North American Network Operators Group

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Re: DMCA Violation?

  • From: Adam Debus
  • Date: Thu May 08 11:33:07 2003

> 2. Some of these letters only provide IP address and Song title or Movie
> title. I'm not a lwayer, but they don't have a leg to stand on if they
> don't follow the law they are quoting:
>    `(A) To be effective under this subsection, a notification of claimed
>    infringement must be a written communication provided to the designated
>    agent of a service provider that includes substantially the following:
> ...blah...blah
>       `(iv) Information reasonably sufficient to permit the service
>       provider to contact the complaining party, such as an address,
>       telephone number, and, if available, an electronic mail address at
>       which the complaining party may be contacted.
> *** End
> By my understanding, an IP address is not listed on any of that. I
> don't have to waste time sifting through dialup logs, or even using an
> automated process I have in place for subpoenas to answer this
> request. At least if they subpoena the information they have to prove to a
> judge they have a good claim. I wish I had the reference at hand, but when
> they subpoena information, we bill the requestor $450 for the time to
> lookup the user information. (Your Lawyer should be able to tell you the
> maximum now you can request for subpoena information.)

Paragraph (iv) from above states the the contact information must be for the
Complaining party. Not the Offender. The Complaining Party would be, in this
case, Universal Studios / MPAA. In all the DMCA letters I have recieved,
right after the "Very truly yours," contains a name, phone number, and
e-mail address...which satisifes paragraph (iv).


Adam Debus
Linux Certified Professional, Linux Certified Administrator #447641
Network Administrator, ReachONE Internet
[email protected]