Example: A Yale DMCA Takedown

6 May 2010 by eliechau, No Comments »

A sample DMCA takedown notification sent to Yale University and subsequently forwarded to the student and his/her respective dean and master.

DMCA Copyright Agent
Information Security Office
25 Science Park
Fax: 203.436.5342
April 19, 2010

Dear XXXXXX (NetID XXXXX, EHA XXXXXXXXXXXX):

Yale University has received a complaint from Warner Bros. regarding the distribution and/or availability of a title they believe to be their intellectual property being distributed on the Yale network (and the Internet). The complaint reports that the computer with IP address XXX.XX.XXX.XXXX (Internet Protocol network address) was and/or is unlawfully making available digitized copies of copyrighted materials. Our records show that this roaming IP address is presently registered to your NetID, or was used by your NetID at the time noted in the complaint. You therefore may be in violation of both Federal copyright law and the University’s Information Technology Appropriate Use Policy (ITAUP), section 1607.1.C.6, “Use in violation of law”” (see http://www.yale.edu/policy/itaup.html ).

The original complaint with the email Subject header “Case ID XXXXXXXXXX – Notice of Claimed Infringement” and dated DD/MM/YYYY HH:MM:SS is enclosed in its entirety at the end of this email message. The intellectual property which the complainant is claiming copyright infringement upon is:

***
XXXXXXX
***

The complainant identified an IP address that we show registered to you (or in use by one of your registered addresses), as that of the computer that was violating copyright law with respect to this file.

Under the Digital Millennium Copyright Act of 1998 Yale University is designated as an “Internet Service Provider”. In compliance with this law, once the University has been notified of a copyright infringement on the campus network, it is obligated to disable network access to the copyrighted material and to remove that material from the network. Accordingly, unless you believe this complaint to be materially incorrect, you must promptly cease making the copyrighted material available both on the campus network and/or Internet.

Further, we request that you promptly
(1) Confirm that the copyrighted material has been removed, access disabled and that the material will remain off the network;
(2) Confirm that you will cease any other use of the network in violation of law and the ITAUP;
(3) Provide a printed copy of the ITAUP with your signature to confirm that you have read and agree to abide by the University’s terms and conditions for network access.

Confirmation for numbers (1) and (2) above can be done by replying (reply all) to this email message. For (3) you must **print and sign** a copy of the ITAUP and send it to the Information Security Office no later than 48 hours from the time of this message (note: you need only print the 1st page of the ITAUP) using one of the following delivery methods:
- Fax (203.436.5342)
- Scan and e-mail as an attachment (dmcagent@pantheon.yale.edu, only PDF, JPG, or PNG formats)

The Yale DMCA Copyright Agent will report to the intellectual property owner that access to the copyrighted material has been permanently removed once you have complied with the above three requests and we have confirmed that there is no longer access to the copyrighted material,

Please contact the undersigned at the Information Security Office if you believe that the facts set out in this letter are incorrect, or if you are unable to comply with the requests we have made.

If you do not acknowledge this message in a timely way or are not in compliance with ITAUP, the Information Security Office is authorized to disable your network access. Network access will be re-enabled once we have been assured that the computing device is in compliance and that you understood and accept the University’s Information Technology Appropriate Use Policy (ITAUP).


Yale DMCA Copyright Agent (dmcagent@pantheon.yale.edu)
c/o Information Security Office

http://www.yale.edu/its/filesharing

copyright-list@pantheon.yale.edu

Cc:
YOUR DEAN(dean@yale.edu)
YOUR MASTER(master@yale.edu)

——– Original Message ——–
Subject: Case ID 1123617483 – Notice of Claimed Infringement
Date: 16/04/2010 09:41:27
To: copyright-list@pantheon.yale.edu
From: MediaSentryCopyrightInfringement

_Friday, April 16, 2010

Yale University
Information Technology Services
100 Church St So; P.O. Box 208065
New Haven, CT 06520-8065 US

RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
XXXXXXXXXX

Dear H. Morrow Long:

We are writing this letter on behalf of Warner Bros. Entertainment Inc. (“Warner Bros.”).

We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a “peer-to-peer” service, including such title(s) as:

XXXXXXX
The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.

Since you own this IP address (XXX.XX.XXX.XXX), we request that you immediately do the following:

1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Warner Bros. content without authorization; and

2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

On behalf of Warner Bros., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective 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 we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.

Please direct any end user queries the following.

Warner Bros. Entertainment Inc.
Attn: Worldwide Anti-Piracy
4000 Warner Blvd.
Burbank, CA 91522
818.954.3091 – phone
infringements@warnerbros.com – email

Kindly include the Case ID XXXXXXXXXX, also noted above, in the subject line of all future correspondence regarding this matter.

We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.

Respectfully,

A Kempe
Enforcement Coordinator
MediaSentry

——————————

INFRINGEMENT DETAIL
——————–

Infringing Work: XXXXXXX
First Found: 16 Apr 2010 03:18:35 EDT (GMT -0400)
Last Found: 16 Apr 2010 03:18:35 EDT (GMT -0400)
IP Address: 128.36.148.111
IP Port: 51570
Protocol: BitTorrent
Torrent InfoHash: 62E9C28E8FBF3B8764234F5511A841A3F2894D78
Containing file(s):
XXXXXXXXXXXX.torrent (943,349,855 bytes)

http://yale.freeculture.org/wp-login.php

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