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Re: DMCA Violation?
[Snipped] > > 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: > > `(3) ELEMENTS OF NOTIFICATION- > > `(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.) > [Snipped] 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). Thanks, Adam Debus Linux Certified Professional, Linux Certified Administrator #447641 Network Administrator, ReachONE Internet [email protected]