From: Cox Abuse Tracking System Add to Addresses Block Sender
Date: Wednesday, April 25, 2007 10:29 AM
To: cpoage@cox.net Add to Addresses
Subject: [4.25.2007 2524677] Notice of Copyright Infringement
Size: 9 KB
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 subscriber�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.
For answers to frequently asked questions, please follow the link below:
http://support.cox.com/sdccommon/asp/contentredirect.asp?sprt_cid=c2a30ae8-d706-
4f6e-beb9-618ea54d1791
Sincerely,
Cox Customer Security
--- Original Message ---
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Notice ID: 22-23903151
Notice Date: 25 Apr 2007 17:17:17 GMT
Cox Communications
Dear Sir or Madam:
BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures
Corporation ("Paramount") has authorized BayTSP to act as its non-exclusive
agent for copyright infringement notification. BayTSP's search of the protocol
listed below has detected infringements of Paramount's copyright interests on
your IP addresses as detailed in the attached report.
BayTSP has reasonable good faith belief that use of the material in the manner
complained of in the attached report is not authorized by Paramount, its agents,
or the law. The information provided herein is accurate to the best of our
knowledge. Therefore, this letter is an official notification to effect removal
of the detected infringement listed in the attached report. The attached
documentation specifies the exact location of the infringement.
We hereby request that you immediately remove or block access to the infringing
material, as specified in the copyright laws, and insure the user refrains from
using or sharing with others Paramount's materials in the future (see, 17 U.S.C.
512).
Further, we believe 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.
Please respond indicating the actions you have taken to resolve this matter. The
provided link has been assigned to this matter http://webreply.baytsp.com/webrep
ly/webreply.jsp?customerid=22&commhash=d5b8ac66d3ead796f74b9e2069b2a190.
For email correspondence, please reference the above Notice ID in the subject
line paramount@copyright-compliance.com?subject=RE%3A%20Notice%20ID%3A%20
22%2D23903151%20Notice%20of%20Unauthorized%20Use%20of%20Paramount%20Pictures%20P
roperty.
Nothing in this letter shall serve as a waiver of any rights or remedies of
Paramount with respect to the alleged infringement, all of which are expressly
reserved. Should you need to contact me, I may be reached at the following
address:
Mark Ishikawa
Chief Executive Officer
BayTSP, Inc.
PO Box 1314
Los Gatos, CA 95031
v: 408-341-2300
f: 408-341-2399
paramount@copyright-compliance.com
*pgp public key is available on the key server at ldap://keyserver.pgp.com
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.
This infringement notice contains an XML tag that can be used to automate the
processing of this data. If you would like more information on how to use this
tag please contact BayTSP.
Evidentiary Information:
Notice ID: 23903151
Recent Infringement Timestamp: 24 Apr 2007 19:37:27 GMT
Infringed Work: Babel
Infringing FileName: Babel[2006]DvDrip[Eng]-aXXo
Infringing FileSize: 945109829
Protocol: BitTorrent
Infringing URL: http://tv.tracker.prq.to:80/announce
Infringers IP Address: 68.3.200.211
Infringer's DNS Name: ip68-3-200-211.ph.ph.cox.net
Infringer's User Name:
Initial Infringement Timestamp: 24 Apr 2007 19:37:27 GMT
- ---Start ACNS XML
23903151OpenBayTSP, Inc. on behalf of Paramount PicturesCompliance Manager, Compliance Team
P.O. Box 1314, Los Gatos, California 95031 United States of
America
(408) 341-2300,(408) 341-2399paramount@copyright-compliance.comCox Communicationsabuse@cox.net2007-04-24T19:37:27.000Z68.3.200.21133288ip68-3-200-211.ph.ph.cox.netBitTorrent1NoBabelBabel[2006]DvDrip[Eng]-aXXo945109829http://tv.tracker.prq.to:80/announce
- ---End ACNS XML
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My Response
From: cpoage@cox.net
Date: Sunday, April 29, 2007 9:49 AM
To: compliance@copyright-compliance.com Add to Addresses
Cc: acydlord@gmail.com Add to Addresses
Subject: Received threatening email.
Size: 2 KB
I was rather surprised to receive a nice threatening email forwarded to my from
your company via my ISP this morning. First of all I would like to introduce
your company to 18 U.S.C. Sec. 1030: Computer Fraud and Abuse Act. If you indeed
did access my computer as you email claims you are in violation of that bill. I
don't think it is very smart for a company to go around bragging about breaking
federal laws to use heavy handed fear tactics to terrorize united states
citizens. Last time I checked that was also against the United States RICO act.
I have already contacted my attourney and the EFF about your comprimising of my
personal computer systems. I would also like to set the record straight that I
have not downloaded any copyrighted material as you claim, with no evidence I
would like to point out. Yes I was watching a movie on my computer recently, The
Pianist. I own the DVD and the DVD was in my DVD-ROM tray. I know you'll
probably try to say "oh, but you use p2p software." I will go ahead and clear
that up for you now. I am a web developer and opensource software developer. Bit
Torrent is the most efficient way to download software packages and new linux
distrobutions. I am sorry if your company wants to play internet mafia and aide
the MPAA and RIAA in their crusade to extort thousands of innocent people, but
if you continue to harass me I will be forced to take matters further, and by
the way I do have evidence, since your company so nicely sent an email with a
confession of breaking in to my private computer network.
Yours Truly,
Christopher Poage