07/11/2013 [DMCA] Warner Bros. Entertainment Inc. @ U.S. Florida 1 (15751)

sender

on behalf of Warner Bros. Entertainment Inc

[Private] Los Angeles, CA, 90028, US Sent on November 07, 2013

recipient

Proxy.sh

[Private] , , , RE Received on November 07, 2013

Re: 07/11/2013 [DMCA] Warner Bros. Entertainment Inc. @ U.S. Florida 1 (15751)

Sent via: Webform

Notice Type:: Dmca

Action taken:: Yes

Body

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Dear abuse@crissic.net We are writing this message on behalf of Warner Bros. Entertainment Inc.. We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted material. The title in question is: Pacific Rim The distribution of unauthorized copies of copyrighted television programs 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 (162.218.209.183), we request that you immediately do the following: 1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Warner Bros. Entertainment Inc. content without authorization; and 2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement. On behalf of Warner Bros. Entertainment Inc., owner of the exclusive rights in the copyrighted material at issue in this notice, we hereby state that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros. Entertainment Inc., its respective agents, or the law. Also, we hereby state, under penalty of perjury, that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification. We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested. Any further enquiries can be directed to copyright@ip-echelon.com Please include this message with your enquiry to ensure a swift response. Respectfully, Michael Lambert Enforcement Officer IP-Echelon Email: copyright@ip-echelon.com Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States - ------------- Infringement Details ---------------------------------- Title: Pacific Rim Timestamp: 2013-11-05T23:58:17Z IP Address: 162.218.209.183 Port: 15751 Type: BitTorrent Torrent Hash: 4f178d9782845f20714e5d8b5e05ef68a77e54f9 Filename: Pacific Rim (2013) [1080p] Filesize: 1995 MB - --------------------------------------------------------------------- <?xml version="1.0"?> <Infringement xsi:schemaLocation="http://www.acns.net/v1.2/ACNS2v1_2.xsd" xmlns="http://www.acns.net/ACNS" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"> <Case> <ID>131412144</ID> <Status>Open</Status> <Severity>Normal</Severity> </Case> <Complainant> <Entity>Warner Bros. Entertainment Inc.</Entity> <Contact>IP-Echelon - Compliance</Contact> <Address>6715 Hollywood Blvd Los Angeles CA 90028 United States of America</Address> <Phone>+1 (310) 606 2747</Phone> <Email>copyright@ip-echelon.com</Email> </Complainant> <Service_Provider> <Entity></Entity> <Contact/> <Address/> <Phone/> <Email>abuse@crissic.net</Email> </Service_Provider> <Source> <TimeStamp>2013-11-05T23:58:17Z</TimeStamp> <IP_Address>162.218.209.183</IP_Address> <Port>15751</Port> <Type>BitTorrent</Type> <Subtype Basetype="P2P" Protocol="BITTORRENT"/> <UserName/> <Number_Files>1</Number_Files> </Source> <Content> <Item> <TimeStamp>2013-11-05T23:58:17Z</TimeStamp> <Title>Pacific Rim</Title> <FileName>Pacific Rim (2013) [1080p]</FileName> <FileSize>2092613426</FileSize> <InfoHash>4f178d9782845f20714e5d8b5e05ef68a77e54f9</InfoHash> </Item> </Content> <History/> <Notes/> <Type Retraction="false"/> <Verification/> </Infringement> -----BEGIN PGP SIGNATURE----- Version: GnuPG iQEcBAEBAgAGBQJSepsaAAoJEN5LM3Etqs/WphkH/3jwz3HdU8XyI2fmIJfz1SNV TojWBGjRYUf/D/xXTy1Arp/VH+lim3PgftB2IBuwpnjy0tfd2DFl4sH/9tqSaq3E RxkIQtXVHIormqRzB01SdDxti0HaKkV8wt3H7Kftno5ucduBxXXr5UQJT1F1n4xf LroPEx7V6Psu49fZl0UEw7VAN13u+n/5nxTIR9gkKDnlkiphdVmUU/iJMeLmiraz x18zm/C9EwLSDxR5Usb8jl/VwNXH+GesgBWngL/geirBb7CtdFrOwTLwNh2FN2Sn LTPITQAoUT5SSRfPO7KTEVvMykgR7eO/BV03+nDOeLIA0emDUdnCV8ayxTUmTfI= =uOsN -----END PGP SIGNATURE----- ****************** Action that has been taken from Proxy.sh: Because the server is located in a jurisdiction with precise intellectual property laws, we have reset accounts who forwarded port 15751 (nothing may identify a single account) and we have blocked port 15751 via Firewall. ******************

Related FAQs

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

what is criminal prosecution?

A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

Does copyright protect words or short phrases?

No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the  FAQ for more information.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

What is the Berne Convention for the Protection of Literary and Artistic Works?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright, which was first adopted in Berne, Switzerland in 1886. It was developed at the instigation of Victor Hugo, and was thus influenced by the French "right of the author" (droit d'auteur), which contrasts with the Anglo-Saxon concept of "copyright", which has only been concerned with economic protection.

What is a copyright notice?

A copyright notice is placed on copies of a work by the owner in order to inform the public that the owner - an individual or business - holds copyright in the work. The public is then "on notice" that the work is copyrighted and unauthorized copying may infringe the copyright owner's rights.

Generally, a proper copyright notice must contain: 1. The symbol ©, the word “Copyright”, or the abbreviation “Copr.” 2. The year of first publication of the work. 3. The name of the copyright owner, a recognizable abbreviation of the copyright owner's name, or a generally known alternative designation of the owner.

The notice must also be placed on copies of a work so that they give reasonable notice of the claim of copyright.

The legal effect of proper copyright notice is to prevent a defendant in a copyright infringement suit to raise a defense based on innocent infringement. Simply, it prevents a defendant from saying "I had no idea that this work was copyrighted and I should not have to pay damages for willful infringement."

The specific notice provisions are set forth in 17 U.S.C. § 401-406.

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

What is penalty of perjury?

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. The rules for perjury apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official.

What is an exclusive right in intellectual property?

Most governments recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the umbrella term "intellectual property". An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting his or her artistic or creative work. The position is generally similar with patents and trademarks. Exclusive rights arise from a grant of patent or registration of a trademark, while in other cases such rights may arise through use (eg. copyright or common-law trademark).

Holding an intellectual property right generally means that the rights holder can maintain certain controls in relation to the subject matter in which the IP right subsists. For example, a person who buys a copy of a computer program which is subject to copyright may use the software for personal use, but will probably be prohibited from creating or distributing copies of that software, subject to certain exceptions such as fair use or fair dealing, which vary widely from jurisdiction to jurisdiction.

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is a civil lawsuit?

In a civil lawsuit, the victim brings a case for money damages against the offender or a third party for causing physical or emotional injuries. Regardless of the outcome of any criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. The person who starts the lawsuit is called the plaintiff, and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender (or a third party) is responsible for the injuries suffered

In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award. This allows individuals to have access to the civil justice system without the need to finance the case themselves. If the case is not successful, the victim usually pays nothing. In a civil suit, the attorney directly represents the victim.

What constitutes copyright infringement?

Subject to certain 17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

What's wrong with removing a copyright notice?

Section 1202 of the Copyright Act prohbits unauthorized removal or alteration of copyright management information, which might include a copyright notice.

May I freely copy from federal government documents?

Yes. Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain. So are the texts of legal cases and statutes from state or federal government. Private contractors working for the government, however, can license or transfer copyrights to the US government, and those copyrights remain enforceable.

What are statutory damages?

A copyright owner can only sue for infringement on a work whose copyright was registered with the Copyright Office, and can get statutory damages and attorney's fees only if the copyright registration was filed before infringement or within three months of first publication. (17 U.S.C. 411 and 412) (17 U.S.C. 411 and 412)

A copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504). (17 U.S.C. 504)

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