Got a letter for dload from cox abuse tracking system

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Got a letter for dload from cox abuse tracking system

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damatrixz

Newbie

7. June 2004 @ 09:44

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they sent me a letter for downloading through direct connect software, dc++

i have peerguardian and sygate installed on machine

how could this happen

and wut can they do to me

Dear Customer,
>
> 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. Â§ 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. Â§ 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 subscriberÂ'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.
>
> Sincerely,
>
> The Cox Abuse Team
>
> --- The following material was provided to us as evidence ---
>
>
> [Part 0 (plain text)]
>
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Cox Communications
> 1400 Lake Hearn
>
>
>
>
>
> Re: Unauthorized Use of "MGM" Property
> Notice ID:122531
> Notice Date:4 Jun 2004 20:44:53 GMT
> Case ID: 2096656
>
> Dear Sir or Madam:
>
> "MGM", Inc. and its affiliated companies (collectively, "MGM") are the
exclusive owners of copyrights in motion pictures and television, including
the property listed below.
>
> It has come to our attention that Cox Communications is the service
provider for the IP address listed below, from which unauthorized copying
and distribution (downloading, uploading, file serving, file "swapping" or
other similar activities) of "MGM"'s (property)(s) listed below is taking
place. We believe that the Internet access of the user engaging in this
infringement is provided by Cox Communications or a downstream service
provider who purchases this connectivity from Cox Communications.
>
> This unauthorized copying and distribution constitutes copyright
infringement under Section 106 of the U.S. Copyright Act . Depending upon
the type of service Cox Communications is providing to this IP address, it
may have legal and/or equitable liability if it does not expeditiously
remove or disable access to the (property)(s) listed below, or if it fails
to implement a policy that provides for termination of subscribers who are
repeat infringers (see, 17 U.S.C. §512).
>
> Despite the above, "MGM" believes that the entire Internet community
benefits when these matters are resolved cooperatively. We urge you to take
immediate action to stop this infringing activity and inform us of the
results of your actions. We appreciate your efforts toward this common goal.
>
> The undersigned has a good faith belief that use of the (property)(s) in
the manner described herein is not authorized by "MGM", its agent or the
law. The information contained in this notification is accurate. Under
penalty of perjury, the undersigned is authorized to act on behalf of "MGM"
with respect to this matter.
>
> Please be advised that this letter is not and is not intended to be a
complete statement of the facts or law as they may pertain to this matter or
of "MGM"'s positions, rights or remedies, legal or equitable, all of which
are specifically reserved.
>
> Very truly yours,
>
> Sarah Bergman
> Compliance Manager
> BayTSP, Inc.
> PO Box 1314
> Los Gatos, CA 95031
>
> v: 408-341-2300
> f: 408-341-2399
>
> *pgp public key is available on the key server at ldap://keyserver.pgp.com
> Note: The information transmitted in this Notice is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, reproduction, retransmission,
dissemination or other use of, or taking of any action in reliance upon,
this information by persons or entities other than the intended recipient is
prohibited. If you received this in error, please contact the sender and
delete the material from all computers


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