This isn't much of a surprise, actually. Groups such as Bookshare and the
publisher to make audio books available to blind. And in the case of a
have to seek the same blessing from the publisher. And in the case of a
they they can publish the book.
...
> Well, I find it rather interesting that a MOVIE company would complain
about
> a file they actually do not hold the rights on. The file in question
> appears to be an AUDIOBOOK, yet they are claiming its one of their works
(A
> MOVIE).
> now. I did send a response back to my ISP regarding this. so far, all I
have
> gotten has been a "canned" response. I also sent a question off to
> Paramount pictures asking them why they are harrassing a blind person over
> an audiobook. I thought they dealt with movies.
> oh well...
> Sounds to me like these guys are trolling all the nets looking for
anything
> that even looks like its theirs, even when it isn't.
> go figure.
> besides, it isn't illegal to share a list of files, is it? it is, after
all,
> a list (and no actual files may exist, even if the list says otherwise).
> TMH
> ***********
> Date: Thu, 15 Sep 2005 17:48:22 -0400
> From: [our favorite abuse dept]
> To:
> CC:
> Subject: [9.15.2005 <munged>] Notice of Copyright Infringement
> Dear Customer,
> We are writing on behalf of <munged> to advise you that we have received a
> notification that you are using your <munged> service to post or transmit
> material that infringes the copyrights of a complainant's members. We
have
> included 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, <munged> 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, <munged> 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 <munged> 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 <munged> a counter-notification that
> includes these elements, <munged> will forward your counter notification
to
> the complainant and advise them that <munged> 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, <munged> will reactivate
> your account.
> For answers to frequently asked questions, please follow the link below:
> Sincerely,
> <munged> Customer Security
> --- Original Message ---
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> Notice ID: 22-3376090
> Notice Date: 15 Sep 2005 21:16:28 GMT
> <munged>
> Dear Sir or Madam:
> BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount
> Pictures Corporation ("Paramount") has authorized BayTSP to act as its
> non-exclusive agent for copyright infringement notification. BayTSP's
> search of the protocol listed below has detected infringements of
> Paramount's copyright interests on your IP addresses as detailed in the
> attached report.
> BayTSP has reasonable good faith belief that use of the material in the
> manner complained of in the attached report is not authorized by
Paramount,
> its agents, or the law. The information provided herein is accurate to the
> best of our knowledge. Therefore, this letter is an official notification
> to effect removal of the detected infringement listed in the attached
> report. The attached documentation specifies the exact location of the
> infringement.
> We hereby request that you immediately remove or block access to the
> infringing material, as specified in the copyright laws, and insure the
> user refrains from using or sharing with others Paramount's materials in
> the future (see, 17 U.S.C. §512).
> Further, we believe 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.
> Please responed indicating the actions you have taken to resolve this
> matter. The provided link has been assigned to this matter <munged>. For
> email correspondence, please reference the above Notice ID in the subject
> line mailto:paramo...@copyright-compliance.com?subject=<munged>.
> Nothing in this letter shall serve as a waiver of any rights or remedies
of
> Paramount with respect to the alleged infringement, all of which are
> expressly reserved. Should you need to contact me, I may be reached at the
> following address:
> Mark Ishikawa
> Chief Executive Officer
> BayTSP, Inc.
> PO Box 1314
> Los Gatos, CA 95031
> v: 408-341-2300
> f: 408-341-2399
> paramo...@copyright-compliance.com
> *pgp public key is available on the key server at ldap://keyserver.pgp.com
> Note: The information transmitted in this Notice is intended only for the
> person or entity to which it is addressed and may contain confidential
> and/or privileged material. Any review, reproduction, retransmission,
> dissemination or other use of, or taking of any action in reliance upon,
> this information by persons or entities other than the intended recipient
> is prohibited. If you received this in error, please contact the sender
> and delete the material from all computers.
> This infringement notice contains an XML tag that can be used to automate
> the processing of this data. If you would like more information on how to
> use this tag please contact BayTSP.
> Evidentiary Information:
> Notice ID: 3376090
> Recent Infringement Timestamp: 15 Sep 2005 09:29:01 GMT
> Infringed Work: Timeline
> Infringing FileName: (AB) - Michael Crichton - Timeline.rar
> Infringing FileSize: 190983098
> Protocol: OpenNap
> Infringing URL:
> Infringers IP Address: <munged>
> Infringer's DNS Name: <munged>
> Infringer's User Name: technomage
> Initial Infringement Timestamp: 15 Sep 2005 09:29:01 GMT
> --
> I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
> numbered!
> My life is my own - No. 6