StarDestroyer.Net BBS

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.

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E. Sn0 Hates Lawyers wrote:I have removed the 'tds3setup.exe' file from my computer, and I would like to inform you that the 'tds3setup.exe' file is in fact not Thief, but 'Trojan Defense Suite 3'. Thief is a CD-installed game I believe, which means it's at least six hundred megabytes. This file is only five megabytes, thereby making it impossible for it to contain the named infringing content.

http://www.diamondcs.com.au/tds/downloads/tds3setup.exe

In fact, the file at the above URL and the one on my hard drive are one and and the same. There was no infringement on the ESA's copyrights at any time whatsoever. Thank you.

Mad wrote:You should probably inform ESA of the error, too, since they reported it. They're putting innocent people in jeopardy that way, and that's just wrong.

SPOOFE wrote:That IS due process: Inform the defendant in a civil suit about the possibility of action.

What, you'd prefer for them to just slap a subpoena on 'im? What kind of monster are you?

Hyperion wrote:Also, Einy, what is that file? I just downloaded it for the hell of it, but I'm curious.

Einhander Sn0m4n wrote:That's the file for Trojan Defense Suite 3 (aka TDS3), not Thief.

The Aliens wrote:

Einhander Sn0m4n wrote:That's the file for Trojan Defense Suite 3 (aka TDS3), not Thief.

Idiot.

Shaidar Haran wrote:moved to the proper forum.

MKSheppard wrote:

Shaidar Haran wrote:moved to the proper forum.

Who's this?

Alyeska wrote:So whats happened to Due Process?

Hyperion wrote:No, I'm not kidding. What is it?

Vohu Manah wrote:Yeah, fire back at them notifying them that, under the penalty of perjury, you state that the file is not what the accuser claims it to be. Don't take the file down or change the name, the burden of proof is on them that it is what they claim it to be. What you received is a simple take-down notice, and they can't file unless you don't take the file down, or simply respond that they are wrong.

If they try and sue, you could always countersue, you know what the file is after all. I seriously doubt it will come to that though.

Cox Abuse people wrote:Dear Customer,

Thank you for the reply. Many people are not aware that most file sharing programs place downloaded files into a 'shared' directory that will allow others to see and download these files from them. We understand that you were likely not aware of this. We recommend that users of peer-to-peer networks disable the 'sharing' feature of their client to avoid future DMCA complaints. If the materials listed have been removed then everything necessary has been done. We appreciate your help in resolving this matter. If you have additional questions, please let us know.

Sincerely,

Cox Abuse