[free-sklyarov] Re: [dvd-discuss] adobe DMCA letters

[Seth David Schoen]

(cross-posting between free-sklyarov and dvd-discuss is probably not a
great idea)

Tom writes:

> through channels I won't disclose, I learned about this interesting
> email that are sent to ISPs in the name of adobe:
> 
> DMCA Letter 
> 
> Dear Sirs: 
> 
> Adobe Systems Inc. has authorized BayTSP.com to act as its agent for
> copyright infringement notification. The spidering of the peer-to-peer 
> networks has detected infringement(s) originating from your customer's 
> IP address, as detailed in the attached report. 
> 
> Therefore, this letter is an official notification under provisions of
> section 512(c) of the Digital Millennium Copyright Act to effect removal of
> the detected infringement(s) listed in the attached report and to have this
> customer refrain from trading our client's copyrighted works in the future.
> The Berne Convention for the Protection of Literary and Artistic Works, the
> Universal Copyright Convention, as well as bilateral treaties with other
> countries allow for protection of our client's copyrighted works even beyond
> US borders. 
> 
> The attached documentation specifies the IP address of the source of the
> infringement. The Bay File ID identifies the copyrighted works by title. We
> hereby demand that your customer immediately remove the offending material
> in an expeditious manner, as specified in the copyright laws, and refrain
> from infringing on our client's copyrighted materials in the future.
> 
> BayTSP has a good faith belief that use of the material in the manner
> complained of in the attached report is not authorized by Adobe Systems 
> Inc., its agent, or the law. The information provided herein is accurate
> to the best of our knowledge.
> 
> BayTSP hereby swears under penalty of perjury that BayTSP is authorized to
> act on behalf of Adobe Systems Inc. for matters pertaining to notification
> of infringements of its exclusive rights in its copyrighted material.
> 
> Please send us a prompt response indicating the actions you have taken to
> resolve this matter. Please reference BayTSP Notification ID in your 
> response. 
> 
> Sincerely, 
> 
> Bill Attinger, CEO 
> BayTSP 
> 3150 Almaden Expressway Suit 234 
> San Jose, CA 95118 
> (408) 979-7900 
> DMCA at baytsp.com 
> 
> ----- End forwarded message -----
> 
> interesting tidbits:
> 
> - Adobe still believes strongly in the DMCA

This is a 512 notification, not 1201.  It's a notification of an
allegation of _actual copyright infringement_, not of providing
circumvention tools.  Although section 512 is imperfect, it isn't a
travesty like 1201; it's the lesser-known part of the DMCA, which
has nothing to do with DRM.

If Geeks Wrote The DMCA: The section after 512 would be called "1024".

-- 
Seth David Schoen <schoen at loyalty.org> | Its really terrible when FBI arrested
Temp.  http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull
down:  http://www.loyalty.org/   (CAF) | mission -- to share his knowledge with
     http://www.freesklyarov.org/      | american nation.  (Ilya V. Vasilyev)