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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