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MOTION PICTURE ASSOCIATION OF AMERICA, INC. UNITED STATES November 29, 2000 Ben Livingston Dear Ben Livingston: The Motion Picture Association of America is authorized to act on behalf of the following copyright owners:
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 Date: Mon, 4 Dec 2000 14:25:11 Hey MPAA! This server is located in Seattle, Washington, which is under the jurisdiction of the Ninth Circuit Court. We therefore feel the district court ruling in the Second Circuit does not apply to us. I must admit, however, that we're just a bunch of self-righteous snot-nosed punks and not lawyers, so keep sending those threatening letters and we might reconsider! Thanks for your concern. Happy holidays and may God be with you. -- Ben Livingston Visit opendvd.org for information about how you too can get harrassed by the MPAA. |