MPAA perspective, is “protect our monopoly,” and not “stop evil pirates from victimizing the poor hard-working artists).

Piracy is merely a clever smoke screen. Every one (even the pirates) knows that theft is bad and that we should not steal. And so, as a record exec or lawyer all you need to do is frame the issue in terms of theft and piracy and no one can really argue with you. HOWEVER, the issue is NOT one of piracy. For the consumers (us) it is one of distribution and product value, and for the RIAA/MPAA (them) it is one of desperately protecting their carefully assembled monopolies.

Theirs in an anti-democratic, anti-freemarket pursuit, no amount of rhetoric will justify or obscure this fact, and they must be stopped. So bring on more of your apologist rhetoric—let’s have at it.



rgoulet

join:2000-10-27
Pittsburgh, PA

3 recommendations

Stop buy cds. Stop visiting Blockbuster. Stop going to the theatre. Stop watching baseball and buying the stuff (okay a little off topic but this whole all-star game is just another symptom of the same greedy-neo-soviet-corporate arrogance).

Every thing we buy from these people provides them with the cash they use to beat us down a little further. Buy nothing from them. Watch them throw their little tantrums. Continue to buy nothing from them. Watch them slowly fall from their high-rises to the street.

This whole issue is not about piracy. The only value the members of the RIAA/MPAA provide customers is their distribution method. We consumer are telling them that with broadband their distribution method is outdated and provides no value to us. So we switch to an alternative (the only alternative) that does provide us value.

In a true free market this is exactly what is supposed to happen to keep the whole system healthy. But armed with lawyers, billions of dollars and a few bought-and-paid-for politicos, the RIAA/MPAA is perverting and distorting the very system that allows everything to work in the first place.

Well the system does still work, and if we stop buying from them they won't have the resources to continue these kinds of fascist programs.