dmca fun II

2008/05/02 22:33:52

Another day, another DMCA takedown notice.

Received-SPF: neutral (google.com: 64.38.220.5 is neither permitted nor denied by domain of abuse@axxs.net) client-ip=64.38.220.5;
Message-Id: <200805022059.m42KxAq26139@gaia.host4u.net>
Date: Fri, 02 May 2008 16:59:10 -0400
To: bbot@bbot.org
From: abuse <abuse@axxs.net>
Subject: disabled  copper.unitinu.net for copyright Violations
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii"; format=flowed

Hello.

Under the terms and conditions of your hosting agreement with us, 
"Copyright Violations - Violation of copyrights held by individuals 
and corporations or other entities can result in civil and criminal 
liability for the infringer. are prohibited on all servers.
" (See http://www.olm.net/company-info/standard-policies.html ).
  We received the complaint/notification below regarding Copyright 
Violations on copper.unitinu.net/ .
"this is the second copyright violation on this server "As a result 
of our investigation, and we had to disable the server for the time 
being.  Please understand that we had no other choice, because we 
must protect the integrity of our network .

We appreciate your understanding to this matter. If you have any 
further questions, please let me know.

Best regards,
Juany
Spam/Abuse Coordinator
OLM, LLC
http://www.olm.net
e: abuse@axxs.net
v: 1-800-741-6813

>From: universal-studios-no-reply@copyright-compliance.com
>Subject: DMCA Notification Notice ID: 14-16650013
>To: abuse@axxs.net
>Sender: universal-studios-no-reply@copyright-compliance.com
>Reply-To: universal-studios-no-reply@copyright-compliance.com
>Date: Thu, 1 May 2008 21:52:25 -0700
>
>-----BEGIN PGP SIGNED MESSAGE-----
>Hash: SHA1
>
>Re:  Unauthorized Use of NBC Universal Properties
>Notice ID: 14-16650013
>29 Apr 2008 22:40:28 GMT
>
>Dear Sir or Madam:
>
>Please be advised that NBC Universal and/or its subsidiary and 
>affiliated companies (collectively, NBC Universal) are the owners of 
>exclusive rights protected under copyright law and other 
>intellectual property rights in many motion pictures and television 
>programs, including the title(s) listed below (the NBC Universal 
>Properties). NBC Universal diligently enforces its rights in its 
>motion pictures.
>
>It has come to our attention that Olm LLC 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 the NBC Universal Property or 
>Properties listed below, or portion(s) thereof, is taking place.  We 
>believe that the Internet access of the user engaging in this 
>infringement is provided by Olm LLC or a downstream service provider 
>who purchases this connectivity from Olm LLC.
>
>This unauthorized copying and distribution constitutes copyright 
>infringement under Section 106 of the U.S. Copyright Act.  Depending 
>upon the type of service Olm LLC 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, NBC 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 NBC 
>Universal Property or Properties in the manner described herein is 
>not authorized by NBC 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 NBC Universal with respect to this matter.
>
>Please be advised that this letter is not intended to be a complete 
>statement of the facts or law as they may pertain to this matter or 
>of NBC Universal's positions, rights or remedies, legal or 
>equitable, all of which are specifically reserved.
>
>Please send us a prompt response indicating the actions you have 
>taken to resolve this matter, making sure to reference the Notice ID 
>number above in your response.
>
>mailto:antipiracy@nbcuni.com?subject=RE%3A%20DMCA%20Notification%20Notice%20ID%3A%2014%2D16650013
>
>If you do not wish to reply by email, please use our Web Interface by
>clicking on the following link:
>
>http://webreply.baytsp.com/webreply/webreply.jsp?customerid=14&commhash=f6ad821813d9351df3e575c53c83f7ff
>
>Note: If your email program has inserted line breaks into either the
>email or web links above, you can copy and paste the entire link in to
>you email program, or favorite web browser, respectively.
>
>
>Very truly yours,
>
>
>Mark Ishikawa
>c/o NBC Universal Anti-Piracy Technical Operations
>100 Universal City Plaza
>Universal City, CA 91608
>
>tel.  (818) 777-4876
>fax  (818) 866-2026
>antipiracy@nbcuni.com
>
>
>*pgp public key is available on the key server at ldap://keyserver.pgp.com
>** For any correspondence regarding this case, please send your 
>emails to antipiracy@nbcuni.com and refer to Notice ID: 
>14-16650013.  If you need immediate assistance or if you have 
>general questions please call the number listed above.
>Title:  Definitely Maybe
>Infringement Source:  BitTorrent
>Initial Infringement Timestamp:  26 Apr 2008 15:10:02 GMT
>Recent Infringement Timestamp: 26 Apr 2008 15:10:02 GMT
>Infringing Filename:  Definitely, Maybe.Proper.XVid.avi
>Infringing File size:  852286612
>Infringers IP Address:  69.94.127.78
>Infringers DNS Name:
>Infringing URL: http://cyberfun-tracker-001.cyberfun.ro:8080/announce
>
>
>- ---Start ACNS XML
><?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>16650013</ID>
>     <Status>Open</Status>
>   </Case>
>   <Complainant>
>     <Entity>BayTSP, Inc.</Entity>
>     <Contact>Mark M. Ishikawa, c/o NBC Universal Anti-Piracy 
> Technical Operations</Contact>
>     <Address>100 Universal City Plaza, Universal City, California 
> 91608 United States of America</Address>
>     <Phone>818-777-4876,818-866-2026</Phone>
>     <Email>antipiracy@nbcuni.com</Email>
>   </Complainant>
>   <Service_Provider>
>     <Entity>Olm LLC</Entity>
>     <Address></Address>
>     <Email>abuse@axxs.net</Email>
>   </Service_Provider>
>   <Source>
>     <TimeStamp>2008-04-26T15:10:02.000Z</TimeStamp>
>     <IP_Address>69.94.127.78</IP_Address>
>     <Port></Port>
>     <DNS_Name></DNS_Name>
>     <Type>BitTorrent</Type>
>     <UserName></UserName>
>     <Number_Files>1</Number_Files>
>     <Deja_Vu>No</Deja_Vu>
>   </Source>
>   <Content>
>     <Item>
>       <Title>Definitely Maybe</Title>
>       <FileName>Definitely, Maybe.Proper.XVid.avi</FileName>
>       <FileSize>852286612</FileSize>
>       <URL>http://cyberfun-tracker-001.cyberfun.ro:8080/announce</URL>
>     </Item>
>   </Content>
></Infringement>
>- ---End ACNS XML
>-----BEGIN PGP SIGNATURE-----
>Version: 8.0
>
>iD8DBQFIGp4IvmTY1IeHkqERAnvIAJ0WbM0055nefXiOItHfgK/jwwj84wCg0HwT
>3ux1SJqdBrDAJ/YvbNxQ7Ck=
>=E5BT
>-----END PGP SIGNATURE-----

This time, they shut down copper.unitinu.net. Fucking bittorrent users!

So I hit them with a little bit of the old form letter.

Received: by 10.86.99.11 with HTTP; Fri, 2 May 2008 15:25:08 -0700 (PDT)
Message-ID: 
Date: Fri, 2 May 2008 15:25:08 -0700
From: bbot 
To: abuse 
Subject: Re: disabled copper.unitinu.net for copyright Violations
In-Reply-To: <200805022059.m42KxAq26139@gaia.host4u.net>
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: quoted-printable
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References: <200805022059.m42KxAq26139@gaia.host4u.net>
Delivered-To: bbot.filler@gmail.com

Dear OLM.net:

Thank you for forwarding me the notice you received from NBC Universal
regarding "Definitely, Maybe.Proper.XVid.avi". I would like to assure
you that, contrary to the assertions in the notice, 1) I am not
hosting or making available the claimed infringing materials, and 2)
you are already protected by the Digital Millennium Copyright Act's
("DMCA") safe harbor from any liability arising from this complaint.
The notice is incorrect, probably based upon misunderstandings about
law and about some of the software I run.

First, in terms of legal liability, this notice does not create any
risk for you as a service provider. As you know, the DMCA creates four
"safe harbors" for service providers to protect them from copyright
liability for the acts of their users, when the ISPs fulfill certain
requirements. (17 U.S.C. =A7 512) The DMCA's requirements vary depending
on the ISP's role. You may be most familiar with the "notice and
takedown" provisions of DMCA 512(c), but those apply only to content
hosted on your servers, or to linking and caching activity. The
"takedown notice" provisions do not apply when an ISP merely acts as a
conduit. Instead, the "conduit" safe harbor of DMCA 512(a) has
different and less burdensome requirements, as the D.C. Circuit Court
of Appeals held in RIAA v. Verizon (see
http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf)
and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
(see http://www.eff.org/IP/P2P/Charter/033802P.pdf).

Here, any content that came from or through my computers merely passed
through your network, so DMCA 512(a) applies. Under DMCA 512(a), you
are immune from money damages for copyright infringement claims if you
maintain "a policy that provides for termination in appropriate
circumstances of subscribers and account holders of the service
provider's system or network who are repeat infringers." If you have
and implement such a policy, you are free from fear of copyright
damages, period.

As for what makes a reasonable policy, as the law says, it's one that
only terminates subscribers who are repeat infringers. A notice
claiming infringement is not the same as a determination of
infringement. The notification you received is not proof of any
copyright infringement, and it certainly is not proof of the "repeat
infringement" that is required under the law before you need to
terminate my account. I have not infringed any copyrights and do not
intend to do so. Therefore, you continue to be protected under the
DMCA 512(a) safe harbor, without taking any further action.

Additionally, universal-studios-no-reply@copyright-compliance.com has
signed their notice with a PGP signature, and has claimed to have
their public key on file with keysever.pgp.com. They do not, so it is
impossible to actually verify the legitimacy of this email; in
addition to its claims being completely spurious.

You might be curious, though, about what did trigger the notice. The
software that likely triggered the faulty notice is a program I run
called Tor. Tor is network software that helps users to enhance their
privacy, security, and safety online. It does not host or make
available any content. Rather, it is part of a network of nodes on the
Internet that simply pass packets among themselves before sending them
to their destinations, just as any Internet host does. The difference
is that Tor tunnels the connections such that no hop can learn both
the source and destination of the packets, giving users protection
from nefarious snooping on network traffic. Tor protects users against
hazards such as harassment, spam, and identity theft. In fact, initial
development of Tor, including deployment of a public-use Tor network,
was a project of the U.S. Naval Research Laboratory, with funding from
ONR and DARPA. (For more on Tor, see https://www.torproject.org/.) As
an organization committed to protecting the privacy of its customers,
I hope you'll agree that this is a valuable technology.

Thank you for working with me on this matter. As a loyal subscriber, I
appreciate your notifying me of this issue and hope that the complete
protections of DMCA 512 put any concerns you may have at rest. If not,
please contact me with any further questions.

Very truly yours,
Your customer, Samuel Bierwagen

I, of course, prepaid copper six months in advance; so the next step is small-claims court to get my money back. Jerks!

Posted by Samuel Bierwagen | Permanent link | File under: Meta