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is this a valid MPAA letter?

Discussion in 'BlackHat Lounge' started by Meres, Mar 13, 2011.

  1. Meres

    Meres Junior Member

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    my host forwarded me this with regards to a movie site i have running. the site doesnt really have copyrighted material. it doesnt even link to any material. it does however have the text of the url of where the movies can be found.

    anyway is this legit? looks pretty professional but im thrown off by the president of the MPAA using an email of antipiracy@copyright.org

    Code:
    MOTION PICTURE ASSOCIATION OF AMERICA, INC. 
    15301 VENTURA BOULEVARD, BUILDING E 
    SHERMAN OAKS, CALIFORNIA 91403 
    Mr. Kevin Suh 
    Senior Vice-President 
    Content Protection, Internet 
    PHONE: [URL="tel:%28818%29%20935-5813"](818) 935-5813[/URL] 
    FAX: [URL="tel:%28818%29%20285-4407"](818) 285-4407[/URL] 
    E-MAIL: [EMAIL="antipiracy@copyright.org"]antipiracy@copyright.org[/EMAIL] 
    VIA E-MAIL 
    Mr. Dody Lira 
    SoftLayer Technologies, Inc. 
    4849 Alpha Road 
    Dallas, TX 75244 
    [EMAIL="copyright@softlayer.com"]copyright@softlayer.com[/EMAIL] 
    March 10, 2011 
    Re: Notice of Infringement of *********.org 
    Dear Mr. Lira: 
    The Motion Picture Association of America, Inc.  (“MPAA”) represents each of the major motion picture  studios in the United States, specifically, Paramount Pictures  Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox  Film Corporation, Universal City Studios LLC, Universal City Studios  Productions LLLP, Warner Brothers Entertainment Inc., Walt Disney  Studios Motion Pictures, and their respective affiliates (collectively,  the “MPAA Member Studios”), which own or control  exclusive rights under copyright in and to a vast number of motion  pictures and television shows worldwide. 
    We are writing to notify you of, and request your assistance in  addressing, the extensive copyright infringement of motion pictures and  television shows that is occurring by virtue of the operation of the  Internet website ********.org (the “Website”),  which we have reason to believe is hosted by Softlayer Technologies,  Inc. (“ISP”). 
    Attached as Exhibit A is a list of some of the motion pictures and  television programs that are owned or controlled by the MPAA Member  Studios and that are being infringed by the Website. Exhibit A is  provided as a representative sample of the infringements being committed  as a result of the operation of the Website and to demonstrate the  readily-apparent nature of the massive infringement occurring thereon.  The list is not intended to suggest that the identified infringements  are the only ones occurring on the Website. Having been informed,  through the representative list, of the nature and scope of  infringements occurring on these websites, we hope that you will act  appropriately to address all infringement on the Website, not merely the  identified representative examples. 
    Exhibit A, moreover, merely provides concrete examples of what is  obvious from even a cursory review of the Website. The Website  – your customer – blatantly infringes the MPAA  Member Studios’ copyrights and countless other copyrights.  Indeed, copyright infringement is so prevalent on the Website that  infringement plainly is its predominant use and purpose. 
    By this notification, we are asking for your immediate assistance in  stopping your customer’s unauthorized activity. Specifically,  we request that you remove or disable access to the infringing Website  in accordance with either 17 U.S.C. § 512(c)(3)(A)(ii) (DMCA  “representative list” provision), 17 U.S.C.  § 512(i)(1)(A) (DMCA “repeat infringer”  provision), and/or Softlayer’s Acceptable Use Policy, which  prohibits use of your facilities for copyright infringement, see [URL]http://www.softlayer.com/legal/acceptable-use-policy/[/URL]. 
    We are providing this notice based on our good faith belief that the  use of motion pictures and television programs owned by the MPAA Member  Studios in the manner occurring via the Website is not authorized by  the copyright owners, their agents, or the law. The information in this  notification is accurate and, under penalty of perjury, we are  authorized to act on behalf of the MPAA Member Studios, which own or  control exclusive rights under copyright that are being infringed in the  manner described herein. This letter is without prejudice to the rights  and remedies of the MPAA Member Studios and their affiliates, all of  which are expressly reserved. 
    If you have any questions, please contact me by telephone at [URL="tel:818-935-5859"]818-935-5859[/URL], or via email at [EMAIL="antipiracy@copyright.org"]antipiracy@copyright.org[/EMAIL]. 
    Very truly yours, 
    
    Kevin Suh 
    Attachment 
    
    
    EXHIBIT A 
    The Green Hornet 
    link to site
    The Social Network 
    link to site  
     
  2. Choronzon

    Choronzon Power Member

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    Yes it looks pretty legit to me. If you are infringing their copyright then you probably suspect this already.
     
  3. valentinc

    valentinc Newbie

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    Looks pretty legit!
     
  4. Meres

    Meres Junior Member

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    ive done some research and found that sometimes people will send fraud dmcas. its possible that one of the sites i advertise on or a competitor has sent this. my hosting company mentioned that i can send a counter-notice. and if they are not legit there will be no reponse from the mpaa. has anyone done this with success?
     
  5. eyerish

    eyerish Regular Member

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    Occupation:
    Jack of all trades...master of bating
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    Boston, MA
    Call the number that was posted and ask....You will most likely get a secretary, but it would be my first move.
     
  6. pyronaut

    pyronaut Executive VIP

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    In my experience, I have never got one quite like that. I run a small hosting company that hosts a few movie linking sites (turn a blind eye).

    1. Every DMCA I have ever received has been from a lawyer type group that pursue copyright infringments on behalf of movie corporations or individual studios.

    2. For movies we have received maybe a dozen? Not one has been directly from the MPAA.

    3. In EVERY DMCA we have ever received except one, they have only pointed to an individual movie and said can we please take it down. Only once has it been an entire site, and that was because it was a TV series and they obviously aren't going to point to one season or episode, it will be the entire site.

    So, in short, as others have posted call the number and see who you get. However if he was smart, he would simply send it using a real name of someone who works for MPAA etc.

    I would recommend simply changing hosts and see what happens.
     
  7. Rob Whisonant

    Rob Whisonant Junior Member

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    If you ever make a counter-notice on a DMCA you better make sure you are in the right 100%. Once you file a counter-notice the next step is for them to file against you in court. Since you can actually get prison time for DMCA violations, you never want to play games with them. Once they win, the gov could actually go after you for filing a fraudulent counter-notice.
     
  8. fenway

    fenway Newbie

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    I got the same email. Then I got a fedex with the same notice in it (I did not use a proxy). As said above they listed two movies. I took the site down anyway-I wasn't really using it.
     
  9. wowhaxor

    wowhaxor Executive VIP Premium Member

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    DMCAs are easy. Just remove the specific video they mention. Usually they are just going after new/not yet released titles. Remove the one or two links they mention and then its all good unless you're one of the really big sites out there.
     
  10. Vartox

    Vartox Registered Member

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    Hi, I got some similar email today. I almost shit my pants. So I deleted all the content of my site,

    Should I get worried?

    Thanks in advance



    Date: January 25, 2012

    Custodian of Records
    Christian Investments LLC d/b/a Protected Domain Services
    125 Rampart Way
    Suite 300
    Denver CO 80230

    Via email: dns@protecteddomainservices.com;
    watchfreetvshowblabla.com@protecteddomainservices.com


    Dear Protected Domain Services:

    I, the undersigned, state UNDER PENALTY OF PERJURY that:

    The Motion Picture Association of America, Inc. ("MPAA") represents each
    of the major motion picture studios in the United States, specifically,
    Paramount Pictures Corporation, Sony Pictures Entertainment Inc.,
    Twentieth Century Fox Film Corporation, Universal City Studios LLC,
    Universal City Studios Productions LLLP, Warner Brothers Entertainment
    Inc., Walt Disney Studios Motion Pictures, and their respective
    affiliates, which own or control exclusive rights under copyright in and
    to a vast number of motion pictures and television shows worldwide.

    I have good faith that, on the above noted date, the domain name
    Watchfreetvshowblbla.com was used to sell or to materially contribute to
    the distribution of copyrighted motion pictures. The title(s) offered
    included, but were not limited to:

    Glee Season 1 Episode 1
    http://watchfreetvshowblabla.com/glee/season/2/episode/1

    Glee Season 2 Episode 3
    http://watchfreetvshowblabla.com/glee/season/2/episode/3

    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 512. We believe this conduct may also
    violate the laws of other countries, international law, and/or treaty
    obligations, as well as the terms of service for domain registration under
    ICANN regulations.

    We have attempted to communicate with the holder of this domain name;
    however the contact information is secured in privacy under your Protected
    Domain services.

    As the registrar of this domain name, we request that you immediately do
    the following:

    1. Provide contact information for the person(s) or entity registering
    this domain name, including name, physical address, telephone number, and
    email address.

    On behalf of the respective owners of the exclusive rights to the
    copyrighted material at issue in this notice, we hereby state 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 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 letter.

    Please contact us at the above listed address or by replying to this email
    should you have any questions.

    We thank you for your cooperation in this matter. Your prompt response is
    requested.


    Truthfully,

    Kevin Suh
    Senior Vice President
    Content Protection, Internet
    Motion Picture Association

    Antipiracy@copyright.org
     
  11. JohnG

    JohnG Junior Member

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  12. Vartox

    Vartox Registered Member

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    anyone know what i should do? im worried sick to death. :(
     
  13. pindleskin

    pindleskin Newbie

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    I think DMCA requires the copyright material owners to specify the exact URLs to be taken down of the site.
     
  14. googlemonster

    googlemonster Supreme Member

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    That Kevin Suh is a cunt, sent me one also, I'm gonna hunt him down chop him up and put 'im in a sweet and sour pork dish.
     
  15. safaristyle

    safaristyle Regular Member

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    fcuk this shit is getting dangerous day by day
     
  16. xXTITANXx

    xXTITANXx Registered Member

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    Don't drop the soap OP.
     
  17. meatro

    meatro BANNED BANNED

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    Just do what they say and you'll be fine. They don't have the time/money to be suing every single infringing site, so they're banking on you getting scared and taking the site down... That's the whole purpose of a cease and desist.

    Just take down whatever they asked you to and leave it alone. I've gotten these letters in the mail from Disney, I just got rid of the stuff in question, never responded and that was that.

    No reason to get scared.... Unless you want to be a rebel, keep providing their content and tell them to fuck off. Then they'll pull the guns out.
     
  18. marinello12

    marinello12 Newbie

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    Just check the header of the email, you will find the server and IP of the server that the mail was sent from. Just because it has an official MPAA email address in the 'FROM' doesn't mean its actually from them. Its
    's so easy to spoof DMCA Takedown notices.
     
  19. Vartox

    Vartox Registered Member

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    thanks you guys for all the help, i appreciated a lot. i took down the entire site, don't want anything to do with those whining bastards. :)