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: DMCA <DMCA@theEsa.com>
To: Cox Communications Inc. <abuse@cox.com>
Date: Fri, 30 Jul 2004 19:13:13 -0400
Subject: Case ID 4341174 - Notice of Claimed Infringement
[Part 0:0 (plain text)]
Entertainment Software Association
1211 Connecticut Avenue, N.W.
Washington, DC 20036 USA
Attention: Piracy Enforcement - DMCA Officer
Telephone: 202-223-2400
Fax: 202-223-2401
E-mail: dmca@theesa.com
July 30, 2004
Dear Cox Communications, Inc.,
I am an authorized representative of the Entertainment Software Association ("ESA"), which represents the intellectual property interests of twenty-four (24) companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet.
ESA is providing this letter of notification pursuant to the Digital Millennium Copyright Act and 17 USC Sec. 512 (c) to make Cox Communications, Inc. aware of material on its network or system that infringes the exclusive copyright rights of one or more ESA members. This notice is addressed to you as the agent designated by Cox Communications, Inc. to receive notifications of claimed infringement, as so reflected in the current records of the U.S. Copyright Office. Under penalty of perjury, we hereby affirm that the ESA is authorized to act on behalf of the ESA members whose exclusive copyright rights we believe to be infringed as described herein.
ESA has a good faith belief that the Internet site found at 68.11.105.237 continues to infringe the rights of one or more ESA members by offering for download one or more unauthorized copies of one or more game products protected by copyright, including, but not limited to:
Thief: Deadly Shadows
The unauthorized copies of such game product appearing on, or made available through, such site are listed and/or identified thereon by their titles, variations thereof, or depictions of associated artwork (any such game titles, copies, listings and/or other depictions of, or references to, any contents of such game product, are hereinafter referred to as "Infringing Material"). Based on the information at its disposal on 7/25/2004 at 1:51 a.m. EDT (GMT -0400), ESA believes that the statements in this Notice are accurate and correctly describe the infringing nature and status of the Infringing Material.
Accordingly, ESA hereby requests Cox Communications, Inc. to immediately remove or disable access to the Infringing Material at the URL address identified above.
Should you have questions, please contact the ESA at the above listed mailing address or by replying to this email. Please also include the above noted Reference Number in the subject line of all email correspondence.
We thank you for your cooperation in this matter. Your prompt response is appreciated.
Regards,
Robert L. Hunter, IV
Entertainment Software Association
------------------------------
Infringement Detail:
Infringing Work: Thief: Deadly Shadows
Filepath: uploaded shit goes here\
Filename: tds3setup.exe
First Found: 25 Jul 2004 01:51:21 EDT (GMT -0400)
Last Found: 25 Jul 2004 01:51:21 EDT (GMT -0400)
Filesize: 5,124k
IP Address: 68.11.105.237
Network: DirectConnect
Protocol: DirectConnect
Username: dannydale_31337
Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.
[Part 0:1 (octet-stream application)] Not displayed
Idiots. That's the file for Trojan Defense Suite 3 (aka TDS3), not Thief.
Any recommendations for course of action?
You're kidding right?
