[Linux-aus] MPAA "Worlwide Anti-Piracy"

Tue Sep 21 05:16:02 UTC 2004

Hi all,

We thought this was important to bring to the communities attention.
After you've had a chuckle from the content, please feel free to forward
it to any lists you think would be useful. It is a bit of an upcoming
problem...

http://www.builderau.com.au/program/work/0,39024650,39131060,00.htm

Cheers,
Pia

-----Original Message-----
From: MPAACopyright [mailto:MPAA at copyright.org]
Sent: Tuesday, 14 September 2004 1:10 AM
To: Ace Online Admin
Subject: Case ID 8500651 - Notice of Claimed Infringement

Motion Picture Association
Worldwide Anti-Piracy
15503 Ventura Boulevard
Encino, CA  91436

PHONE: (818) 728 - 8127
Email: MPAA at copyright.org <mailto:MPAA at copyright.org>

September 13, 2004

Name: Jonathan Fowler
ISP: ACE Oneline Pty Ltd

Via Fax/Email

RE: Unauthorized Distribution of Copyrighted Motion Pictures
Protocol: FTP
IP Address: 202.0.185.5
Date of Infringement: 9/11/2004 at 4:56 p.m. EDT (GMT -0400)    

Dear ACE Oneline Pty Ltd:

The Motion Picture Association (MPA) 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 LLLP
Warner Bros. Entertainment Company Inc.

We have received information that you are providing Internet or Usenet
access to the above referenced account holder, or hosting the above
referenced Internet site, which has made available the download or
streaming of copyrighted motion picture(s) including such title(s) as:

TWISTED
GRIND

The distribution of unauthorized copies of copyrighted motion pictures
constitutes copyright infringement under the Copyright Act 1968 ("Act").
We draw your attention to section 101(1) of the Copyright Act 1968 which
provides:

"Subject to this Act, a copyright subsisting by virtue of this Part is
infringed by a person, not being the owner of the copyright and without
the license of the owner of the copyright, does in Australia, or
authorizes the doing in Australia of, any act comprised in the
copyright."

Under sections 115 and 116 of the Act, a person whose rights are
infringed in breach of the Act may seek civil remedies including
(amongst other remedies) an injunction and either damages or an account
of profits.  Additional damages may be imposed by the court where
warranted by the nature of the infringement.  

Additionally, if you fail to take the steps as set out below, you will
be in breach of section 313(1) of the Telecommunications Act 1997 (Cth)
which requires your company to use its best efforts to prevent
telecommunications networks and facilities from being used in the
commission of offenses against Commonwealth laws.  Under section 132(2)
of the Copyright Act, a Commonwealth law, it is an offense knowingly to
make cinematograph films available to be downloaded without the
permission of the owners of the copyright subsisting in those films.  

The Telecommunications Act provides that a corporation may be liable for
a penalty of up to $10 million (AUS) in respect of a breach of section
313(1).  An individual who is knowingly concerned in or party to the
breach may be liable for a penalty of up to $50,000.  We note that under
Act, your company, and its officers, employees and agents, will be
protected from liability damages arising from taking the steps outlined
above if they do so in performance of the obligation imposed by section
313(1).

We request that you immediately do the following:

1) Disable access to this site;
2) Remove this site from your server; and
3) 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, 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, we hereby state, 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 number in the subject line of all email correspondence.

We thank you for your cooperation in this matter.  Your prompt response
is requested. 

Respectfully,

Motion Picture Association

------------------------------
Infringement Detail:
Infringing Work: TWISTED
Filepath: /pub/backports.org/incoming/twisted/
Filename: twisted_1.1.1.orig.tar.gz
First Found: 11 Sep 2004 16:56:16 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:16 EDT (GMT -0400)
Filesize: 7,021k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

Infringing Work: TWISTED
Filepath: /pub/backports.org/incoming/twisted/
Filename: twisted_1.1.1.orig.tar.gz
First Found: 11 Sep 2004 16:56:16 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:16 EDT (GMT -0400)
Filesize: 7,021k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

Infringing Work: GRIND
Filepath: /pub/backports.org/incoming/valgrind/
Filename: valgrind_2.1.0.orig.tar.gz
First Found: 11 Sep 2004 16:56:18 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:18 EDT (GMT -0400)
Filesize: 953k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

Infringing Work: GRIND
Filepath: /pub/backports.org/incoming/valgrind/
Filename: valgrind_2.1.0.orig.tar.gz
First Found: 11 Sep 2004 16:56:18 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:18 EDT (GMT -0400)
Filesize: 953k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

Infringing Work: GRIND
Filepath: /pub/backports.org/incoming/valgrind/
Filename: valgrind_2.1.1.orig.tar.gz
First Found: 11 Sep 2004 16:56:20 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:20 EDT (GMT -0400)
Filesize: 1,171k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

Infringing Work: GRIND
Filepath: /pub/backports.org/incoming/valgrind/
Filename: valgrind_2.1.1.orig.tar.gz
First Found: 11 Sep 2004 16:56:20 EDT (GMT -0400) Last Found: 11 Sep
2004 16:56:20 EDT (GMT -0400)
Filesize: 1,171k
IP Address: 202.0.185.5
IP Port: 21
Network: FTP
Protocol: FTP

-- 
Pia Smith
President of Linux Australia
pia at linux.org.au