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From: Mediacom Fraud & Abuse Dept.
To:
Sent: Friday, January 30, 2004 9:14 AM
Subject: Mediacom Online Copyright Infringement Piracy Policy:
COPYRIGHT INFRINGEMENT
Mediacom has received a notice that you or someone using your account for the Mediacom OnlineSM high-speed Internet service has posted, transmitted or shared with others certain copyrighted material without the permission of the owner, there by engaging in copyright infringement. A copy of that notice is attached.
If the complaint is true, this behavior violates the terms of your Customer and User Agreement and our Acceptable Use Policy for the Mediacom OnlineSM service. Your received copies of the Customer and User Agreement and our Acceptable Use Policy at the time your use of the Mediacom Online service began, and copies can also be reviewed online at http://www.mymediacom.tv/userpolicies.
Having received this notice, Mediacom is required by law to act expeditiously to remove or disable access to the files or other materials specified in the notice. Accordingly, we require that you immediately remove or disable access to all files and materials specified in the notice, as well as any others that you may be posting, transmitting or sharing (on a “peer-to-peer” basis or otherwise) without the permission of the copyright owner. If you do not do so within the next twenty-four hours, or if at any time we receive an additional complaint that that your account is being used to infringe any copyright with regard to these or other files or materials, Mediacom will exercise all of our rights and remedies, including, without limitation, by suspending or permanently terminating your use of the Mediacom OnlineSM service. Copyright infringement may also subject the infringer to liability to the copyright owner for as much as $150,000 for each infringement. Violation of copyright law is also a federal crime if done willfully with an intent to profit.
If the files or other materials that are the subject of the complaint have been “cached” by Mediacom or any of its vendors or posted by you on a website ,bulletin board, chat room or other web space that Mediacom or any of its vendors controls or hosts, then this notice is to also to inform you that, as required by the Digital Millennium
Copyright Act, we have take nor will take action to remove it or disable access.
We are also providing you with your right under the Digital Millennium Copyright Act to provide Mediacom with a counter-notification concerning the allegations of infringement. Your counter-notification must be in writing and substantially contain the following elements to be effective:
·Your physical or electronic signature.
·Identification of the files or materials that have been removed or to which we have disabled access or demanded that you disable access and the location at which such files or materials appeared before it was removed or access to it was disabled.
·Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
·You must provide us with your name, address and telephone number and you must state that you consent to the jurisdiction of the United States District Court for the district where you are located or if you live outside the United States, that you consent to the jurisdiction of the judicial district where we are located (Southern District of New York).
·You must also affirm that you will accept service of process from the agent or from the person who provided us the original notice of infringement.
If you wish to submit a counter-notification, send it by email to [email protected] or by postal mail to Mediacom Online Abuse, 100 Crystal Run Road, Middletown, New York 10941. Please be sure to include the name in which your Mediacom Online account is maintained and your account number.
If we receive a counter-notification meeting these requirements from you, we will promptly provide the sender of the original notice with a copy of your counter-notification. If Mediacom (or any of its vendors acting upon its instructions) itself has removed disabled access to the files or materials, we will also notify the sender that Mediacom will restore the removed items or cease disabling access (as the case may be) in ten business days unless the copyright owner or its agent notifies us within that period that it has filed an action seeking a court order to restrain the allegedly infringing activity.
You should know that if you knowingly misrepresent that the files or materials were removed or disabled by mistake or misidentification you will be liable for all damages, including costs or attorneys fees, incurred by us and the copyright owner.
We value your continued relationship as a customer. We sent this notice to in good faith and in the belief that you desire to ensure continued service from Mediacom.
Sincerely,
Mediacom Online
Fraud &Abuse Department
[email protected]
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Infringement Detail:
Infringing Work: Big Fish
Filename: [tmd]big.fish.(mpt).ts.(2of2).avi
First Found: 24 Jan 2004 14:39:30 EST (GMT -0500)
Last Found: 24 Jan 2004 14:39:30 EST (GMT -0500)
Filesize: 244,494k
IP Address:
IP Port: 7777
Network: KaZaA
Protocol: FastTrack
Username: userklite@KaZaA
Infringing Work: Big Fish
Filename: [TMD]Big.Fish.(MPT).TS.(1of2).avi
First Found: 24 Jan 2004 14:39:31 EST (GMT -0500)
Last Found: 24 Jan 2004 14:39:31 EST (GMT -0500)
Filesize: 256,346k
IP Address:
IP Port: 7777
Network: KaZaA
Protocol: FastTrack
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Sounds like its time to change to a less fussy ISP
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Damn... You have to hand it to them though... they certainly proved that they're serious. They even provided you with the file name and client used.
Like I_Delete_Fakes suggested, look for another ISP.
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Im in the UK not the US, but I put your letter on a forum page and got this reply:
"Back in Affinity days, it would have been possible.
I was their abuse dept towards the end, we used to send out 5/10 warnings like that a week.
If the customer didn't respond, we'd chase them up, if they responded, and assured us that the file had been removed from shared access (P2P/FTP server, whatever they originally did), we forgot about them..."
So if you want to stay with your current ISP just grovel and say it's all been removed and you won't be a bad boy EVER again :)
Hope this helps you ?
I know if I got that letter I'd be sweating and looking out my window every 10 mins
