Titan Media Pumped-Up over digital distribution

sender

on behalf of Titan Media, Inc.

[Private] San Francisco, CA, 94110, US Sent on June 26, 2003

recipient

DSLExtreme Subscriber

[Private] San Francisco, CA, 94112, US Received on June 26, 2003

Re: abuse

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

Dear Customer, You are receiving this notification because we have received complaints which have originated from your DSL line. The complaints refer to copyright infringement activity originating from your network. We suggest taking your computer of off your network until the problem is resolved. This is the only warning you will receive from us and a period of 24 hours has been set so you can take appropriate action. If a second complaint is received after the 24 hour period, your account may be temporarily suspended. Thank you for your cooperation, Abuse Department DSL Extreme 800-774-3379 ### Complaint ### Notice ID: From: [Private], General Counsel, Titan Media, Inc. Date: 25 Jun 2003 19:26:39 GMT Re: Cease and Desist and Notice of DMCA Claim of Infringement Request for Removal of AudioVisual Files from your Webserver/s or network. Request for denial of service to the account of the infringing user All of the above listed entities and hosting companies are hereby given notice valid under both the DMCA copyright infringement notification requirements and 17 U.S.C section 512. I am the designated agent of the owner of the copyrights of the images and audio/visual works listed below. I believe that the images and audio/visual works listed at the times cited below were used by the user listed below and identified by the infringing IP address below in a manner that was not authorized by the owner of the copyrights, its agent or the law. Verified and documented infringments have been traced to URLs and/or IP Address's controlled by your company are listed below. We demand that upon receipt of this notification of claimed infringement you expeditiously remove, or disable access to, the below claimed infringing material/s and any other Titan Media property residing on your network/system. I certify under penalty of perjury that I have a good faith belief that the information contained in this notification is accurate to the best of my knowledge and that I am authorized to act on behalf of the owner of the aforementioned copyright protected materials. Please advise me when the offending images have been removed or access has been blocked so that we may re-inspect the IP for compliance. When responding to this communication, please retain the Subject Notice ID number in the Subject field. The acts of copyright infringment commited by this account are Federal offenses and ones that should not be taken lightly. You may receive a subpoena requiring you to supply us with the name and other identifing information for this subscriber and are therefore requested to retain all files and documents necessary to recover that data. This letter does not consistitue an exhaustive statement of TITAN Media's legal position nor is it a waiver of any of our rights and/or remedies in this or any other matter, all of which are expressly reserved. Your immediate attention to this matter is expected and appreciated. Sincerely, [Private] General Counsel, TITAN Media Inc. San Francisco, CA 94110 Notice ID: Infringing Files that must be removed and/or blocked from access are: Title: Pumped-Up Infringement Source: eDonkey Infringement Timestamp: 25 Jun 2003 01:37:27 GMT Infringer Username: None Infringing Filename: Gay-Titan-Pumped_Up-B-rip-Divx-Complete.avi Infringing Filesize: 855474176 Infringer IP Address: [private] Infringer DNS Name: [private] Infringing URL: ed2k://[private]:4662/Gay-Titan-Pumped_Up-B-rip-Divx-Complete.avi

Related FAQs

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 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

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).

Aren't I allowed to make a backup copy of my software?

Yes, but only for specifically authorized archival purposes, as specified in 17 U.S.C. sec. 117(2). This does not authorize sharing or selling of backup copies. The rule allows transfer to another person only with the explicit authorization of the copyright owner and only if the original copy is transferred. Backups for individual use and those considered "an essential step" in using the software with an individual's computer are also authorized.

I didn

No. Copyright infringement actions do not require that you actually knew that the files were protected by copyright or that your use of the files violated federal law. Claims of ignorance cannot be used as a defense to direct copyright infringement, Lack of knowledge, is, however, a defense to contributory infringement [LINK].

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 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 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.

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 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."

Why is "piracy" such a big issue now?

Digital technology allows perfect copies and easy distribution of some works. That makes it easier for people to make and get copies of songs or videogames, and more difficult for copyright holders (record companies, etc.) to control the works once they are released to the public. This new technology has changed the way content distributors relate with their customers, and law and business models are trying to catch up.

I run a website but I never actually upload or download copyrighted materials. Could I be liable for what visitors to my site do?

You could. Bulletin board operators and webmasters can be subject to both civil and criminal liability for indirect copyright infringement when unauthorized copies of software (or the direct means to obtain such software) are found on their sites. You may be subject to allegations of direct copyright infringement, or one of two different indirect claims: vicarious liability and contributory infringement. It is important to realize that such liability may be avoided altogether if you comply with the provisions of the DMCA [LINK].

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 a patent?

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

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."

What are statutory damages?

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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