[free-sklyarov] Fox letter about the DMCA to ISPs

[Charles Eakins]

This needs to get slashdotted immediatly! :)

-----Original Message-----
From: free-sklyarov-admin at zork.net
[mailto:free-sklyarov-admin at zork.net]On Behalf Of Jon O .
Sent: Tuesday, July 24, 2001 3:02 PM
To: free-sklyarov at zork.net
Subject: [free-sklyarov] Fox letter about the DMCA to ISPs


This just came in from a friend who works at an ISP.

Comments?


----------------------------------------------------

The Digital Millennium Copyright Act ("DMCA") and other civil and criminal
statutes provide for severe penalties (including prison sentences of up
to 10 years, forfeiture of equipment, and fines of up to $2 million per
incident) against persons who record and post pirated copies of films on
the Internet.
[snip]
The information provided in this letter is provided under penalty of
perjury.
We look forward to working with you.


-----------------------------------------------------


Date: Tue, 24 Jul 2001 14:40:08 -0700
>From Antipiracy at fox.com  Mon Jul 23 17:02:29 2001
Subject: [SECURITY]  Internet Piracy of Planet of the Apes


July 23, 2001

Via E-Mail

Re: Internet Piracy of Planet of the Apes

Dear Colleagues:

We at Twentieth Century Fox Film Corporation ("Fox") are writing to ask
for your help and cooperation in the protection of our upcoming
highly-anticipated motion picture, Planet of the Apes. Fox is the
copyright owner and owner of exclusive distribution rights in all media,
including the Internet, to this motion picture, which is being released
 in the United States and certain other countries on July 27, 2001.

Some pre-release screenings are already taking place.

As you are likely aware, technological developments currently allow the
seriously detrimental and widespread infringement of intellectual
property via the unauthorized electronic dissemination of films over the
Internet. As widely reported in the media, up to 1 million illegal
copies of first-run movies are now available on the Internet. Fox, in
cooperation with the Motion Picture Association of America ("MPAA"),
the U.S. Department of Justice and the FBI, is working to combat piracy
of films on the Internet. We hope to be able to count on your assistance
as well.

We anticipate a high volume of Internet piracy of Planet of the Apes.
Illegal film footage posted and/or available for download on the
Internet is usually sourced from video recordings made in movie theaters
and digitally transferred into electronic video formats. As Fox is
making every effort to aggressively battle Internet piracy, it is likely
that you will notice an increase in the volume of correspondence
which you receive from Fox and/or from the MPAA. Therefore, we would
like to take this opportunity to introduce you to the department
responsible for combating this issue at Fox which is authorized to act
on behalf of Twentieth Century Fox Film Corporation, the copyright
owner of Planet of the Apes.

Our contact information is:

Fox Intellectual Property Department
(310) 369-4260
antipiracy at fox.com

Working with you and our other partners, we hope to be able to identify and
remove infringing files quickly.

The Digital Millennium Copyright Act ("DMCA") and other civil and criminal
statutes provide for severe penalties (including prison sentences of up
to 10 years, forfeiture of equipment, and fines of up to $2 million per
incident) against persons who record and post pirated copies of films on
the Internet.

We intend to pursue and prosecute infringers to the fullest extent possible
in conjunction with the MPAA, the FBI, the Department of Justice, and
through
civil lawsuits.

Congress included mechanisms in the DMCA which are designed to allow
copyright
owners to prevent and prosecute infringement of their rights on the
Internet.
The DMCA requires copyright owners to notify you, as the Internet Service
Provider, of infringing activities, and imposes the obligation on ISPs to
act
expeditiously to remove or disable access to infringing materials. This
letter is intended, in part, to give you advance information that you
will be receiving additional notices pursuant to the DMCA from Fox, its
representatives or the MPAA. We trust that we will be able to
count on your prompt action in response to such notices requesting you
to disable such infringing postings and/or downloads and stop the
infringement of our rights.

The posting and/or dissemination of unauthorized copies/recordings of all
or part of a copyrighted film on the Internet (excluding trailers
authorized and licensed for such use) infringes the copyrights in both
the motion picture and the soundtrack. Fox, as owner of all rights
relating to Planet of the Apes, has not authorized any distribution of the
motion picture or its soundtrack over the Internet. We, therefore,
have a good faith belief that any Internet postings of such video and/or
audio materials constitute infringement.

As you become aware or are notified of them, please remove any
such postings that are accessible on or through your system or network,
accessed by users through your system or network, or located
using your information location tools, and disable access to any sites
fulfilling these criteria.

This letter provides you with information regarding our rights and of
the fact that we have not authorized any Internet distribution of
Planet of the Apes or other films. We would greatly appreciate your
assistance in our fight against Internet piracy. We hope that you will
help us by using all information location tools available to you to
identify such infringing material and that you will immediately remove
any such postings or disable access to any location where the infringing
activities described herein are or will be occurring. Please try to
expeditiously remove infringing postings and/or disable access to
infringing material of which you become or are made aware.

We may contact you in the coming weeks, as specific examples of
infringing activity accessible on or through your network or system
come to our attention, and we will reiterate our request that such
items be removed or disabled immediately. Please keep in mind that
extremely prompt action is and will continue to be necessary in
order to prevent the widespread proliferation of infringing copies of
Planet of the Apes. Since Fox has not authorized the sale of any
promotional items, including press kits, we may also need your assistance
in stopping the sale of such items, as well as production items.

The information provided in this letter is provided under penalty of
perjury.
We look forward to working with you.

Please contact us if you have any questions, or to provide us with
updated contact information for your company.

                              Sincerely,
                              Fox Group Intellectual Property Department


                              cc: Motion Picture Association of America


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