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Thread: Dang! Should have known...

  1. #1

    Default Dang! Should have known...

    Check this out, this is an email I just got from Cox:



    Quote Originally Posted by Cox
    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. 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, 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.


    It is not permitted to share copyrighted material with anyone even if you purchased the media from an authorized site without expressed written permission from the copyright holder.


    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.


    Please refer to this help article for more information:
    Article: Information: Music File Sharing/Copyright Protection and Cox Communications




    Sincerely,


    Cox Customer Security

    --- Original Message ---

    ??????????/?????????›?????ISP: Cox Communications, Inc.
    IP Address: xx.x.xxx.xxx

    Thursday, July 10, 2008

    Re: Unauthorized Copying and Distribution of Copyrighted Audiovisual Works

    Dear Sir/Madam:

    I am contacting you on behalf of the Motion Picture Association of America (“MPAA”) and one or more of its member companies.

    We submit that the MPAA is authorized to act on behalf of its member companies (the “MPAA Members”) with respect to the matter described in this notice. The MPAA Members own intellectual property rights, including exclusive rights protected under copyright law, in many motion pictures, television programs and other audiovisual works (collectively, the “MPAA Titles”). We believe that your Cox Communications, Inc. Internet account is being used to reproduce and/or distribute copies of one or more MPAA Titles on the Internet, in violation of the MPAA Members’ legal rights. We have set forth at the close of this letter the details concerning this infringement, including the title(s) of the MPAA Title(s) in question, the IP address of your account at the time of the infringement, and the date and time of the infringement. The audiovisual works being offered through your Internet account include the following:

    10,000 B.C.

    The copying and/or distribution of copies of copyrighted audiovisual works without the authorization of the copyright owner constitutes copyright infringement under the U.S. Copyright Act, 17 U.S.C. §§ 106, 501. This conduct may subject you to significant liability, including statutory damages of up to $150,000 per infringed work for willful infringement. Under certain circumstances, copyright infringement can give rise to federal criminal liability, with penalties as high as five years imprisonment plus a $250,000 fine. (See 17 U.S.C. § 506; 18 U.S.C. § 2319.)

    Such infringing activity also constitutes a violation of Cox Communications, Inc.'s Abuse Policy/Terms of Service Agreement, and such breach may give Cox Communications, Inc. the right to terminate your Internet access service. We therefore demand that you immediately:

    1) Cease any unauthorized offering or downloading of the above title(s), and any other film or television titles whose copyright is owned by the MPAA Members, on any peer-to-peer or other internet services; and

    2) Delete from your computer any unauthorized copies of the above title(s), and any other film or television titles owned by the MPAA Members, which you have downloaded from or offered on any peer-to-peer or other internet services.

    You can learn more about piracy by visiting the MPAA’s web site at Motion Picture Association of America. If you have any questions about this notice, you may contact us at:

    Telephone: 818-475-1727
    Email: [email protected]
    Motion Picture Association of America, Inc.
    15301 Ventura Blvd., Building E
    Sherman Oaks, CA 91403
    United States

    Please include the Case ID 520016276 in the subject line of any correspondence.

    This letter is not a complete statement of the Copyright Owners’ rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defenses of the Copyright Owners, all of which are expressly reserved.

    Very truly yours,

    Motion Picture Association of America


    ------------------------------

    INFRINGEMENT DETAIL
    --------------------

    Infringing Work: 10,000 B.C.
    First Found: 28 Jun 2008 04:17:13 EDT (GMT -0400)
    Last Found: 28 Jun 2008 04:17:13 EDT (GMT -0400)
    IP Address: xx.x.xxx.xxx
    IP Port: 50000
    Protocol: BitTorrent
    Torrent InfoHash: 9508EB92BFF2E7432FDCCA9406F1EBD5AA4644BA
    Containing file(s):
    10000 BC[2008][ENG][AC3 5.1][WS][DVDRip]-FLAWL3SS.avi (1,045,882,140 bytes)



    *pgp public key for [email protected] is available on the key server at https://keyserver.pgp.com

    XML Notice

    <?xml version="1.0"?>
    <Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"><Case><ID>520016276</ID><Status>Open</Status><Severity>Normal</Severity></Case><Complainant><Entity>MPAA Search and Notify</Entity><Contact>MPAACopyrightInfringement</Contact><Address/><Phone/><Email>[email protected]</Email></Complainant><Service_Provider><Entity>Cox Communications, Inc.</Entity><Contact>DMCA Agent</Contact><Address>1400 Lake Hearn Drive, NE
    Atlanta, GA 30319 US
    </Address><Phone/><Email/></Service_Provider><Source><TimeStamp>2008-06-28T08:17:13Z</TimeStamp><IP_Address>68.5.121.160</IP_Address><Type>BitTorrent</Type><UserName/><Number_Files>1</Number_Files></Source><Content><Item><Title>10,000 B.C.</Title><InfoHash>9508EB92BFF2E7432FDCCA9406F1EBD5AA 4644BA</InfoHash></Item></Content><History/><Notes/></Infringement>
    ????????????????????›????????????????????????????? ?????????????????????????????????????????????????? ???????????????????????????????????????????????/??????????

    ----PTCP_3e54125f040a0107d8
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    Content-Transfer-Encoding: Quoted-Printable

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    =E0=A8=8D=EF=BB=BFISP: Cox Communications, Inc. =20
    IP Address: 68.5.121.160=20

    Thursday, July 10, 2008=20

    Re: Unauthorized Copying and Distribution of Copyrighted Audiovisual Works=20=


    Dear Sir/Madam:=20

    I am contacting you on behalf of the Motion Picture Association of America=20=
    (=E2=80=9CMPAA=E2=80=9D) and one or more of its member companies.

    We submit that the MPAA is authorized to act on behalf of its member compan=
    ies (the =E2=80=9CMPAA Members=E2=80=9D) with respect to the matter describ=
    ed in this notice. The MPAA Members own intellectual property rights, incl=
    uding exclusive rights protected under copyright law, in many motion pictur=
    es, television programs and other audiovisual works (collectively, the =E2=80=
    =9CMPAA Titles=E2=80=9D). We believe that your Cox Communications, Inc.=20=
    Internet account is being used to reproduce and/or distribute copies of one=
    or more MPAA Titles on the Internet, in violation of the MPAA Members=E2=80=
    =99 legal rights. We have set forth at the close of this letter the detail=
    s concerning this infringement, including the title(s) of the MPAA Title(s)=
    in question, the IP address of your account at the time of the infringemen=
    t, and the date and time of the infringement. The audiovisual works being=20=
    offered through your Internet account include the following:

    10,000 B.C.

    The copying and/or distribution of copies of copyrighted audiovisual works=20=
    without the authorization of the copyright owner constitutes copyright infr=
    ingement under the U.S. Copyright Act, 17 U.S.C. =C2=A7=C2=A7 106, 501. Thi=
    s conduct may subject you to significant liability, including statutory dam=
    ages of up to $150,000 per infringed work for willful infringement. Under=20=
    certain circumstances, copyright infringement can give rise to federal crim=
    inal liability, with penalties as high as five years imprisonment plus a=20=
    $250,000 fine. (See 17 U.S.C. =C2=A7 506; 18 U.S.C. =C2=A7 2319.) =20

    Such infringing activity also constitutes a violation of Cox Communications=
    , Inc.'s Abuse Policy/Terms of Service Agreement, and such breach may give=20=
    Cox Communications, Inc. the right to terminate your Internet access servic=
    e. We therefore demand that you immediately:=20

    1) Cease any unauthorized offering or downloading of the above title(s),=20=
    and any other film or television titles whose copyright is owned by the MPA=
    A Members, on any peer-to-peer or other internet services; and=20

    2) Delete from your computer any unauthorized copies of the above title(s),=
    and any other film or television titles owned by the MPAA Members, which=20=
    you have downloaded from or offered on any peer-to-peer or other internet=20=
    services.=20

    You can learn more about piracy by visiting the MPAA=E2=80=99s web site at=20=
    Motion Picture Association of America. If you have any questions about this notic=
    e, you may contact us at:=20

    Telephone: 818-475-1727=20
    Email: [email protected]
    Motion Picture Association of America, Inc.
    15301 Ventura Blvd., Building E
    Sherman Oaks, CA 91403
    United States=20

    Please include the Case ID 520016276 in the subject line of any corresponde=
    nce.

    This letter is not a complete statement of the Copyright Owners=E2=80=99=20=
    rights in connection with this matter, and nothing contained herein constit=
    utes an express or implied waiver of any rights, remedies or defenses of=20=
    the Copyright Owners, all of which are expressly reserved.=20

    Very truly yours,=20

    Motion Picture Association of America=20


    ------------------------------

    INFRINGEMENT DETAIL
    --------------------

    Infringing Work: 10,000 B.C.
    First Found: 28 Jun 2008 04:17:13 EDT (GMT -0400)
    Last Found: 28 Jun 2008 04:17:13 EDT (GMT -0400)
    IP Address: xx.x.xxx.xxx
    IP Port: 50000
    Protocol: BitTorrent
    Torrent InfoHash: 9508EB92BFF2E7432FDCCA9406F1EBD5AA4644BA
    Containing file(s):
    10000 BC[2008][ENG][AC3 5.1][WS][DVDRip]-FLAWL3SS.avi (1,045,882,140 bytes)=




    *pgp public key for [email protected] is available on the key serve=
    r at https://keyserver.pgp.com=20

    XML Notice

    <?xml version=3D"1.0"?>
    <Infringement xmlns:xsi=3D"http://www.w3.org/2001/XMLSchema-instance"><Case=
    > ><ID>520016276</ID><Status>Open</Status><Severity>Normal</Severity></Case><=
    Complainant><Entity>MPAA Search and Notify</Entity><Contact>MPAACopyrightIn=
    fringement</Contact><Address/><Phone/><Email>[email protected]<=
    /Email></Complainant><Service_Provider><Entity>Cox Communications, Inc.</En=
    tity><Contact>DMCA Agent</Contact><Address>1400 Lake Hearn Drive, NE
    Atlanta, GA 30319 US
    </Address><Phone/><Email/></Service_Provider><Source><TimeStamp>2008-06-28T=
    08:17:13Z</TimeStamp><IP_Address>68.5.121.160</IP_Address><Type>BitTorrent<=
    /Type><UserName/><Number_Files>1</Number_Files></Source><Content><Item><Tit=
    le>10,000 B.C.</Title><InfoHash>9508EB92BFF2E7432FDCCA9406F1EBD5AA 4644BA</I=
    nfoHash></Item></Content><History/><Notes/></Infringement>
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    ----PTCP_3e54125f040a0107d8--

    I knew downloading 10,000 BC was a bad idea just after it was released....damn! Thoughts?

  2. #2

    Default

    Busted, dude. Just, busted. >>;

    Um. Yeah. Bad idea. xDD Sorry for your unluckiness. And on a side note, you live about 45 minutes to an hour away from me.

  3. #3

    Default

    Orange County is a big place, it might be a big more. But the good part is it was pretty much just a cease and desist letter, no consequences. I deleted that movie right after I watched it anyway...

  4. #4

    Default

    Get a good lawyer, just in case... I don't really trust ISPs... Good thing I live in Mexico.

  5. #5

    Default

    Thats unlucky! At least they aren't suspending your account.

  6. #6

    Default

    They're not suspending period. I deleted the file about a month ago

    Edit: Oh wait...that's what you said :P

  7. #7

    Default

    Lol yeah.

    That really is unlucky, depending on how many people download illegally a day.

  8. #8

    Default

    I DLed the pnga ninja movie can't think of wat its called eight now -,-. I love my ISP because they have yet to catch me DLing ANYTHING illegal, and they probably won't, they aren't very good at it I don't believe -.-.

    Besides I've only really downloaded 2 major things, the panda movie, and Reason, and thats it, you could also include tabit, but I doubt they would send a letter or anything for that.

  9. #9
    Peachy

    Default

    If I was you, I'd sue the ISP for collaborating with that MPAA and for compromising your private data (such as your name and address). Your ISP's business is to rent the line to you, not to control what kind of material you down- or upload.
    It's not like your phone company sends you a letter when you make prank calls or call your girlfriend names on the phone.

    Peachy

  10. #10

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