>Date: Tue, 29 Aug 2000 12:42:33 -0700 >From: mpaa23 >To: Hostmaster@unc.edu >Subject: [hostmaster] ils.unc.edu/inls183/resources.shtml#Dvd > > > >MOTION PICTURE ASSOCIATION OF AMERICA, INC. >15503 VENTURA BOULEVARD >ENCINO, CALIFORNIA 91436 > >UNITED STATES >Email: MPAA23@pacbell.net Is this a legitimate email address? It's not the address listed at http://www.mpaa.org For $19/month, I could sign up for "mpaa25@pacbell.net" >Anti-Piracy Operations > >UNC Hostmaster >University of North Carolina at Chapel Hill >ATN_CB#3420 Abernethy Hall >Chapel Hill, NC 27599-3420 >Hostmaster@unc.edu >Fax: 919-962-5604 > >Date: August 28, 2000 > >RE: Illegal Provision of DeCSS/Circumvention Device > >Site/URL: ils.unc.edu/inls183/resources.shtml#Dvd > MPAA File#: 5-671-294 > >Dear UNC Hostmaster: > >The Motion Picture Association of America is authorized to act on >behalf of the following copyright owners: > >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, Inc. >Warner Bros., a Division of >Time Warner Entertainment Company, L.P. > >We have knowledge that the above-referenced Internet site is providing >a circumvention device commonly known as DeCSS. And where on this site is the device (software)? Answer: it's not there. >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, 17 U.S.C. §1201(a)(2),(3). >Providing or offering DeCSS to the public on your system or network >violates the provisions of §1201(a)(2) which prohibits the >"manufacturing, importing or offering to the public, providing, or >otherwise trafficking" in an unlawful circumvention device. (17 >U.S.C. §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. No, they found 2600 Enterprises Inc. and Eric Corley a/k/a/ Emmanual Goldstein violated 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. No, they granted a permanent injunction against 2600 Enterprises Inc. and Eric Corley a/k/a/ Emmanual Goldstein for these things. This has no relevance to any other party in any other location. >The district court's ruling makes clear that by providing DeCSS, the >above- referenced Internet site violates the DMCA. We therefore >demand that you: Since the site doesn't provide DeCSS, there is no violation of the DMCA. >1) take appropriate steps to cause immediate removal of DeCSS from the >above identified URL, along with such other actions as may be >necessary or appropriate to suspend this illegal activity; "removal of DeCSS from the above identified URL"? Just what does this mean, anyway? Does the MPAA know what a URL is? If so, how can it contain a computer program? >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 e-mail address >provided above; Instead of the MPAA sending email to me directly, via the link on the page they are complaining about. >3) advise us of the name and physical address of the person operating >this site; and Instead of reading the page at the URL they are complianing about and getting my full contact data there. >4) maintain, and take whatever steps are necessary to prevent the >destruction of, all records, including electronic records, in your >possession or control respecting this URL, account holder or >subscriber. Yes, the MPAA wants us to destroy all our backup tapes and any record of the course syllabus. Including paper copies students may have received in class. >Failure to comply with these measures will subject you to liability >pursuant to the Copyright Act, 17 U.S.C. §101 et seq. I only wish that UNC had the chutzpah to stand up to the MPAA in April... >By copy of this letter, the owner of the above-referenced URL and/or >email account is hereby directed to cease and desist from the conduct >complained of herein. I have not received a copy or any other communication from the MPAA. >Thank you for your cooperation in this matter. Your immediate >response is requested. >The information in this notification is accurate, and we declare, >under penalty of perjury, that the Motion Picture Association is >authorized to act on behalf of the owner[s] of exclusive rights >described above. I doubt the accuracy. More importantly, if the letter is accurate it is certainly not truthful or written in good faith. >Should you have any questions, please contact us at the above listed address. >Respectfully, >The Motion Picture Association of America > > > > > > > > >2 > > >1 >DeCSS (Domestic) 08/28/00 Indicating there is also an international version. // Gregory B. Newby, Assistant Professor in the School of Information // and Library Science, University of North Carolina at Chapel Hill // CB# 3360 Manning Hall, Chapel Hill, NC, 27599-3360 E: gbnewby@ils.unc.edu // V: 919-962-8064 F: 919-962-8071 W: http://www.ils.unc.edu/gbnewby/