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From: mpaa23@pacbell.net Subject: Unauthorized Distribution of DeCSS (Reference#: 77715)
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
UNITED STATES
Wednesday, March 21, 2001
Via Fax/Email
RE: Illegal Provision of DeCSS/Circumvention Device
T*>
Dear support@csd.net :
The Motion Picture Association (MPA) represents the following motion picture
production and distribution companies:
Columbia Pictures Industries, Inc.
We have received information 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, Title 17 United States Code
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 prohibit the
“manufacturing, importing or offering to the public, providing, or otherwise
trafficking” in an unlawful circumvention device. (Title 17 United States Code
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. This conduct may also violate the laws
of other countries, international law, and/or treaty obligations.
We therefore demand that you take appropriate steps to cause the immediate removal
of DeCSS from the above identified Internet site, along with such other actions as
may be necessary or appropriate to suspend this illegal activity. Failure to comply
with this measure will subject you to liability as described above.
We also request that you:
1. maintain and take whatever steps are necessary to prevent the destruction of all
records, including electronic records, in your possession or control related to
this Internet site, account holder or subscriber, and
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 email address provided above.
By copy of this letter, the owner of the above referenced Internet site 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.
Please contact us at the above listed address or by replying to this email if you
should have any questions.
Thank you for your cooperation in this matter. Your prompt response is requested.
Respectfully,
Hemanshu Nigam |