02/11/2013 [DMCA] Viacom International Inc. @ U.S. Texas 7 (19679)

sender

on behalf of Viacom International, Inc.

[Private] Santa Clara, CA, 95054, Sent on November 02, 2013

recipient

Proxy.sh

[Private] , , , RE Received on November 02, 2013

Re: 02/11/2013 [DMCA] Viacom International Inc. @ U.S. Texas 7 (19679)

Sent via: Webform

Notice Type:: Dmca

Action taken:: Yes

Body

Dear Sir or Madam: We are contacting you on behalf of Viacom International Inc. (Viacom). Under penalty of perjury, I assert that Vobile Inc., (Vobile) is authorized to act on behalf of the owner of the exclusive copyrights that are alleged to be infringed herein. Vobile has become aware that the below IP addresses have been using your service for distributing video files, which contain infringing video content that is exclusively owned by Viacom. Vobile has a good faith belief that the Viacom video content that is described in the below report has not been authorized for sharing or distribution by the copyright owner, its agent, or the law. I also assert that the information contained in this notice is accurate to the best of our knowledge. We are requesting your immediate assistance in removing and disabling access to the infringing material from your network. We also ask that you ensure the user and/or IP address owner refrains from future use and sharing of Viacom materials and property. In complying with this notice, Hosting Services should not destroy any evidence, which may be relevant in a lawsuit, relating to the infringement alleged, including all associated electronic documents and data relating to the presence of infringing items on your network, which shall be preserved while disabling public access, irrespective of any document retention or corporate policy to the contrary. Please note that this letter is not intended as a full statement of the facts; and does not constitute a waiver of any rights to recover damages, incurred by virtue of any unauthorized or infringing activities, occurring on your network. All such rights, as well as claims for other relief, are expressly reserved. Should you need to contact Viacom regarding this notice they may be reached at the below address. Brad Bo On behalf of Vobile as an agent for Viacom 4699 Old Ironsides Drive, Ste 430 Santa Clara, CA 95054 v: (408) 217-5000 agent@viacom.copyright-notice.com Evidentiary Information: Protocol: BitTorrent Infringed Work: South Park_S7_E702_Krazy Kripples Infringing FileName: South Park Season 7 {Angelus1609} Infringing FileSize: 142839808 Infringer's IP Address: 173.255.138.89 Infringer's Port: 19679 Infringer’s User Name: URL: Initial Infringement Timestamp: 2013-10-06T13:49:55Z Recent Infringement Timestamp: 2013-10-06T13:49:55Z - - ---Start ACNS XML xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd"> Viacom Copyright Agent 1515 Broadway, New York, NY 10036 (408) 217-5000 agent@viacom.copyright-notice.com Hosting Services 2013-10-06T13:49:55Z 173.255.138.89 19679 BitTorrent 1 Yes 2013-10-06T13:49:55Z South Park Season 7 {Angelus1609} 142839808 TV Type="SHA1">F6F3BB8A75BB6CC0EDBB57049E8AAB9D52FA2B8F - - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: Cryptix OpenPGP 0.20050418 iEYEARECAAYFAlJ0qD0ACgkQ6hUjygFmlFrXPACgp142ws6ZnXLD6Gjop1v5PaPW KFsAnRV2NnaNBm+ZKwV8aLwzrAMt/Lew =76Ec -----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 19679 (nothing may identify a single account) and we have blocked port 19679 via Firewall. ***************

Related FAQs

What is "proprietary" material?

"Proprietary" indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties.

Where a party, holds or claims proprietary interests in relation to certain types of property (eg. a creative literary work, or software), that property may also be the subject of intellectual property law (eg. copyright or patents).

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 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)

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17 U.S.C.

What constitutes unlicensed copy and display of copyrighted material?

Unlicensed use or distribution of copyrighted works is illegal and may be considered a criminal act. Copyright law grants the exclusive right to use, copy, distribute, display, and perform a copyrighted work to the owner of the copyright. The owner of the copyright is the only entity that may grant permission for anyone to use, copy, distribute, display and perform the work.

What are the possible penalties for copyright infringement?

Under the Copyright Act, penalties for copyright infringement can include:

an injunction against further infringement -- such as an order preventing the infringer from future copying or distribution of the copyrighted works
impounding or destruction of infringing copies
damages -- either actual damages and the infringer's profits, or statutory damages
costs and attorney's fees

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 defamation?

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

Speech that involves a public figure--such as a corporation--is only defamatory if it is false and said with "actual malice", meaning with knowledge of the statement's falsity or in reckless disregard for the truth. It also must be factual rather than an expression of an opinion. In the United States, because of our strong free speech protections, it is extremely difficult to prove defamation of a public figure.

Truth is an absolute defense to a claim of defamation, but of course, the truth can be difficult and expensive to prove.

Opinions are not defamatory, but the issue is whether a reasonable reader or listener could understand the statement in question as asserting a statement of verifiable fact, not whether it is labeled as "opinion."

Does copyright protect facts?

No. Copyright protects only original expression, not discovered facts. Creative selection and arrangement of facts is protected, but you can take the basic facts and rearrange them without infringing copyright. Thus the publishers of a telephone book cannot sue an online phone book publisher for copyright infringement, even if it took the first publishers considerable effort to collect the listings.

Do I need to register my copyright?

You get copyright automatically when you create a work and "fix" or record it. Registration with the Copyright Office is not a prerequisite, but it can give you additional protection: you can only get statutory damages for infringement of a registered copyright. A U.S. author must also register before filing a copyright lawsuit.

What is the World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose of encouraging creative activity and promoting the protection of intellectual property throughout the world.

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.

Who may hold a copyright?

A copyright ordinarily vests in the creator or creators of a work (known as the author(s)), and is inherited as ordinary property. Copyrights are freely transferrable as property, at the discretion of the owner. 17 U.S.C.

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