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

Declan McCullagh declan at well.com
Tue Jul 24 17:07:33 PDT 2001 

FYI it was on Politechbot.com yesterday...

-Declan


On Tue, Jul 24, 2001 at 03:18:58PM -0700, Charles Eakins wrote:
> 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
> 
> 
> --
> 
> ----- End forwarded message -----
> 
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