03/12/2013 [DCMA] HOME BOX OFFICE, INC. @ U.S. New Jersey 1 ( 50001)

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[Private] Victoria, , , RE Received on December 03, 2013

Re: 03/12/2013 [DCMA] HOME BOX OFFICE, INC. @ U.S. New Jersey 1 ( 50001)

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Full copy: -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 VIA EMAIL:Notice of Claimed Infringement via Email CASE:134271223 DATE:2013-12-03T02:26:22Z Dear Sir/Madam, We are writing this message on behalf of HOME BOX OFFICE, INC. ("HBO"). We have received information leading us to believe that an individual has utilized the IP address 65.181.120.16 at the noted date and time below to host and/or facilitate the downloading and/or streaming of content (listed below) in which HBO is the copyright owner and/or the owner of exclusive rights in such content (the "HBO Properties"). No one is authorized to exhibit, reproduce, transmit, or otherwise distribute HBO Properties without the express written permission of HBO, and the unauthorized distribution of HBO Properties constitutes copyright infringement. This conduct may also violate the laws of other countries, international law, and/or treaty obligations. The title in question is: Sex and the City As the owner of the IP address, HBO requests that Solar VPS 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 HBO content without authorization; and 2. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement. We have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law. We state, under penalty of perjury, that we are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This letter is not a complete statement of HBO's rights in connection with this matter, and nothing contained herein constitutes an express or implied wavier of any rights or remedies of HBO in connection with this matter, all of which are expressly reserved. 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 quick 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: Sex and the City Timestamp: 2013-12-03T02:26:22Z IP Address: 65.181.120.16 Port: 50001 Type: BitTorrent Torrent Hash: 2a3753e1d5b2af74ae99f15a64923c3880b28d77 Filename: SATC Filesize: 22998 MB - --------------------------------------------------------------------- 134271223 Open Normal Home Box Office, Inc. IP-Echelon - Compliance 6715 Hollywood Blvd Los Angeles CA 90028 United States of America +1 (310) 606 2747 copyright@ip-echelon.com 2013-12-03T02:26:22Z 65.181.120.16 50001 BitTorrent 1 2013-12-03T02:26:22Z Sex and the City SATC 24115661511 2a3753e1d5b2af74ae99f15a64923c3880b28d77 -----BEGIN PGP SIGNATURE----- Version: GnuPG iQEcBAEBAgAGBQJSnVi7AAoJEN5LM3Etqs/WbNsIAJeKdla5pXy6Oq26gfNcvnm9 GSGRxhTk+anenLVsqix+yyO0GxCQR0XEK14v9iOJiWCuYbk1UOtRCwT23LmnYsYV fXAdsBxRSm4S9aqoedR4sRNAQs/wSI1cf2Fr16YlDqcP8/hFGgSInSbwfajAO8Ab b49Kb3j0PbZZmG6lpMxnXpBFdhKn446oHmZP+5rWZhnDyY8npw/Q02/I5br/4axi WrP2692mUUZltTAx7CvD71XcUQhE/vwy2dJo0bShhTU85ttbnrp0lRcK8jM4rH0r SWyPg2bFEqHJFb1f24u30mYtmp8ppNYqvZMOwTwBpUA0mPMcnkAVqAao5SgCyT8= =GNUa -----END PGP SIGNATURE-----

Related FAQs

What is in the public domain?

The public domain refers to materials that are not protected under copyright law. Prior to 1978, a work could fall into the public domain if it was not registered or if it did not have proper notice. After 1978, there was no registration or notice requirement and thus a work would not automatically fall into the public domain.

A work may also fall into the public domain if its copyright expires. Under the 1909 Copyright Act, a work received protection for a 28 year period (works between 1964-1977 receive automatic renewal), with an option to renew the work for an additional 28 years (because of the Copyright Extension Act, a work created before 1978 can have protection for 95 years after publication). For works created after 1978, the copyright holder lasts for the life of the author + 70 years (the copyright holder's heirs retain the intellectual property rights).

So, you should not assume a work is in the public domain. You should first check with the Copyright Office.

What is the Universal Copyright Convention (UCC)?

The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention.

The UCC was developed by United Nations Educational, Scientific and Cultural Organization as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, but still wished to participate in some form of multilateral copyright protection.

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

Are legal documents copyrightable?

Legal documents such as briefs, contracts, and even cease-and-desist letters written by private attorneys (but not by government lawyers) may be protected by copyright like any other material "fixed in a tangible medium of expression." However, greater fair use defenses may be available to those who copy legal documents. For example, it may be uniquely necessary to use the precise language of the document; the document may have little "creative" input; and its copying may not impact the market for legal services.

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.

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 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 defenses are there to copyright infringement?

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

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

Where can I find the text of the U.S. Copyright Act?

The federal Copyright Act may be found at http://www.loc.gov/copyright/title17/.

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 "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 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.

Does the first sale doctrine mean I can re-sell computer software?

Many makers of computer software say that their software is licensed, not sold, because the user breaks a "shrinkwrap license" on the box or clicks through an end-user license agreement ("EULA") before using the software. The legal rights of the end user may then be limited by the licensing terms, provided that the end user has been contractually bound to those terms. EULAs may attempt to prohibit modification, reverse engineering, or resale. Courts are still working out the tensions between software licensing and copyright's first sale and fair use rights.

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.

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03/12/2013 [DCMA] HOME BOX OFFICE, INC. @ U.S. New Jersey 1 ( 50001)

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Re: 03/12/2013 [DCMA] HOME BOX OFFICE, INC. @ U.S. New Jersey 1 ( 50001)

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Copyright claim #1