rance420 Posted September 27, 2008 Report Share Posted September 27, 2008 --- On Sat, 9/27/08, abuse@charter..net <firstname.lastname@example.org> wrote: From: email@example.com <firstname.lastname@example.org> Subject: [9.27.2008 3193484] Notice of Copyright Infringement To: email@example.com Date: Saturday, September 27, 2008, 11:16 AM Dear Internet Access Subscriber: Charter Communications ("Charter") has been notified by a copyright owner that your Internet account has been involved in the exchange of unauthorized copies of copyrighted material (music, movies, or software). We are enclosing a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder. It is possible that this activity has occurred without your permission or knowledge by an unauthorized user, a minor who may not fully understand the copyright laws, or even as a result of a computer virus. However, as a Charter Internet account owner, you can be held liable for this activity. As a personal computer owner and a user of the Internet, we ask that you be aware of the following: Violations of federal Copyright law can result in civil and/or criminal liability, including payment of monetary damages, costs and attorneys' fees to the copyright owner. See 17 U.S.C. §§ 504-506. In addition, Charter's Acceptable Use Policy explicitly prohibits copyright infringement by Charter High-Speed Internet users. Specifically, Section 3 states: NO COPYRIGHT OR TRADEMARK INFRINGEMENT Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Charter assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes. Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Charter if they believe that a Charter customer has infringed the copyright owner's work(s). If Charter receives a notice from a copyright owner alleging any Customer has committed copyright infringement, Charter will notify the Customer of the alleged infringement.. Charter may determine that Customer is a repeat copyright infringer if Charter learns that Customer has engaged in online copyright infringement on more than one occasion. Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers. We ask that you take immediate action to remove the infringing material from your computer and stop its exchange. If Charter continues to receive DMCA notices regarding your account, or if you violate any other clause of Charter's Acceptable Use Policy, we will have no choice but to terminate your account. You may view Charter's rules and policies at http://www.charter.com/site/policies.aspx. If you need assistance in removing the referenced infringing material, please refer to the Security Center at http://www.charter.com. If you have any questions about this matter, please contact us at 1-866-229-7286. Representatives will be available to take your call Monday through Friday 8am - 8pm, and Saturday and Sunday 8am - 5pm (CST). Sincerely, Charter High-Speed Internet Security Team http://security.charter.com --- The following material was provided to us as evidence --- -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Entertainment Software Association 575 7th Street, NW, Suite 300 Washington, DC 20004 USA Attention: Intellectual Property Enforcement Telephone: 202-223-2400 E-mail: mailto:firstname.lastname@example.org?subject=RE%3A%20Notice%20ID%3A%20182%2D56766210%20ESA%20USA%20Notice 21 Sep 2008 20:54:39 GMT ISP: Charter Communications ESA Reference Number: 182-56766210 IP Address: 22.214.171.124 Date of Infringement: 20 Sep 2008 08:45:29 GMT Dear Charter Communications: The Entertainment Software Association ("ESA") is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet (hereinafter collectively referred to as "ESA members"). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein. ESA is providing this notice pursuant to the Section 512 of Title 17 of the U.S. Code (as enacted by the 'Online Copyright Infringement Liability Limitation Act') to make Charter Communications aware that the IP Address identified below is using the services and systems of Charter Communications to infringe the exclusive copyright and other rights of one or more ESA members. This notice is addressed to you as the agent designated by Charter Communications to receive notifications of claimed infringement. Based on the information at its disposal on 20 Sep 2008 08:45:29 GMT, ESA has a good faith belief that the subscriber using the IP address 126.96.36.199 is infringing the copyright rights of one or more ESA members by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services), in violation of applicable copyright laws, through internet access that Charter Communications provides directly to the 188.8.131.52 or through a downstream provider that purchases this access for 184.108.40.206. The copyrighted works that have been infringed include but are not limited to: Title: Splinter Cell Infringement Source: BitTorrent Infringement Timestamp: 20 Sep 2008 08:45:29 GMT Infringement Last Documented: 20 Sep 2008 08:45:29 GMT Infringer Username: Infringing Filename: [PC] Tom Clancy's Splinter Cell Double Agent [RIP] [dopeman] Infringing Filesize: 2115156581 Infringer IP Address: 220.127.116.11 Infringer DNS Name: Infringing URL: http://vip.tracker.thepiratebay.org:80/announce The unauthorized copies of game product are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork. Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities are hereinafter referred to as "Infringing Material." Given this infringing activity by 18.104.22.168, the ESA urges Charter Communications to cooperate with its efforts to protect the intellectual property rights of its members companies and immediately do the following: 1. Notify the account holder of the Infringing Material. 2. Take steps to stop the infringing activity. 3. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement, including termination of repeat offenders under Section 512(i) of Title 17 of the U.S. Code. ESA believes that the information in this notification is accurate. Under penalty of perjury, I hereby affirm that ESA is authorized to act on behalf of ESA members whose exclusive copyright rights we believe to be infringed as described herein. Charter Communications or the account holder may contact ESA at the above-listed contact details, with email preferred. Please include the above-noted Reference Number in the subject line of all email correspondence. Thank you for your cooperation and prompt response in this matter. Sincerely, Intellectual Property Enforcement Entertainment Software Association - ---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>56766210</ID> <Status>Open</Status> </Case> <Complainant> <Entity>Entertainment Software Association</Entity> <Contact>Anti-Piracy Enforcement, Intellectual Property Enforcement Manager</Contact> <Address>575 7th Street, NW Suite 300, Washington, D. C. 20004 United States of America</Address> <Phone>1(202) 223-2400,1(202) 223-2401</Phone> <Email>email@example.com</Email> </Complainant> <Service_Provider> <Entity>Charter Communications</Entity> <Address></Address> <Email>DMCA@charter.net</Email> </Service_Provider> <Source> <TimeStamp>2008-09-20T08:45:29.000Z</TimeStamp> <IP_Address>22.214.171.124</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>Splinter Cell</Title> <FileName>[PC] Tom Clancy's Splinter Cell Double Agent [RIP] [dopeman]</FileName> <FileSize>2115156581</FileSize> <URL>http://vip.tracker.thepiratebay.org:80/announce</URL> </Item> </Content> </Infringement> - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: 8.0 iD8DBQFI1s/vnpZYuFoQ/uwRAlt1AJ99yF2dqMO3HgnC66ON3HjNA8bZRwCfQfEh LLrfSzlolswWtZKgyT2LISM= =a0Wz -----END PGP SIGNATURE----- Link to comment Share on other sites More sharing options...
This topic is now archived and is closed to further replies.