MPAA Letters to Cryptome and Digital Nation

30 November 2000

The file cited here by MPAA does not contain DeCSS. It includes DeCSS program notes and an appendix mistakenly labeled "DeCSS" which is actually CSS. The full document was filed by DVD CCA in a California court.

See previous notices and comments:

http://cryptome.org/dvd-mpaa-ccd.htm (notice 1)
http://cryptome.org/dvd-mpaa-ccd2.htm (comments)
http://cryptome.org/dvd-mpaa-ccd3.htm (notice 2)
http://cryptome.org/dvd-mpaa-ccd4.htm (notice 3)

[Received by e-mail 29 November 2000.]

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436

Anti-Piracy Operations

UNITED STATES PHONE: (818) 728-8127
Email: MPAA23@pacbell.net

November 28, 2000

John Young
John Young Architect
Cryptome
251 West 89th Street
New York, NY 10024
212-787-6102
jya@PIPELINE.COM

RE: Illegal Provision of DeCSS/Circumvention Device
Site/URL: cryptome.org/dvd-hoy-reply.htm

MPAA File#: 5-671-492

Dear John Young:

The Motion Picture Association of America (MPAA) represents the following motion picture production and distribution companies:

Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of Time Warner Entertainment Company, L.P.

We have received information that you are unlawfully offering product at the above-referenced web site. We have notified your ISP of the unlawful nature of this web site and have asked for its immediate removal. Our letter to your ISP is set forth below for your reference.

Please contact us at the above listed address or by replying to this email if you should have any questions.

Thank you for your prompt attention to this matter.

Very truly yours,

Motion Picture Association of America

__________________________________

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436

Anti-Piracy Operations

UNITED STATES PHONE: (818) 728-8127
Email: MPAA23@pacbell.net

November 28, 2000

Susan Gindin
DigitalNATION
8005 S. Chester Street
Suite 200
Englewood, CO 80112
303-792-3879
copyright@verio.net

RE: Illegal Provision of DeCSS/Circumvention Device
Site/URL: cryptome.org/dvd-hoy-reply.htm

MPAA File#: 5-671-492

Dear Susan Gindin:

The Motion Picture Association of America is authorized to act on behalf of the following copyright owners:

We have knowledge that the above-referenced Internet site is providing a circumvention device commonly known as DeCSS. DeCSS is a software utility that decrypts or unscrambles the contents of DVDs (consisting of copyrighted motion pictures) or otherwise circumvents the protection afforded by the Contents Scramble System (CSS) and permits the copying of the DVD contents and/or any portion thereof. As such, DeCSS is an unlawful circumvention device within the meaning of the Digital Millennium Copyright Act, 17 U.S.C. Section 1201(a)(2),(3). Providing or offering DeCSS to the public on your system or network violates the provisions of Section 1201(a)(2) which prohibits the "manufacturing, importing or offering to the public, providing, or otherwise trafficking" in an unlawful circumvention device. (17 U.S.C. Section 1201 et seq. hereafter is referred to as the "DMCA").

On August 17, 2000, a federal district court in the Southern District of New York confirmed that offering, providing, or trafficking in DeCSS, or any other device designed to circumvent CSS, violates the DMCA. The district court granted a permanent injunction against (1) posting on any Internet site, or in any other way manufacturing, importing or offering to the public, providing, or otherwise trafficking in DeCSS or any other technology primarily designed to circumvent CSS, and (2) linking any Internet web site, either directly or through a series of links, to any other Internet web site containing DeCSS.

The district court's ruling makes clear that by providing DeCSS, the above- referenced Internet site violates the DMCA. We therefore demand that you:

1) take appropriate steps to cause immediate removal of DeCSS from the above identified URL, along with such other actions as may be necessary or appropriate to suspend this illegal activity;

2) provide appropriate notice to the subscriber or account holder responsible for the presence of DeCSS on your system or network, advising him/her of the contents of this notice and directing that person to contact the undersigned immediately at the e-mail address provided above;

Failure to comply with these measures will subject you to liability as described above.

We also request that you maintain, and take whatever steps are necessary to prevent the destruction of, all records, including electronic records, in your possession or control respecting this URL, account holder or subscriber.

By copy of this letter, the owner of the above-referenced URL and/or email account is hereby directed to cease and desist from the conduct complained of herein.

On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, pursuant to the DMCA that we have a good faith belief that the acts complained of are not authorized by the copyright owners, their respective agents, or the law.

Also pursuant to DMCA, we hereby state, under penalty of perjury under the law of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification.

Should you have any questions, please contact us at the above listed address.

Thank you for your cooperation in this matter. Your immediate response is requested.

Respectfully,

The Motion Picture Association of America

1 Site Operator 11/28/00