09/11/2013 [DMCA] NBC Universal @ U.S. Texas 7 (59930)

sender

Irdeto USA, Inc.; c/o NBC Universal Anti-Piracy Technical Operations

on behalf of NBC Universal

[Private] Universal City, , 91608, Sent on November 09, 2013

recipient

Proxy.sh

[Private] Victoria, , , RE Received on November 09, 2013

Re: 09/11/2013 [DMCA] NBC Universal @ U.S. Texas 7 (59930)

Sent via: webform

Notice Type:: Dmca

Action taken:: Yes

Body

----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Reference ID No. 14-118109019 You are being contacted on behalf of NBC Universal and its affiliates ("NBC Universal") because your Internet account was identified as having been used recently to illegally copy and/or distribute the copyrighted movies and/or television shows listed at the bottom of this letter. This notice provides you with the information you need in order to take immediate action that can prevent serious legal and other consequences. These actions include: 1. Stop downloading or uploading any film or TV shows owned or distributed by NBC Universal without authorization; and 2. Permanently delete from your computer(s) all unauthorized copies you may have already made of these movies and TV shows. The illegal downloading and distribution of copyrighted works are serious offenses that carry with them the risk of substantial monetary damages and, in some cases, criminal prosecution. Copyright infringement also violates your Internet Service Provider's terms of service and could lead to limitation or suspension of your Internet service. An industry website, www.respectcopyrights.org, offers step-by-step instructions to ensure that your Internet account is not being used to violate the copyright laws. The site also can point you to an array of legal choices for enjoying movies and TV shows online. You can also learn there how movie theft damages our economy and costs thousands of Americans their jobs. If, after visiting www.respectcopyrights.org you still have questions, or if you believe you have received this notice in error, you may contact NBC Universal by email at antipiracy@nbcuni.com or by calling (818) 777-4876. Please cite the Reference ID noted at the top of this letter in the subject line of any email or voicemail you may leave. You should take immediate action to prevent your Internet account from being used for illegal activities. Today, there are many ways to enjoy movies and TV programs legally. The undersigned has a good faith belief that use of the NBC Universal Property in the manner described herein is not authorized by NBC Universal, its agent or the law. The information contained in this notification is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBC Universal with respect to this matter. This letter is not a complete statement of NBC Universal's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defense, all of which are expressly reserved. Sincerely, Andrew Beck Irdeto USA, Inc. c/o NBC Universal Anti-Piracy Technical Operations 100 Universal City Plaza Universal City, CA 91608 tel. (818) 777-4876 fax (818) 866-2026 antipiracy@nbcuni.com *pgp public key is available on the key server at http://pgp.mit.edu ** For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.com and refer to Notice ID: 14-118109019. If you need immediate assistance or if you have general questions please call the number listed above. Evidentiary Information Title: Downton Abbey (TV) Infringement Source: BitTorrent Initial Infringement Timestamp: 08 Nov 2013 06:15:09 GMT Recent Infringement Timestamp: 08 Nov 2013 15:40:54 GMT Infringing Filename: Downton.Abbey.4x05.720p.HDTV.x264-FoV.mkv URL if applicable: Infringing File size: 851233010 Infringers IP Address: 173.255.138.89 Bay ID: 5ee53582e90780e5721b7fa38a9dcf2d427f478d|851233010 Port ID: 59930 - - ---Start ACNS XML <?xml version="1.0" encoding="UTF-8"?> <Infringement xmlns="http://www.acns.net/ACNS" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://www.acns.net/ACNS http://www.acns.net/v1.2/ACNS2v1_2.xsd"> <Case> <ID>14-118109019</ID> <Status>Open</Status> </Case> <Complainant> <Entity>Irdeto USA, Inc</Entity> <Contact>Andrew Beck</Contact> <Address>3255-3 Scott Blvd. Suite 101, Santa Clara, California 95054 United States of America</Address> <Phone>408-492-8500,408-727-6743</Phone> <Email>universal-studios@copyright-compliance.com</Email> </Complainant> <Service_Provider> <Entity>Hosting Services, Inc.</Entity> <Email>abuse@uk2group.com</Email> </Service_Provider> <Source> <TimeStamp>2013-11-08T15:40:54.000Z</TimeStamp> <IP_Address>173.255.138.89</IP_Address> <Port>59930</Port> <Type>BitTorrent</Type> <UserName></UserName> <Number_Files>1</Number_Files> <Deja_Vu>No</Deja_Vu> </Source> <Content> <Item> <TimeStamp>2013-11-08T15:40:54.000Z</TimeStamp> <Title>Downton Abbey (TV)</Title> <FileName>Downton.Abbey.4x05.720p.HDTV.x264-FoV.mkv</FileName> <FileSize>851233010</FileSize> <URL></URL> </Item> </Content> </Infringement> - - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.17 (MingW32) iQEcBAEBAgAGBQJSfZVcAAoJED5KS/INTyMo6hcIAKmaBWQH+JQSWy/l2dMflqHK MDFasRjsAf4KKAuECZSNtKFM4xP/Jm8x9Uj3ejQr99vDVSnEWasWr7zkxzBZT+SB rd7La63OVDHBeMfcK4TtCB74hFDLfODdlAUJSDGP3+NzGWgQVjCbV+xI8FTr38kO 8OVryY6zGF9H2UorjwL3btjNvw3BRhmDMAFCXIRRX3ucq1kFrcwBrbTXhesI7xTy BWXXg/rPpxedYMBvQlJ7ziLdjrZ8XbRqYJot0+qkVCSINwWX6D/nc9vxdKAp8luU t5d1jQcbuB1GMcwnz9lS3tCosA5TiUhyT/vyjTm1FNw+h2M3+ruoYCohKE3z8vA= =rnbu -----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 59930 (nothing may identify a single account) and we have blocked port 59930 via Firewall.

Related FAQs

What defenses are there to copyright infringement?

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

What is misappropriation of copyrighted material?

One has misappropriated copyrighted material if he or she has acquired, disclosed, or used the material without the permission/license from the holder of the copyrighted material, where such activities were done through improper means or in breach of an obligation of confidentiality or non-use.

Do plot synopses and reproductions of photographs infringe on copyrights?

A plot synopsis may or may not infringe on a copyright, depending on whether the court finds that the use of original material is fair use. Photographs are protected by the copyright holder's rights to both reproduce and display his work, and this right may be violated by posting those photographs on the Internet.

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

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 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).

How can I find out whether a work has a registered copyright?

Works are copyrighted as soon as they are "fixed in a tangible medium of expression," but some legal rights and remedies are available only if the work's copyright is registered. To find a copyright registration, you may search copyright records at the Copyright Office website, but be aware that not finding a match does not mean the work is uncopyrighted.

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 is copyright protection?

Copyright vests in a creative work - including literary, musical, dramatic, choreographic, pictorial or graphic, audiovisual, or architectural works, or sound recordings, but not in ideas, at the moment the work is fixed in tangible form.

Copyright grants a variety of rights to the owner of a creative work, which means that the work (and the owner of the rights) is protected from others doing those things without the owner's permission.

"Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

What may be copyrighted?

In order to be copyrightable, a work must be

1. fixed in a tangible medium of expression; and
2. original.

Copyrights do not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries: they only protect physical representations. 17 U.S.C.

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 is criminal copyright infringement?

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.

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.

What is "trade dress"?

Trade dress refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. The “look and feel” of a product or its packaging.

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