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.
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 subscriberÂ?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
--- Original Message ---
From:
antipiracy1@unistudios.com
Reply-To:
antipiracy1@unistudios.com
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 Cox Communications 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 UniversalÂ?s motion picture(s) listed below is taking place. We believe that the Internet access of the user engaging in this infringement is provided by Cox Communications or a downstream service provider who purchases this connectivity from Cox Communications.
This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act . Depending upon the type of service Cox Communications 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. §512).
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 UniversalÂ?s positions, rights or remedies, legal or equitable, all of which are specifically reserved.
Very truly yours,
Aaron Markham
Manager of Internet Anti-Piracy,
Worldwide Anti-Piracy Operations
VIVENDI UNIVERSAL ENTERTAINMENT
100 Universal City Plaza
Universal City, CA 91608
tel. (818) 777-3111
fax (818) 866-6339
antipiracy@unistudios.com
Title: Love Actually
Infringement Source: BitTorrent
Initial Infringement Timestamp: 2 Dec 2003 16:47:38 GMT
Recent Infringment Timestamp: 2 Dec 2003 16:47:38 GMT
Infringer Username: None
Infringing Filename: Love.Actually.CAM-UTi.Kvcd.mpg
Infringing Filesize: 812296100
Infringers IP Address: 68.1.62.137
Infringers DNS Name: ip68-1-62-137.pn.at.cox.net
Infringing URL: 68.1.62.137:6881/Love.Actually.CAM-UTi.Kvcd.mpg
<?xml version="1.0" encoding="iso-8859-1"?>
<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd">
<Case>
<ID>3459384</ID>
<Status>New</Status>
</Case>
<Complainant>
<Entity>Universal Studios</Entity>
<Contact>Aaron Markham</Contact>
<Address>100 Universal City Plaza (1280/6)</Address>
<Phone>818-777-3111</Phone>
<Email>antipiracy1@unistudios.com</Email>
</Complainant>
<Service_Provider>
<Entity>Cox Communications</Entity>
<Contact></Contact>
<Address>1400 Lake Hearn</Address>
<Email>abuse@cox.net</Email>
</Service_Provider>
<Source>
<TimeStamp>2003-02-12T16:47:38Z</TimeStamp>
<Type>BitTorrent</Type>
<UserName>None</UserName>
<Number_Files>1</Number_Files>
<Deja_Vu>No</Deja_Vu>
</Source>
<Content>
<Item>
<Title>Love Actually</Title>
<FileName>Love.Actually.CAM-UTi.Kvcd.mpg</FileName>
<FileSize>812296100</FileSize>
<URL>68.1.62.137:6881/Love.Actually.CAM-UTi.Kvcd.mpg</URL>
<Type>Video</Type>
</Item>
</Content>
</Infringement>
-----BEGIN PGP SIGNATURE-----
Version: 8.0
-----END PGP SIGNATURE-----
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