December 14, 2004
../ BitTorrent Hosts Under Attack
The Motion Picture Association of America (MPAA) filed suit against one hundred individuals who host BitTorrent servers, a relatively new file trading technology.
The BitTorrent program was developed to thwart authorities by disseminating large media files over several different computers. Instead of downloading an
individual song or movie from one source like on KaZaA, the BitTorrent technology uses Trackers, essentially middle-men, who gather bits and pieces of the
file from many different sources. All the pieces are then assembled on the downloader's computer to achieve the complete download.
The technology is supposed to provide a level of protection to the uploaders since their identity is not directly revealed to the downloader and they are
not hosting the complete media file. In addition, the Trackers don't host any of the files; they are merely providing a search utility to find the bits scattered
across the net. However, the MPAA feels that the choice to become a Tracker is reason enough to sue.
The MPAA has recently stepped up its efforts in the past couple of months to combat individuals who download movies. Like the RIAA, it issued cease and desist
letters to downloaders whose IP addresses were available:
Now they are actually strapping on the guns and going to war. Will their latest efforts pay off at this early stage, or will this be yet another futile
attempt to stop the flood, now that the downloadable movie dam has broke?
From: ISP Online Security
To: YOUR EMAIL ADDRESS
Subject: WARNING: Copyright Infringement Notification
Cable Modem: XXXXXXXX
REF ID: XXXXX
Dear Name Withheld,
We are writing as a courtesy to let you know that we have received
notification from one or more owners of copyrights claiming that their
work has been transmitted over the Internet from your account without
their permission. Copyright owners may include motion picture studios,
the recording industry or others who produce or distribute legally
protected material. (Please see enclosed notice(s)). We are concerned
that either you or a person with access to your account may be unknowingly
participating in certain file sharing or server-related activities that
led to this complaint.
As you may recall, the ISP Online Terms of Service posted at
www.YOURISP.com require compliance with all applicable laws and
specifically prohibits the use of the ISP system for copyright
We consider you a valued customer, so we wanted to let you know that if
the copyright holder pursues this claim, or if there are additional
claims, it could lead to legal action against you. We may be required by
law to release private information about you and to suspend, or even
terminate, your service. We want to help you prevent this from happening.
In order to assist you in your future use of our service, we encourage you
to visit www.YOURISP.com/copyrightinfringement for tips and guidelines that we hope will give you all the information you need to avoid further action on this
matter or on other matters.
We regret having to send notices like this, and we do not wish to alarm
you unnecessarily, but we have a responsibility to advise you of any
notices concerning your account.
If you have any questions about our ISP policies, please feel
free to contact us at the Customer Service Center, xxx-xxx-xxxx. We
appreciate your business, and look forward to providing you with
excellence in broadband service for many years to come.
Registered Copyright Agent
[-------Copy of Complaint------]
Subject: Case ID XXXXX - Notice of Claimed Infringement
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
PHONE: (818) 728 - 8127
Thursday, December 02, 2004
Name: Name Withheld
ISP: Your ISP, Inc.
RE: Unauthorized Use of Copyrighted Motion Pictures
Reference#: XXXXXXXX (X)
IP Address: 0.0.0.0
Date of Infringement: DATE
Dear Name Withheld:
The Motion Picture Association of America (MPAA) represents the
following motion picture production and distribution companies:
Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios LLLP
Warner Bros. Entertainment Inc.
We have received information that, at the above noted date and time,
the IP address 0.0.0.0 was used to offer or to materially contribute
to the offering of downloadable or streaming copies of copyrighted motion
pictures. The title(s) offered included:
Specifically, we have identified the following material as infringing:
Infringing Work: MOVIE TITLE
Filepath: shark MOVIETITLE-mpg.torrent
First Found: DATE
Last Found: DATE
IP Address: 0.0.0.0
IP Port: xxxx
We believe this information should prove sufficient for you to locate
the material complained about herein; however, please don't hesitate to
contact us with any questions or clarification requests you may have.
The unauthorized distribution or public performance of copyrighted
motion pictures constitutes copyright infringement under the Copyright Act,
Title 17 United States Code Section 106(3)-(4). This conduct may also violate
the laws of other countries, international law, and/or treaty obligations.
As the owner of this IP address, we request that you immediately do the
1. Notify the end user of the infringement(s).
2. Remove or disable access to the material identified above.
3. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
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
Digital Millennium Copyright Act, Title 17 United States Code Section 512,
that the information in this notification is accurate and that we have a
good faith belief that use of the material in the manner complained of is
not authorized by the copyright owners, their respective agents, or the law.
Also pursuant to the Digital Millennium Copyright Act, we hereby state,
under penalty of perjury, that we are authorized to act on behalf of the
owners of the exclusive rights being infringed as set forth in this
Please contact us at the above listed address or by replying to this
email should you have any questions. Kindly include the above noted
Reference Number XXXXX in the subject line of all email correspondence.
IMPORTANT: If you are the account holder in receipt of this Notice and
you wish to respond, please address all correspondence to
firstname.lastname@example.org Please be sure to include the Reference Number XXXXX in all
We thank you for your cooperation in this matter. Your prompt response
Motion Picture Association of America
The Future: Although downloading movies is not as rampant as downloading music due to the extremely large file size, it won't take long for individuals
to jump on the free movie bandwagon. The MPAA is starting its offensive early, but some say this only creating a public relations campaign to showcase that you can
download movies. The case against Trackers is pretty thin, and many will probably utilize, what will ultimately be called, the Google Defence - "How can I be responsible for what others
are searching for?" However, the MPAA is banking on that the 100 Trackers targeted will merely settle the suits and not go to court. Look for the Electronic
Frontier Foundation to step in...
>>> Digihear? December 2004
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