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
--- The following material was provided to us as evidence ---
[Part 0:0 (plain text)]
Friday, August 08, 2003
Cox Communications, Inc
RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
Terminator 3: Rise of the Machines
Dear Cox Communications, Inc.:
We are writing this letter on behalf of Warner Bros. Entertainment Inc.
("Warner Bros.").
As you may know, Warner Bros. is the holder of rights under copyright,
including exclusive distribution rights, in and to the motion picture(s) listed
above.
No one is authorized to perform, exhibit, reproduce, transmit, or otherwise
distribute the above-mentioned work(s) without the express written permission
of Warner Bros., which permission Warner Bros. has not granted to 68.5.209.51.
We have received information that an individual has utilized the above-
referenced IP address at the noted date and time to offer downloads of the
above-mentioned work through a "peer-to-peer" service.
The attached documentation specifies the location on your network where the
infringement occurred, the number of repeat violations recorded at this
specific location, as well as any available identifying information.
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) Terminate any and all accounts that this individual has through you.
On behalf of Warner Bros., owner 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 Warner Bros., its respective agents, or the law.
Also pursuant to the Digital Millennium Copyright Act, we hereby state that we
believe the information in this notification is accurate, and, under penalty of
perjury, that MediaForce is authorized to act on behalf of the owner 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.
We appreciate your assistance and thank you for your cooperation in this
matter. In your future correspondence with us, please refer to Case ID
895902.
Your prompt response is requested.
------------------------------
Infringement Detail:
Infringing Work: Terminator 3: Rise of the Machines
Filename: T3.Rise Of The Machines.DVD Screener.Pre-Release.ShareReactor.DVL.avi
First Found: 30 Jul 2003 10:30:52 EDT (GMT -0400)
Last Found: 30 Jul 2003 10:34:30 EDT (GMT -0400)
Filesize: 717,192k
IP Address: xx.xx.xxx.xx.xx
IP Port: xxxx
Network: KaZaA
Protocol: FastTrack
Username: laxballa@KaZaA
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