We are writing on behalf of Cox Communications to advise you that we have
received a notification that you are using your Cox High Speed Internet service
to post or transmit material that infringes the copyrights of a complainant's
members. We have included a copy of the complaint letter. Pursuant to the
provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified
at 17 U.S.C. � 512, upon receiving such notification, Cox is required to "act
expeditiously to remove, or disable access to" the infringing material in order
to avoid liability for any alleged copyright infringement. Accordingly, Cox
will suspend your account and disable your connection to the Internet within 24
hours of your receipt of this email if the offending material is not removed.
Please be aware that the DMCA also provides procedures by which a subscriber
accused of copyright violation can respond to the allegations of infringement
and, under certain circumstances, cause his or her account to be reinstated. To
do so, however, the response must meet certain criteria. Pursuant to section
(g) of the DMCA (17 U.S.C. � 512(g)), you have the right to submit to Cox a
counter-notification which, to be effective, must include the following
elements:
(a) a physical or electronic signature of the subscriber;
(b) identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or disabled;
(c) a statement under penalty of perjury that the subscriber has 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;
(d) the subscriber�s name, address, and telephone number and a statement that
the subscriber consents to the jurisdiction of the Federal District Court for
the judicial district in which the address is located.
In the event that you submit to Cox a counter-notification that includes these
elements, Cox will forward your counter notification to the complainant and
advise them that Cox will cease disabling access to the allegedly infringing
material in ten (10) business days. Unless the complainant notifies us that it
has filed an action seeking a court order to restrain you from engaging in the
allegedly infringing activity prior to the expiration of those ten (10) business
days, Cox will reactivate your account.
For answers to frequently asked questions, please follow the link below:
http://support.cox.com/sdccommon/asp/contentredirect.asp?sprt_cid=c2a30ae8-d706-
4f6e-beb9-618ea54d1791
Sincerely,
Cox Customer Security
--- Original Message ---
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA
Attention: Intellectual Property Enforcement
Telephone: 202-223-2400
E-mail: esa@copyright-compliance.com
2 Apr 2007 12:14:37 GMT
ISP: Cox Communications
ESA Reference Number: 182-6327044
Dear Cox Communications:
The Entertainment Software Association (ESA) is a U.S. trade association that
represents the intellectual property interests of numerous companies that
publish interactive games for video game consoles, personal computers, handheld
devices and the Internet in the United States and in other countries
(collectively referred to as ESA members). ESA is authorized to act on behalf
of ESA members whose copyright and other intellectual property rights it
believes to be infringed as described herein.
ESA is providing this notice pursuant to the Digital Millennium Copyright Act
and 17 USC � 512 (c) to make Cox Communications aware of material on its network
or system that infringes the exclusive copyright and other rights of one or more
ESA members. This notice is addressed to you as the agent designated by Cox
Communications to receive notifications of claimed infringement.
Based on the information at its disposal, ESA has a good faith belief that the
IP address below infringes the rights of one or more ESA members by offering for
sale or download unauthorized copies of game products protected by copyright, or
offering for sale or download material that is the subject of infringing
activities. The copyrighted works that have been infringed include but are not
limited to:
Title: The Elder Scrolls IV: Oblivion
Infringement Source: BitTorrent
Infringement Timestamp: 2 Apr 2007 08:08:18 GMT
Infringement Last Documented: 2 Apr 2007 08:08:18 GMT
Infringer Username:
Infringing Filename:
The.Elder.Scrolls.IV.Oblivion.The.Shivering.Isles.PROPER-RELOADED
Infringing Filesize: 3448021320
Infringer IP Address: 68.10.33.68
Infringer DNS Name: ip68-10-33-68.rn.hr.cox.net
Infringing URL: http://tpb.tracker.thepiratebay.org:80/announce.php
The unauthorized copies of such game product(s) or the material that is the
subject of infringing activities appears on or is made available through the
above-listed IP address. Those items are listed and/or identified thereon by
their titles or variations thereof, game-related
listings/references/descriptions, or depictions of game-related artwork. Such
copies, titles, game-related listings/references/descriptions, depictions, and
material that is the subject of infringing activities, are hereinafter referred
to as "Infringing Material."
Accordingly, ESA hereby requests Cox Communications to immediately do the
following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms
of Service Agreement, including termination of a repeat offender.
ESA believes that the information in this notification is accurate. Under
penalty of perjury, I hereby affirm that ESA is authorized to act on behalf of
ESA members whose exclusive copyright rights we believe to be infringed as
described herein. Cox Communications or the account holder may contact ESA at
the above-listed contact details, with email preferred. Please include the
above-noted Reference Number in the subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>
<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamesp
aceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd">
<Case>
<ID>6327044</ID>
<Status>Open</Status>
</Case>
<Complainant>
<Entity>Entertainment Software Association</Entity>
<Contact>Anti-Piracy Enforcement, Intellectual Property Enforcement
Manager</Contact>
<Address>575 7th Street, NW Suite 300, Washington, D. C. 20004 United States
of America</Address>
<Phone>1(202) 223-2400,1(202) 223-2401</Phone>
<Email>esa@copyright-compliance.com</Email>
</Complainant>
<Service_Provider>
<Entity>Cox Communications</Entity>
<Address></Address>
<Email>abuse@cox.net</Email>
</Service_Provider>
<Source>
<TimeStamp>2007-04-02T08:08:18.000Z</TimeStamp>
<IP_Address>68.10.33.68</IP_Address>
<Port>12045</Port>
<DNS_Name>ip68-10-33-68.rn.hr.cox.net</DNS_Name>
<Type>BitTorrent</Type>
<UserName></UserName>
<Number_Files>1</Number_Files>
<Deja_Vu>No</Deja_Vu>
</Source>
<Content>
<Item>
<Title>The Elder Scrolls IV: Oblivion</Title>
<FileName>The.Elder.Scrolls.IV.Oblivion.The.Shivering.Isles.PROPER-RELOADE
D</FileName>
<FileSize>3448021320</FileSize>
<URL>http://tpb.tracker.thepiratebay.org:80/announce.php</URL>
</Item>
</Content>
</Infringement>
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