Mark,
MediaSentry Copyright Infringement wrote:
RE: Unauthorized Distribution of the Copyrighted Motion Picture
Entitled Matrix: Reloaded, The
Dear Fredy Kuenzler:
We are writing this letter on behalf of Warner Bros. Entertainment
Inc. (Warner Bros.).
We have received information that an individual has utilized the
above-referenced IP address at the noted date and time to offer
downloads of copyrighted motion picture(s) through a peer-to-peer
service, including such title(s) as:
Matrix: Reloaded, The
The distribution of unauthorized copies of copyrighted motion
pictures constitutes copyright infringement under the Copyright Act,
Title 17 United States Code Section 106(3). This conduct may also
violate the laws of other countries, international law, and/or treaty
obligations.
According to the Swiss law, where our customer is subject to, to make
one copy of copyrighted material for personal use (not for sale) is
allowed. If you want to sue this customer, you have to observe the Swiss
law.
Since you own this IP address, we request that you immediately do the
following:
Please note that the respective IP address is not owned by me nor Init
Seven AG nor Kuenzler Communications GmbH, but it's an IP address of the
address block Init Seven AG has received from RIPE and is delegated to a
customer of Init Seven AG.
1) Disable access to the individual who has engaged in the conduct
described above;
We won't. We are an Internet Service provider in Switzerland and obey
only Swiss law. This law does not forsee to 'play police' for internet
Service providers for so called 'illegal behaviour'. Also, as mentioned
above, it's legal to do one copy of copyrighted material for personal use.
and 2) Take appropriate action against the account holder under your
Abuse Policy/Terms of Service Agreement.
See above.
On behalf of Warner Bros., owner of the exclusive rights to the
copyrighted material at issue in this notice, we hereby state, that
we have a good faith belief that use of the material in the manner
complained of is not authorized by Warner Bros., its respective
agents, or the law.
Also, we hereby state, under penalty of perjury, under the laws of
the State 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 owner of the exclusive rights
being infringed as set forth in this notification.
Please contact us at the below-listed address or by replying to this
email should you have any questions. Kindly include the Case ID
1070964, also noted above, in the subject line of all future
correspondence regarding this matter.
We appreciate your assistance and thank you for your cooperation in
this matter. Your prompt response is requested.
Respectfully,
Mark Weaver, Director of Enforcement MediaSentry, Inc. 304 Park
Avenue South, 11th Floor New York, NY 10010 (212) 925-9997
Please note that I cc'ed this message to the public Newsgroup ch.admin
as well to the mailing list [EMAIL PROTECTED], which is a public forum
for such issues. For this, I anonymized the IP address of the respective
customer.
I believe that if Warner Bros. wants to protect it's
copyrights in Switzerland, they must discuss it on a political platform
in Switzerland, since we are a democratic country, in order to achieve a
law change. Warner Bros. must, as all citizens in Switzerland, obey the
Swiss law.
Respectfully,
Fredy Kuenzler
Init Seven AG
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