1 March 2001: Link to DVD demand letter.
23 January 2001
To: Susan Gindin <sgindin@verio.net> From: John Young jya@pipeline.com Subject: Re: cryptome.org/dvd-hoy-reply.htm Date: Tue, 23 Jan 2001 09:13:20 -0700 -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Susan E. Gindin Associate Counsel Verio Inc. Dear Ms. Gindin, This responds to your email today concerning a file on our Web site Cryptome.org (copy below). I offer this counter-notification: 1. My signature My PGP signature has been used on this message. 2. Electronic file in question: http://cryptome.org/dvd-hoy-reply.htm 3. It is my belief under penalty of perjury that the file does not contain a circumvention device as defined by the DMCA. 4. My name and address: John Young 251 West 89th Street New York, NY 10024 212-873-8700 I consent to jurisdiction of the federal court having jurisdiction over the location of my address. Sincerely, John Young - - ---------- At 06:32 AM 1/23/01 -0700, you wrote: >January 23, 2001 > >Dear Mr. Young, > >Let me begin by stating that Verio values you highly as a customer, >and that we hope to continue hosting your site for many years. > >We have received the following notification alleging that your site >is providing the DeCSS circumvention device, and that by providing >DeCSS to the public on our network, you, and Verio as well, are >violating the provisions of Section 1201(a)(2) of the Digital >Millennium Copyright Act (DMCA). The notification demands that we >"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 . . . ." > >While it is unclear to us whether you are providing DeCSS, and while >we question the MPAA’s authority to require takedown of material >which violates the DMCA’s section 1201 in the manner of the Act’s >section 512 notice-and-takedown procedures, we are persuaded to take >this >complaint very seriously, due to MPAA’s willingness to swear under >penalty of perjury that you are violating section 1201. > >Our Acceptable Use Policy provides that customers violate Verio >policy and the service agreement when they, their customers, >affiliates or subsidiaries engage in any activity that infringes or >misappropriates the intellectual property rights of others. Our AUP >further provides that when we become aware of harmful activities, we >may take any action to stop the harmful activity, including but not >limited to, removing information, shutting down a web site, >implementing screening software designed to block offending >transmissions, denying access to the Internet, or take any other >action we deem appropriate. Therefore, >we will not countenance >your providing the material which is unlawful, and we will act >accordingly. > >However, because it is unclear to us whether you are providing DeCSS >in the manner proscribed, and because it is unclear whether the >section 512 notice and takedown procedures apply to section 1201 >violations, we are giving you the opportunity to respond, as set out >below, before we must take any steps which may affect access to your >site. > >As you may be aware, upon receipt of a notification complying with >section 512, a service provider is required to expeditiously remove >or disable access to the allegedly infringing material, and then >notify the customer. The customer may then send a >counter-notification under the Act, which the service provider must >forward to the >complainant. If the service provider does not receive notice that >the complainant has filed suit against the customer, the service >provider then re-enables the site. > >Because providing DeCSS is not a section 512 issue, but it is a DMCA >issue, we will give you the opportunity to counter notify under the >Act’s counter notification procedures before we take steps which may >affect access to your site. Therefore, we give you ten business days >from today to counter notify as provided in section 512(g)(3) of >the Act before we require that you remove the materials. > >Following is the language of section 512(g)(3) Contents of counter >notification. - To be effective under this subsection, a counter >notification must be a written communication provided to the service >provider's designated agent that includes substantially the >following: > > (A) A physical or electronic signature of the subscriber. > (B) Identification of the material that has been [in this >situation, will be] removed or to which access has been disabled and >the location at which the material appeared before it was removed or >access to it was disabled. > (C) A statement under penalty of perjury that the >subscriber has a good faith belief that the material was [in this >situation, will be] removed or disabled as a result of mistake or >misidentification of the material to be removed or disabled. > (D) The subscriber's name, address, and telephone number, >and a statement that the subscriber consents to the jurisdiction of >Federal District Court for the judicial district in which the >address is located, or if the subscriber's address is outside of >the United >States, for any judicial district in which the service provider may >be found, and that the subscriber will accept service of process >from the person who provided notification under subsection (c)(1)(C) >or an agent of such person. > >As long as your counter notification complies with the above, and >unless or until we receive notification that the MPAA has filed suit >against you, we will not require that you remove the materials nor >will we block access to your site. Please note that we will not >accept a counter notification which deviates from the above, such >as one raising First Amendment arguments. We are aware that the >EFF has filed an appeal to the decision cited by the MPAA, but >until that decision is reversed, we do not question its validity. > >Of course, you may also simply remove the materials about which the >MPAA has complained. If so, please let us know. We will then assume >that the materials have been removed unless we are advised otherwise >by the MPAA. > >Sincerely, >Susan E. Gindin >Associate Counsel >Verio Inc. > >MOTION PICTURE ASSOCIATION OF AMERICA, INC. >15503 VENTURA BOULEVARD >ENCINO, CALIFORNIA 91436 > >UNITED >STATES >PHONE: (818) 728-8127 >Email: MPAA23@pacbell.net >Anti-Piracy Operations > > >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: > >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 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 >DeCSS (Domestic) 11/28/00 -----BEGIN PGP SIGNATURE----- Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com> iQA/AwUBOm2VOAxW2XTDIHAJEQITjwCeLYIAtIJg4n09iwv1CkYoQ5M4j08AoJdV yKxNJqySwPVWpxcMx2RTQmc+ =Ovh7 -----END PGP SIGNATURE-----