Stanford University Residential Computing

A department of Academic Computing, Stanford University Libraries and Academic Information Resources

Information & News: File-sharing and copyright law: How it affects you: Sample DMCA complaint notification

From: "CJ Hafner"
To: schlobotnik@stanford.edu
Cc: security-nr@stanford.edu
Sent: Monday, Oct 27, 2003 12:00 PM
Subject: SU#2003-54321 - Fw: *** DMCA Notification [Notice ID: 987654]

Dear Joe Schlobotnik (machine name branner-03-325)

We received a notice from Universal City Studios Productions that claims you have electronically downloaded, distributed or made available copyrighted materials to which you do not have such rights, in violation of United States copyright law. A copy of the notice is enclosed. Under that law, Stanford University is required to remove or disable access to those materials, which include:

The Hulk

If you believe this notice is mistaken, you have the right to provide a counter-notice. For information on what your rights are, see Section 512 of the Copyright Act. It is available at http://www.law.cornell.edu/uscode/17/512.html.

Stanford respects the proprietary interests, including copyrights, others have in their original works, and expects the same of its faculty, employees, and students. University policy requires as much. See http://security.stanford.edu/policies. Under Stanford policy, failure to do so can lead to loss of privileges or disciplinary action. It also may expose you personally to liability under the Copyright Act or other applicable law.

Therefore, if you have placed any materials on Stanford computers to which you do not have rights, we expect you to remove them promptly. If you have made any materials available to others via Stanford's network, and you do not have such rights, we expect you to remove such capability immediately. If you do not inform us by reply to this notice by 8:00 a.m. on Tuesday, Oct 28, 2003, that you have removed the allegedly infringing materials, the law requires us to remove your access to Stanford's network.

If you have any questions about this letter, please contact me by writing to Security-nr@Stanford.edu or by reply to this message.

For more information about the Copyright Laws or the Digital Millennium Copyright Act, see http://fairuse.stanford.edu or www.copyright.gov.

Very truly yours,

CJ Hafner
Information Security Services, ITSS
Stanford University
255 Panama St., Polya Hall room 109
Stanford, CA 94305-4136
650.725.8686
650.723.2011 fax
cjhafner@stanford.edu

----- Original Message -----
From: antipiracy1@unistudios.com
To: dmca-claim@stanford.edu
Sent: Monday, Oct 27, 2003 9:00 AM
Subject: *** DMCA Notification [Notice ID: 987654]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Re: Unauthorized Use of Universal Motion Pictures
Notice ID: 987654
10/27/2003

Dear Sir or Madam:

Universal City Studios Productions LLLP and its affiliated companies (collectively, "Universal") are the exclusive owners of copyrights in many motion pictures, including the motion pictures listed below.

It has come to our attention that Stanford University is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file "swapping" or other similar activities) of Universal's motion picture(s) listed below is taking place. We believe that the Internet access of the user engaging in this infringement is provided by ((ISP Name)) or a downstream service provider who purchases this connectivity from Stanford University.

This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act . Depending upon the type of service Stanford University is providing to this IP address, it may have legal and/or equitable liability if it does not expeditiously remove or disable access to the motion picture(s) listed below, or if it fails to implement a policy that provides for termination of subscribers who are repeat infringers (see, 17 U.S.C. ¤512).

Despite the above, Universal believes 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.

The undersigned has a good faith belief that use of the motion pictures in the manner described herein is not authorized by 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 Universal with respect to this matter.

Please be advised that this letter is not and is not intended to be a complete statement of the facts or law as they may pertain to this matter or of Universal's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

Very truly yours,

Aaron Markham
Manager of Internet Anti-Piracy,
Worldwide Anti-Piracy Operations
VIVENDI UNIVERSAL ENTERTAINMENT.
100 Universal City Plaza
Universal City, CA 91608
tel. (818) 777-3111
fax (818) 866-6339
antipiracy@unistudios.com

*pgp public key is available on the key server at
ldap://keyserver.pgp.com
Notice ID: 987654

Title: The Hulk
Infringement Source: FastTrack
Infringement Timestamp: 10/127/2003 5:05:05 AM PDT (GMT-7:00)
Infringer Username: schlobotnik@KaZaA
Infringing Filename: thehulk.mpg
Infringing Filesize: 426795628
Infringers IP Address: 128.12.53.256
Infringers DNS Name: branner-03-325.stanford.edu
Infringing URL: 128.12.53.256

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