The following DMCA complaint was received by a student living in the dormitories at the University of Michigan. Interestingly enough, the student never had any file sharing programs on their computer or the file itself. Notice the difference between what Warner Bros requested from the University, and what the University requested from the student.
To: xxxx xxxxx xxxxxxxx
From: xxxxxxxxxx, Network Administrator
Date reported: 4/19/04
Re: Digital Millennium Copyright Act Complaint
Incident #: xxxxxxxx
*Note: You must respond to this message _within twenty-four hours_.
*
The University has received a Digital Millennium Copyright Act (DMCA) complaint alleging copyright infringement on your computer and website. I have attached (below) the relevant parts of the complaint, which alleges that you are distributing copyrighted MP3s through a public download server[1] <#_ftn1> or that you are displaying copyrighted images on your website-both in violation the complainant's rights under
U.S copyright law. This is a serious matter.**
Copyright infringement is a direct violation of the Rescomp Conditions of Use policy, the full text of which is here: http://rescomp.umich.edu/Residential.Ethernet/NetGuide/Registration/Conditions.of.Use.php.
You are also subject to the U of M Responsible Use policy:
http://www.umich.edu/~policies/responsible-use.html .
Future DMCA complaints may result in the loss of your account privileges or other sanctions.
Neither the University nor I assume that you have done anything intentionally wrong. Rather, as this is the first DMCA complaint about your computer and website, I hope to help you understand the issues, fix
any problems, and avoid similar complaints in the future.
Because the University has received a DMCA complaint about your computer and website, the University is required to notify you of the complaint and to take one of several actions based on your response. There are four common responses.
*_RESPONSE 1:_** * _I hear back from you within twenty-four hours that
you understand the complaint and that you have rectified the situation._ Then, I will confirm that you have appropriately "fixed the problem" and I will follow up with you to explain how to avoid these problems in the future. If you have not appropriately rectified the situation, I will assist you. (This is the most common response.)
*_RESPONSE 2:_* _I hear back from you within twenty-four hours that you dispute the complaint._ Specifically, you assert that you are making a lawful use of the materials in question or that the complainant has misidentified you. Then, I am required to inform the complainant that you dispute complaint, and I must also apprise the complainant of your identity and contact information. The complainant may elect to pursue this matter via the courts.
*_RESPONSE 3:_* _I hear nothing back from you within twenty-four hours of this message._ Then, I am required to use the most expeditious method to rectify the situation. Ordinarily, I will shut down your account, website, and/or IP address. If this happens I will continue to try to contact you by other means so I can get your site or service up and running again shortly (for which there will be a $25 charge), and I can explain to you in detail about how to avoid these problems in the future.
*_RESPONSE 4:_* _I hear back from you within twenty-four hours that you are confused or have questions._ Then I will work with you to clarify the situation and to explain in detail about how to avoid these problems in the future.
Please contact me as soon as possible */within the next twenty-four
hours/*, so we can put this complaint behind you as quickly as possible.
------------------------------------------------------------------------
[1] <#_ftnref1> NOTE: Information on disabling sharing in most popular
clients is available here: https://security.uchicago.edu/peer-to-peer/no_fileshare.shtml
--Original Complaint--
To: "James L. Hilton"
cc:
From: MediaSentry Copyright Infringement
Date: 04/19/2004 12:28:01 PM
Subject: #xxx-xxxx(xxx.xxx.xxx.xxx)[Case ID xxxxxx - Notice of Claimed
Infringement](jimbo)
Monday, April 19, 2004
University of Michigan - Ann Arbor
503 Thompson Street
3060 Fleming
Ann Arbor, MI 48109-1340 US
RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled Starsky & Hutch
Dear James L. Hilton:
We are writing this letter on behalf of Warner Bros. Entertainment Inc. ("Warner Bros.").
As you may know, Warner Bros. is the holder of rights under copyright, including exclusive distribution rights, in and to the motion picture(s) listed above.
No one is authorized to perform, exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work(s) without the express written permission of Warner Bros., which permission Warner Bros. has not
granted to xxx.xxx.xxx.xxx.
We have received information that an individual has utilized the above-referenced IP address at the noted date and time to offer downloads of the above-mentioned work through a "peer-to-peer" service.
The attached documentation specifies the location on your network where the infringement occurred, the number of repeat violations recorded at this specific location, as well as any available identifying information.
The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
Since you own this IP address, we request that you immediately do the
following:
1) Disable access to the individual who has engaged in the conduct described above; and
2) Terminate any and all accounts that this individual has through you.
On behalf of Warner Bros., owner 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 we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.
Also pursuant to the Digital Millennium Copyright Act, we hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that MediaSentry is authorized to act on behalf
of the owner 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.
We appreciate your assistance and thank you for your cooperation in this matter. In your future correspondence with us, please refer to Case ID xxxxxxx.
Your prompt response is requested.
Respectfully,
Mark Weaver,
Director of Enforcement
MediaSentry, Inc.
(212) 925-9997
------------------------------
Infringement Detail:
Infringing Work: Starsky & Hutch
Filename: Starsky and Hutch 2004.asf
First Found: 19 Apr 2004 12:05:48 EDT (GMT -0400)
Last Found: 19 Apr 2004 12:05:48 EDT (GMT -0400)
Filesize: 220,358k
IP Address: xxx.xxx.xxx.xxx
IP Port: 6346
Network: Morpheus
Protocol: Gnutella
Even if the student had the file, why would Warner Bros waste their resources and those of the University to go after a user who had only one file on their computer? The problem here is that most of these companies have no idea who they are going after and end up making similar mistakes. Based on the response by the University, it is clear that they have recognized this problem and don’t have the same level of concern that the Motion Picture companies do. Are the motion picture companies actually accomplishing anything in this effort? If you were a college student, would complaints such as this stop you from downloading?
Recent Comments