Educause Security Discussion mailing list archives
Re: DMCA Notification Notice ID: 14-25709908
From: "Jacobson, Dick" <dick.jacobson () NDUS EDU>
Date: Wed, 19 Jan 2011 05:43:34 -0800
Thanks for your previous responses. Just to circle back on this .. the response from our General Counsel was : Exact compliance with each and every item in DMCA notice requirements is not necessary. The test is whether there is “substantial compliance” with those requirements. The variances you cite appear to be minor and I would say there is substantial compliance. I recommend that you follow the standard protocol for responding to a DMCA notice. -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Lorenz, Eva Sent: Wednesday, December 29, 2010 11:47 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 Without seeing the full notice, the evidence could be limited to DHCP logs etc, while the copyright owner likely has proof of the infringement - in the notice it does state " you have an affirmative obligation to prevent or limit infringement of the Rights Owner’s exclusive rights without regard to receiving a specific takedown notice". Eva Lorenz Ph.D., J.D., ITv3F ITS Security 2800 ITS Manning 211 Manning Dr CB3420 Chapel Hill NC 27599 -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick Sent: Wednesday, December 29, 2010 12:42 PM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 No. The links went to a page to respond saying the materials had been removed, which appears to contradict the "... not destroy or spoliate any evidence ..." statement ? -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Lorenz, Eva Sent: Wednesday, December 29, 2010 10:21 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 Did this email include links that went to websites with potential settlement arrangements? I have seen BayTSP sent out similar notices with settlement links. The paragraph regarding spoliation etc makes this email look to me like a pre-settlement letter. Eva Lorenz Ph.D., J.D., ITv3F ITS Security 2800 ITS Manning 211 Manning Dr CB3420 Chapel Hill NC 27599 -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick Sent: Wednesday, December 29, 2010 9:44 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 And this morning a letter (not a notice) from the same Osama Hussein, Esq., from BayTSP (I thought it was representing MTV (the email is from mtvn_p2p_no_reply) but the letter just lists 8 companies(MTV is not one of them) and says "... one of which is the owner of exclusive rights alleged to be infringed herein.) The email makes no attempt to be a takedown notice and, in fact, the body of the letter contains : -------------------------- Nothing in this letter shall serve as a waiver of any rights or remedies of the Rights Owners with respect to the alleged infringement, all of which are expressly reserved. This notice is without prejudice to the positions that (1) 17 U.S.C. 512 does not apply and (2) you have an affirmative obligation to prevent or limit infringement of the Rights Owner’s exclusive rights without regard to receiving a specific takedown notice. In complying with this notice, North Dakota State University Computer Center should not destroy or spoliate any evidence which may be relevant in a lawsuit relating to the infringement alleged herein, including the infringing files and all associated electronic documents and data relating to their presence on North Dakota State University Computer Center's IP addresses, which shall be preserved while disabling public access, irrespective of any document retention or corporate policy to the contrary. -------------------------- Any thoughts on this one ? Or does this discussion also need to go to a more private place ? (Would the ICPL list be more appropriate ?) I have had several "discussions" with Steve Worona over the years since we started out on directly opposite sides of this issue and have watched the "responsible" agents move more to our way of thinking. Now, however, .... -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick Sent: Tuesday, December 28, 2010 11:16 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 So my real question is (and remembering that this is a public forum and we do not know who is listening) ... for the last several years, our institutions and University System have been operating in good faith in this area. I am aware of the extensive discussions (and opinions) surrounding this issue; but we have chosen to use this as an educational opportunity with our students. However, based on what I am seeing now... - In at least some cases Universal Studios does not feel it necessary to include the legally required text - Sony is mailing to my personal address rather than the address registered with the Copyright Office to receive the notices - I have not searched the rest of my notices to see if they are compliant I am beginning to wonder if the message we are sending to our students is the opposite of the intended - that you need not comply with law if you are big enough ? For those copyright holders or agents that may be lurking here - I am not a lawyer and do intend to ask our Counsel for guidance before considering any potential changes to our process. Has anyone else approached this issue ? If you feel more comfortable contacting me directly please do so at Dick.Jacobson () ndus edu. -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Lorenz, Eva Sent: Tuesday, December 28, 2010 9:15 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 The DMCA notices that we receive from universal still have the paragraph in it: "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." Otherwise, the wording is similar, but it does refer to ISP rather than school and does not mention the effect on employment opportunities for graduates. I scrolled back about 3 months and could not find a notice from the attorney Osama Hussein. My guess, attorneys for BayTSP now may be permitted to individualize their notices to their liking and Mr. Hussein may have thought that his wording had some benefit. - Eva Eva Lorenz Ph.D., J.D., ITv3F ITS Security 2800 ITS Manning 211 Manning Dr CB3420 Chapel Hill NC 27599 -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Michael Sinatra Sent: Monday, December 27, 2010 1:18 PM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 What struck me was the name of the attorney, "Osama Hussein." Kind of interesting, huh? The only results that come from a very basic google search show that "Osama Hussain" (a more common spelling of Hussein, among a very unscientific survey of people I have met named Hussain) does appear to be an attorney with BayTSP. The fact that the name is spelled differently (wrong?) in the DMCA notice is a bit fishy to me. Of course, DMCA notices often have lots of mistakes on them, but it still might be worth following up on this one. michael On 12/27/10 09:22, Irish, Adrian L wrote:
Hmmm. So I scanned back over some of our recent DMCA notices, and only the ones from BayTSP representing Universal have the wording that bothers you. Others during the same time frame, also sent from BayTSP, but for other clients (such as Paramount) have the correct wording. If you've already run this by your legal counsel, and they've given you the green light to ignore these, then congratulations. Based on previous decisions, I already know my legal counsel will direct me to process these, even if the wording doesn't exactly pass muster under the DMCA. For what it's worth, all the BayTSP/Universal notices we received were accurate. Adrian Irish IT Security Officer The University of Montana SS 102 Missoula, MT 59812 (406) 243-6375 adrian.irish () umontana edu -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick Sent: Monday, December 27, 2010 9:38 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] DMCA Notification Notice ID: 14-25709908 Unless the law has changed ... It misses many of the bullets required to meet the original law, among them : • State that you are complaining in “good faith;” • State that, “under penalty of perjury, that the information contained in the notification is accurate;” and • State that you have the right to proceed (because you are the copyright owner or the owner’s agent) The letter is written as if the sender has already identified copyright.abuse () ndus nodak edu as the infringer. This is not possible since the address is merely an email alias and can not be used to authenticate to the network for any purpose - even to distribute other's materials. -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Irish, Adrian L Sent: Monday, December 27, 2010 10:19 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] FW: DMCA Notification Notice ID: 14-25709908 Looks like a typical DMCA notice to me. What are you seeing that makes you think it's invalid? Adrian Irish IT Security Officer The University of Montana SS 102 Missoula, MT 59812 (406) 243-6375 adrian.irish () umontana edu -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Jacobson, Dick Sent: Monday, December 27, 2010 7:18 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: [SECURITY] FW: DMCA Notification Notice ID: 14-25709908 Anyone else seeing these ? Do we have a new player in the copyright notification arena that didn't bother the read the law ? (btw: the address is the alias registered with the FTC.) My response was to stop sending spam - but I did say please. -----Original Message----- From: universal-studios-no-reply () copyright-compliance com [mailto:universal-studios-no-reply () copyright-compliance com] Sent: Monday, December 27, 2010 3:37 AM To: copyright.abuse () ndus nodak edu Subject: DMCA Notification Notice ID: 14-25709908 -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Reference ID No. 14-25709908 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 NBC Universal motion picture(s) and/or television show(s) 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 motion pictures or TV shows owned or distributed by NBC Universal and/or its affiliates without authorization; and 2. Permanently delete from your computer(s) all unauthorized copies you may have already made of such films and/or TV shows. The illegal downloading and distribution of copyrighted works are serious offenses that carry the risk of substantial monetary damages and, in some cases, criminal prosecution. Copyright infringement also undoubtedly violates your school's policies governing acceptable use of campus network resources and could lead to serious disciplinary action. A motion picture 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, thereby reducing employment opportunities for new graduates. 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 your email or in any 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. 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, Osama Hussein, Esq. BayTSP 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: 14-25709908. If you need immediate assistance or if you have general questions please call the number listed above. Title: The Office: AAW (TV) Infringement Source: BitTorrent Initial Infringement Timestamp: 23 Dec 2010 02:44:30 GMT Recent Infringement Timestamp: 23 Dec 2010 02:44:30 GMT Infringing Filename: The.Office.S07E11E12.HDTV.XviD-LOL.[VTV].avi Infringing File size: 366729216 Infringers IP Address: 134.129.203.20 Infringers DNS Name: lab.resnet.und.edu Bay ID: f41b417a9778030554119d987b725bca41caedbc|366729216 Port ID: 53928 - ---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>14-25709908</ID> <Status>Open</Status> </Case> <Complainant> <Entity>NBC Universal</Entity> <Contact>Mark M. Ishikawa, c/o NBC Universal Anti-Piracy Technical Operations</Contact> <Address>100 Universal City Plaza, Universal City, California 91608 United States of America</Address> <Phone>818-777-4876,818-866-2026</Phone> <Email>antipiracy () nbcuni com</Email> </Complainant> <Service_Provider> <Entity>North Dakota State University Computer Center</Entity> <Address></Address> <Email>copyright.abuse () ndus nodak edu</Email> </Service_Provider> <Source> <TimeStamp>2010-12-23T02:44:30Z</TimeStamp> <IP_Address>134.129.203.20</IP_Address> <Port>53928</Port> <DNS_Name>lab.resnet.und.edu</DNS_Name> <Type>BitTorrent</Type> <UserName></UserName> <Number_Files>1</Number_Files> <Deja_Vu>No</Deja_Vu> </Source> <Content> <Item> <TimeStamp>2010-12-23T02:44:30Z</TimeStamp> <Title>The Office: AAW (TV)</Title> <FileName>The.Office.S07E11E12.HDTV.XviD-LOL.[VTV].avi</FileName> <FileSize>366729216</FileSize> <URL></URL> </Item> </Content> </Infringement> - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: 8.0 iEYEARECAAYFAk0YXjwACgkQvmTY1IeHkqFU5wCgvE86NrYJ1akEou2yXY9hztoS 3pgAoOxO0JzUfrdL/cHeVEBgumKvcBfF =5uur -----END PGP SIGNATURE-----
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