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,
Cox Customer Security
--- Original Message ---
From: MPAACopyright <MPAA@copyright.org>
To: Cox Communications Inc. <abuse@cox.com>
Date: Sat, 11 Sep 2004 01:51:41 -0400
Subject: Case ID 10890007 - Notice of Claimed Infringement
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MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
UNITED STATES
Anti-Piracy Operations
PHONE: (818) 728 - 8127
Email:
MPAA@copyright.org <mailto:MPAA@copyright.org>
Saturday, September 11, 2004
Name: Cox Communications, Inc.
ISP: Cox Communications, Inc.
Via Fax/Email
RE: Unauthorized Use of Copyrighted Motion Pictures
Reference#: 10890007 (M)
IP Address: 68.101.39.--
Date of Infringement: 10 Sep 2004 15:53:22 EDT (GMT -0400)
Dear Cox Communications, Inc.:
The Motion Picture Association of America (MPAA) 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 Inc.
We have received information that, at the above noted date and time, the IP address 68.101.39.-- was used to offer or to materially contribute to the offering of downloadable or streaming copies of copyrighted motion pictures. The title(s) offered included:
BEING JOHN MALKOVICH
Specifically, we have identified the following material as infringing:
------------------------------
Infringement Detail:
Infringing Work: BEING JOHN MALKOVICH
Filepath: Being John Malkovich [DivX5Pro] [DVDRip] [MLW].ogm(1).torrent/
Filename: Being John Malkovich [DivX5Pro] [DVDRip] [MLW].ogm
First Found: 10 Sep 2004 15:53:21 EDT (GMT -0400)
Last Found: 10 Sep 2004 15:53:22 EDT (GMT -0400)
Filesize: 715,311k
IP Address: 68.101.39.--
IP Port: 6881
Network: BTPeers
Protocol: BitTorrent
We believe this information should prove sufficient for you to locate the material complained about herein; however, please don't hesitate to contact us with any questions or clarification requests you may have.
The unauthorized distribution or public performance of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3)-(4). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
As the owner of this IP address, we request that you immediately do the following:
1. Notify the end user of the infringement(s).
2. Remove or disable access to the material identified above.
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, pursuant to the Digital Millennium Copyright Act, Title 17 United States Code Section 512, that the information in this notification is accurate and 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 pursuant to the Digital Millennium Copyright Act, we hereby state, under penalty of perjury, 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 # 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 of America
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