Fox Complains via "Dtect.net" to ISP about torrenting
September 27, 2012
Sender Information:
TWENTIETH CENTURY FOX FILM CORPORATION
Sent by:
DtecNet Inc.
US
Recipient Information:
Hivelocity.net
Tampa, FL, 33614, USA
Sent via: email
Re: HiVelocity Abuse Case #6095 - Copyright Infringement - Notice ID # 22261546734
** This email was sent from HiVelocity's Abuse System **
Hello,
NOTE:: DO NOT REPLY TO THIS MESSAGE FOR ASSISTANCE.
Once you have resolved this abuse issue in full on the server, you will need to create a new support ticket to confirm resolution and list actions taken. The trouble ticket system is located here:
https://www.hivelocity.net/support/submit-ticket
Your IP [] is currently scheduled to be null routed from the network pending removal of copyrighted material.
WARNING: You have until 9:00 am eastern tomorrow 09/28/2012 to remove said content and confirm or the IP will be null routed (disabled) without further notice pending resolution in full.
**********************
Evidentiary Information:
Notice ID: 22261546734 Asset: SONS OF ANARCHY Protocol: BitTorrent IP Address: DNS: Port ID: 65176 File Name: Sons.of.Anarchy.S05E01.HDTV.XviD-AFG File Size: 499662259 Timestamp: 2012-09-26 20:51:48.657 GMT Last Seen Date: 2012-09-26 20:51:48.657 GMT
**********************
NOTE: DO NOT REPLY TO THIS MESSAGE FOR ASSISTANCE. Once you have removed said content from the server, you may then confirm this by creating a new trouble ticket. The trouble ticket system is located here:
https://www.hivelocity.net/support/submit-ticket
You have until 9:00 am eastern tomorrow 09/28/2012 to remove said content and confirm or the IP will be null routed (disabled) without further notice pending resolution in full.
Thank you!
-[redacted] Sr. Systems Administrator HiVelocity Engineering Dept. http://www.hivelocity.net
CONFIDENTIALITY NOTICE: The information in this e-mail message and any of its attachments is privileged and confidential and is intended solely for the indicated recipient. If you received this message in error, please delete it without copying or reading it, and notify the sender by return e-mail or by calling [redacted] Additionally, this communication is not intended to convey legal advice to the recipient.
You can review this case at http://abuse.hivelocity.net
Your case id is [redacted] Your pass code is [redacted] (pass code is case sensitive)
CONFIDENTIALITY NOTICE: The information in this e-mail message and any of its attachments is privileged and confidential and is intended solely for the indicated recipient. If you received this message in error, please delete it without copying or reading it, and notify the sender by return e-mail or by calling [redacted] Additionally, this communication is not intended to convey legal advice to the recipient.
************************************************************* Below you may find a copy of the email message sent into abuse. *************************************************************
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1
NOC4Hosts
Re: Unauthorized Use of Twentieth Century FOX Film Corporation Property
TWENTIETH CENTURY FOX FILM CORPORATION and its affiliated companies (collectively, "FOX") are the exclusive owners of copyrights in motion pictures.
It has come to our attention that NOC4Hosts is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file "swapping" or other similar activities) of FOX'S property is taking place. The documentation included at the end of this notice specifies the location of the infringement. We believe that the Internet access of the user engaging in this infringement is provided by NOC4Hosts or a downstream service provider who purchases this connectivity from NOC4Hosts.
This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act. Depending upon the type of service NOC4Hosts is providing to this IP address, it may have legal and/or equitable liability if it does not expeditiously remove or disable access to the property listed below, or if it fails to implement a policy that provides for termination of subscribers who are repeat infringers (see, 17 U.S.C. 512).
Although various legal and equitable remedies may be available to FOX as a result of such infringement, FOX believes that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to effect removal of the detected infringement listed in the below report, including:
(1) Notify the account holder of this infringement (2) Require the account holder remove the infringing material (3) Disable access to the infringing material (4) Take appropriate action against the account holder under your Abuse Policy/Terms of Service
You can also refer your account holder to the following website if they have questions about the notice: www.respectcopyrights.org. For more information on protecting creativity and respecting copyrights, the account holder can visit the MPAA's general web site at http://www.mpaa.org/piracy.asp.
We appreciate your efforts toward this common goal. Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference the above noted Notice ID 22261546734 in all correspondence, which should be directed to:
The undersigned has a good faith belief that use of FOX's property in the manner described herein is not authorized by FOX, its agents or the law. Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that the undersigned is authorized to act on behalf of FOX with respect to this matter.
Please be advised that this letter is not and is not intended to be a complete statement of the facts or law as they may pertain to this matter or of FOX's positions, rights or remedies, legal or equitable, all of which are specifically reserved.
Regards, [redacted] CEO, DtecNet Inc.
Phone:[redacted]; Fax: [redacted] [redacted]@dtecnet.com [A pgp public key is available on the key server at http://pgp.mit.edu if you would like to verify the authenticity of this notice.]
Evidentiary Information: Notice ID: 22261546734 Asset: SONS OF ANARCHY Protocol: BitTorrent IP Address: DNS: Port ID: 65176 File Name: Sons.of.Anarchy.S05E01.HDTV.XviD-AFG File Size: 499662259 Timestamp: 2012-09-26 20:51:48.657 GMT Last Seen Date: 2012-09-26 20:51:48.657 GMT
If you have some issues please reply to fox.antipiracy@dtecnet.com, reply to no-reply@dtecnet.com will be ignored.
- ---Start ACNS XML
22261546734 OPEN Normal
Twentieth Century Fox Film Corporation Fox
[redacted]/Phone> [redacted]@dtecnet.com
NOC4Hosts
[redacted]@noc4hosts.com
2012-09-26T20:51:48.65Z 65176 P2P 1 false
2012-09-26T20:51:48.65Z SONS OF ANARCHY Sons.of.Anarchy.S05E01.HDTV.XviD-AFG 499662259 Video 5EEAFA2A19857356B0118D0D05AF14EA22255FD4
DMCA SONS OF ANARCHY
true false Manual and hash verification
3
Re: Unauthorized Use of Twentieth Century FOX Film Corporation Property
TWENTIETH CENTURY FOX FILM CORPORATION and its affiliated companies (collectively, "FOX") are the exclusive owners of copyrights in motion pictures.
It has come to our attention that NOC4Hosts is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file "swapping" or other similar activities) of FOX'S property is taking place. The documentation included at the end of this notice specifies the location of the infringement. We believe that the Internet access of the user engaging in this infringement is provided by NOC4Hosts or a downstream service provider who purchases this connectivity from NOC4Hosts.
This unauthorized copying and distribution constitutes copyright infringement under Section 106 of the U.S. Copyright Act. Depending upon the type of service NOC4Hosts is providing to this IP address, it may have legal and/or equitable liability if it does not expeditiously remove or disable access to the property listed below, or if it fails to implement a policy that provides for termination of subscribers who are repeat infringers (see, 17 U.S.C. 512).
Although various legal and equitable remedies may be available to FOX as a result of such infringement, FOX believes that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to effect removal of the detected infringement listed in the below report, including:
(1) Notify the account holder of this infringement (2) Require the account holder remove the infringing material (3) Disable access to the infringing material (4) Take appropriate action against the account holder under your Abuse Policy/Terms of Service
You can also refer your account holder to the following website if they have questions about the notice: www.respectcopyrights.org. For more information on protecting creativity and respecting copyrights, the account holder can visit the MPAA's general web site at http://www.mpaa.org/piracy.asp.
We appreciate your efforts toward this common goal. Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference the above noted Notice ID 22261546734 in all correspondence, which should be directed to:
The undersigned has a good faith belief that use of FOX's property in the manner described herein is not authorized by FOX, its agents or the law. Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that the undersigned is authorized to act on behalf of FOX with respect to this matter.
Please be advised that this letter is not and is not intended to be a complete statement of the facts or law as they may pertain to this matter or of FOX's positions, rights or remedies, legal or equitable, all of which are specifically reserved.
Regards,
[redacted] CEO, DtecNet Inc.
Phone: [redacted]; Fax: [redacted] [redacted]@dtecnet.com [A pgp public key is available on the key server at http://pgp.mit.edu if you would like to verify the authenticity of this notice.]
Evidentiary Information: Notice ID: 22261546734 Asset: SONS OF ANARCHY Protocol: BitTorrent IP Address: DNS: Port ID: 65176 File Name: Sons.of.Anarchy.S05E01.HDTV.XviD-AFG File Size: 499662259 Timestamp: 2012-09-26 20:51:48.657 GMT Last Seen Date: 2012-09-26 20:51:48.657 GMT]]>
Question:What does a service provider have to do in order to qualify for safe harbor protection?
Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.
In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].
Question:To qualify for a DMCA Safe Harbor, do ISPs need to respond to notices for takedowns of alleged P2P infringements?
Answer: Section 512 provides safe harbor protection for four classes of online service providers. 512(a) covers conduit systems that transmit and route data between users and store copies only as part of that process. 512(b) protects caching systems, which temporarily retain copies for users requesting it from its original source. 512(c) protects storage systems that allow users to store information on their networks, such as a web hosting service or a chat room. Finally, 512(d) covers information location tools such as search engines or directories. (See What defines a service provider under Section 512...?)
Using typical P2P file-sharing services, users store files on their computers and send them directly to each other. The users
FAQ: Questions