We have received the following notification of copyright infringement regarding your site or regarding the site of one of your customers, www.hurant.com. In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, upon receiving such notification, Verio is required to act "expeditiously to remove, or disable access to" the alleged infringing material in order to avoid liability for copyright infringement. Accordingly, if we do not receive a response to this notice promptly, we will be forced to take action to remedy the situation.
Please note that the DMCA also provides procedures by which a customer accused of copyright violation can respond to the allegations of infringement and, under certain circumstances, cause his or her account to be reactivated. To do so, however, the counter notification must meet certain requirements. Pursuant to section 512(g) of the DMCA (17 U.S.C. § 512(g)), you may send Verio a counter notification which must include the following in order to be effective:
(a) A physical or electronic signature of the subscriber;
(b) Identification of the allegedly infringing material and the location at which the material appears, or if you have already removed the allegedly infringing material, or if Verio has already suspended your account, identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material has been identified as a result of mistake or misidentification of the material to be removed or disabled;
(d) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to jurisdiction of Federal District Court for the judicial district in which the subscriber's address is located. . . .
If you send Verio a counter notification that includes all of these items, Verio will forward your counter notification to the complainant. Also, Verio will advise the complainant that Verio will permit access to the allegedly infringing material in 10-14 business days. Unless the complainant notifies us that they have filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, Verio will then reinstate your account.
To read the DMCA, please see the link to the Act on http://lcweb.loc.gov/copyright/onlinesp/. You may wish to consult with your own attorney regarding your rights under applicable copyright law.
We appreciate your assistance in resolving this matter.
Sincerely,
VERIO
14 January 2005
Danna Thompson
Verio Inc
8005 S.Chester Street
Suite 200
Engelwood
80112
United States
Telephone: +1 303 858 1886
Fax: +1 303 792 3879
E-mail: copyright@verio.net
Ref: R4352
Re:
http://www.hurant.com/Radiohead/Audio/
Example file:
http://www.hurant.com/Radiohead/Audio/manc/Radiohead%20-%20Manchester%2022%20May%202003%20-%2012%20-%20myxamatosis.mp3
Dear Danna Thompson,
I am contacting you on behalf of the International Federation of the Phonographic Industry (IFPI) and its member record companies. The IFPI is a trade association whose member companies are some 1,450 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings. Under penalty of perjury, we submit that the IFPI is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.
We have learned that your service is hosting infringing files on its network (see above-referenced directory and example file). These files contain sound recordings by the artists known as Radiohead. These sound recordings are owned by one of our member companies and have not been authorized for this kind of use. We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.
We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing files from your system or that you disable access to the infringing files. In addition, please inform the site operator of the illegality of his or her conduct.
You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.
You may contact me at IFPI Secretariat, 54 Regent Street, London W1B 5RE, United Kingdom or email Notices@ifpi.org, to discuss this notice. We await your response.
Sincerely,
Internet Anti-Piracy Administrator
IFPI Secretariat
54 Regent Street
United Kingdom
Tel: +44 (0)20 7878 7915
E-mail: Notices@ifpi.org
Website: www.ifpi.org