BayTSP DMCA (Copyright) Complaint to Google

sender

on behalf of Paramount Pictures Corporation

[Private] Los Gatos, CA, 95031, US Sent on February 04, 2011

recipient

Google, Inc. [Wifi]

[Private] Mountain View, CA, 94043, US Received on February 04, 2011

Re: Notice ID: 22-122905685 Notice of Unauthorized Use of Paramount Pictures Corporation

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

Notice ID: 22-122905685 Notice Date: 4 Feb 2011 15:20:31 GMT Google 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 below report. BayTSP has reasonable good faith belief that use of the material in the manner complained of in the below 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 below report. The below 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 unauthorized 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/webreply/webreply.jsp?customerid=22&commhash=53aae109f0d6203d2ffae8370ec80518 For email correspondence, please reference the above Notice ID in the subject line. mailto:[redacted]copyright-compliance.com? subject= RE: Notice ID 22-122905685 Notice of Unauthorized Use of Paramount Pictures Corporation Property 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 below address. Regards, BayTSP Compliance BayTSP, Inc. [redacted] Los Gatos, CA 95031 v: [redacted] f: [redacted] [redacted]copyright-compliance.com *pgp public key is available on the key server at http://pgp.mit.edu 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: 22-122905685 Initial Infringement Timestamp: 4 Feb 2011 15:15:58 GMT Recent Infringement Timestamp: 4 Feb 2011 15:15:58 GMT Infringers IP Address: 74.125.xx.xx Protocol: BitTorrent Infringed Work: The Fighter Infringing File Name: The Fighter 2010 DVDScr H264 AAC-GreatMagician (Kingdom-Release) Infringing File Size: 739139025 Bay ID: 5fc0dfb7ceeb16b500c138e548a57e770aa87e94|739139025 Port ID: 21900 Infringer's DNS Name: Infringer's User Name: - ---Start ACNS XML <?xml version="1.0" encoding="utf-8"?> <Infringement xsi:schemaLocation="http://www.movielabs.com/ACNS http://www.movielabs.com/ACNS/ACNS2v1.xsd" xmlns="http://www.movielabs.com/ACNS" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"> <Case> <ID>22-122905685</ID> <Status>Open</Status> </Case> <Complainant> <Entity>BayTSP, Inc. on behalf of Paramount Pictures</Entity> <Contact>Compliance Manager, Compliance Team</Contact> <Address>P.O. Box 1314, Los Gatos, California 95031 United States of America</Address> <Phone>[redacted],[redacted]</Phone> <Email>[redacted]copyright-compliance.com</Email> </Complainant> <Service_Provider> <Entity>Google</Entity> <Address></Address> <Email>[redacted]google.com</Email> </Service_Provider> <Source> <TimeStamp>2011-02-04T15:15:58.000Z</TimeStamp> <IP_Address>74.125.xx.xx</IP_Address> <Port>21900</Port> <DNS_Name></DNS_Name> <Type>BitTorrent</Type> <UserName></UserName> <Number_Files>1</Number_Files> <Deja_Vu>No</Deja_Vu> </Source> <Content> <Item> <TimeStamp>2011-02-04T15:15:58.000Z</TimeStamp> <Title>The Fighter</Title> <FileName>The Fighter 2010 DVDScr H264 AAC-GreatMagician (Kingdom-Release)</FileName> <FileSize>739139025</FileSize> <URL></URL> </Item> </Content> </Infringement> - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: 8.0 iEYEARECAAYFAk1MGxgACgkQ9Y9NMGKi0WhtyACg2yGOAoI5zNPjqJdphPr7+DmS 23UAoMW/PO7ntSWLvLEYpCFNn1XhhQ1s =LEtl

Related FAQs

Do you have to have a copyright notice or register your copyright in order to send a 512 C&D?

[not yet answered]

What is the difference between 512(c) and (d)?

[not yet answered]

Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?

Section 512(c) does not pertain to instances of trademark infringement. Sub-section (1) states, "a service provider shall not be liable for . . . infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider . . ." (emphasis added). On its face, therefore, 512(c) is not applicable to a situation in which a trademark holder gives notice to an on-line service provider (OSP) that a user is infringing his or her intellectual property rights. However, in the absence of any caselaw on the subject, should a trademark holder bring a claim for contributory infringement, an OSP might be able to mount a valid defense by analogy to section 512(c).

What are the notice and takedown procedures for web sites?

In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.

What can happen to an ISP if it does not take down the requested information?

[not yet answered]

Where do I send a DMCA counter-notification?

If you believe your material was wrongly removed in response to a DMCA notification, and you choose to counter-notify to demand replacement, you should send your counter-notification to the DMCA Agent of the site that removed your page. If the agent isn't listed on the site, you can find a list of DMCA registered agents at the Copyright Office website.

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 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 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 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 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 the "first sale" doctrine?

First sale is a doctrine in copyright law saying the owner of a particular copy of a copyrighted work has the right to sell, lend, or transfer that copy. In other words, the copyright holder's rights over a physical copy of a work end with the "first sale." The doctrine is codified in the Copyright Act, 17 U.S.C. 109.

What are the communication requirements that Section 512 imposes on OSPs, complainants, and alleged infringers?

Each of the parties -- the complainant, the Online Service Provider (OSP), and the alleged infringer -- has the right to communicate with the other parties. In addition, OSPs and complainants are required to engage in certain communications in order to take advantage of the DMCA's notice-and-takedown and safe harbor provisions.

The complainant starts the Sec. 512 process by notifying the Online Service Provider (OSP) or the OSP's agent in writing of a copyright infringement. Section 512(c)(3)(A)(iii) sets out the requirements for notice to OSPs. Under this section, the complainant must specifically identify the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Section 512(d)(3) sets out the procedure for contacting information location tools, such as search engines. Under Sec. 512(d), the complainant must identify the reference or link to the allegedly infringing material, and must provide enough information for the search engine to locate the link.

The complainant is not required to contact the alleged infringer at any time. [§ 512(h)(5).] However, complainants who do wish to contact the infringer, or to file suit on an infringer, may use the Sec. 512(h) subpoena process to require an OSP provide its customers' identifying information to the complainant.

The OSP has two separate sets of communication obligations. First, the OSP is generally required to establish policies regarding copyright infringement and repeat infringers and to inform subscribers and account holders about those policies as well as about the actions taken against repeat infringers. [§ 512(i)(1)(A).] This applies both to Sec. 512(c) ISPs and Sec. 512(d) information location tools.

Second, once an OSP receives a Section 512 takedown notice, it is required to notify its subscriber that it has disabled access to the allegedly infringing material. [§ 512(g)(2)(A).]

A recipient is not required to respond in any way to Sec. 512 notices from OSPs or complainants. However, without a recipient response, the OSP will generally remove or disable access to the material, possibly even disabling an ISP account. To avoid this, the recipient may file a counter-notification with the OSP, denying that the material infringes copyright. [§ 512(g)] If an OSP receives a counter-notification, then the service provider must notify the complainant that it will cease disabling access in 10 business days unless the complainant obtains a court-imposed restraining order. [§ 512(g)(2)(C)]

What is the Digital Millennium Copyright Act?

The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to "circumvent" a technological measure protecting access to or copying of a copyrighted work. Another part gives web hosts and Internet service providers a "safe harbor" from copyright infringement claims if they implement certain notice and takedown procedures.

Does it make a difference if a link is an advertisement or just a link?

[not yet answered]

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BayTSP DMCA (Copyright) Complaint to Google

sender

BayTSP

on behalf of Paramount Pictures Corporation

recipient

Google, Inc. [Wifi]

Re: Notice ID: 22-122905685 Notice of Unauthorized Use of Paramount Pictures Corporation

Body

Copyright claim #1