Mr. Siegel -
We are in receipt of your correspondence requesting that we "immediately and permanently cease and desist from unauthorized copying and/or distribution" of certain claimed works of intellectual property.
Thank you so much for taking the time to make us aware of this matter.
To aid in our investigation of the situation, and in furtherance of a deeper understanding of your legally-constituted role in such, we ask that you forward to our attention the forensic reporting on which you base your allegations. We naturally understand that your expertise in such matters runs considerably deeper than ours. Nevertheless, let us suggest that digitally hashed (with a non-reversible/non-rainbowed algorithm, of course) .pcaps of the alleged transfers will be a good starting point. Full server-side logfiles corresponding to these packet-layer captures will be needed to independently validate the legitimacy of the tcpdump output, it goes without saying. Router-layer log data is always helpful - we're sure you concur - so please do send those along, as well. If they're in a nonstandard format, a pointer to relevant documentation of such is much appreciated.
We also ask that you provide us with your preferred independent forensic examiners, so that we may review their credentials and historical experience in documenting such matters. We, needless to say, have several examiners with which we are personally familiar - but it would be unseemly for us to suggest that our own contacts would be of more relevance than those which you will certainly be able to suggest from past working experience.
Once we have completed the necessary work to forensically validate your assertions (as set forth in the quoted correspondence included below), we will be in a much better position to begin the process of responding to the rather novel legal interpretation you suggest. Carts not belonging before their respective horses, let us first work through the forensic issues; obviously, there's no point in arguing legal matters if (in purely hypothetical terms) you lack any sort of independent, forensically sound basis on which to make said allegations.
That we neither "copy" nor "distribute" anything whatsoever is a matter of basic factual reality: we merely route packets, neutrally & without any involvement in either their payload or their header data. As such, we're at a loss to imagine exactly how we could "cease and desist" from doing either of the action-verbs you cite. Irrespective, the question of valid & independently verifiable forensic data comes first.
Finally, as we have not in the past found it productive to engage in "discussions" with automated extortion-bots, we ask that you provide some manner through which we can confirm that these emails from you are coming from, well... from you, and not from a programmatic extortion-bot. Given the provisions of the CAN-SPAM Act, you will understand our concern that honouring an illegal spambot with "replies" would border on dark satire. Rather, we report those individuals programming and profiting from such illegal spambots to the relevant legal authorities for prosecution. Help stop spam, &c.
The rule of law applies to everyone, and nobody is exempt from the provisions of criminal law merely because of how many lobbyists they employ nor how unseemly the intertwining of those lobbyists with the mechanisms of governance in your "Land of the Free," and all that.
Anyhow.
Thank you again for your deep concern in protecting artists from nefarious intent - particularly the notable artistic talent which has produced for the human cultural world's eternal appreciation.... let's see. Ah, yes:
Family Comes First. A truly priceless artifact of our shared culture, truly worthy of the strongest forms of intellectual property enforcement.
It warms one's heart - literally, our hearts heat by measurable degrees as we type these very words - to see such selfless dedication to the beloved, cherished core of our social environment: protecting the lone artists from piratical plunder, and so on. In short, it is a refreshing pleasure to find someone who selflessly seeks to ensure that creative people receive full and just reward for their contributions to our shared culture. Bravo! Hoora! Tally-ho!
Best regards,
~ cryptostorm
ps: we had no idea that poor old port 1043 was an "unauthorized port" - would you be so kind as to send along the relevant citation to IETF documentation on that question? It's news to us!
==================================
On 14-02-24 06:56 AM, {hosting company} - Abuse Desk wrote:
> ** This is an automated e-mail to inform you of an abuse complaint **
>
> ABUSE TYPE: COPYRIGHT
> MAXIMUM RESPONSE TIME: 24 hours
> IP: {node IP}
>
>
> Dear customer,
>
> This message is to inform you we received a complaint regarding
> an IP assigned to you. Please see the complaint at the bottom
> of this e-mail. We urge you to take appropriate action to prevent
> future complaints.
>
> Please note: the complaint has been processed by an automated system.
> If you feel the complaint is invalid, please contact the complainant.
>
> Failure to take action might result in an IP block of the mentioned IP.
>
> Kind regards,
>
> {hosting company}, Inc. - Abuse Desk
>
>
> ***** ADDITIONAL INFORMATION BY SIRT *****
> ******************************************
> ORIGINAL COMPLAINT BELOW
> ******************************************
>
> ***NOTE TO {hosting company}: PLEASE FORWARD THIS ENTIRE NOTICE TO ACCOUNT HOLDER OF IP ADDRESS {node IP} at 2014-02-22 20:20:34 North American Eastern Time***
> February 24, 2014
> Re: Notice of Unauthorized Use of Copyrights Owned by Zero Tolerance Entertainment Case #: P58989983
>
> CEG TEK International ("CEG") represents Zero Tolerance Entertainment, who owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the "Work"). For independent confirmation that CEG is authorized to represent Zero Tolerance Entertainment, please visit:
http://www.zerotolerance.com/cegtek.php (Some individuals may find certain words in titles of works to be offensive. CEG apologizes in advance if this is the case.)
>
> This notice is intended solely for the primary {hosting company} service account holder. Someone using this account has engaged in the unauthorized copying and/or distribution of the Work listed below.
>
> Evidence:
> Work Title: Family Comes First
> Copyright Owner: Zero Tolerance Entertainment
> Unauthorized File Name: Family Comes First
> Unauthorized Hash: 987897166aaf26be2552779841601b5e147b9cc3
> Unauthorized File Size: 1284512295 bytes
> Unauthorized Protocol: BitTorrent
> Timestamp: 2014-02-22 20:20:34 North American Eastern Time
> Unauthorized IP Address: 192.96.201.86
> Unauthorized Port: 1043
>
> The following files were included in the unauthorized copying and/or distribution:
> File 1: Family Comes First/1 veronica.mp4
> File 2: Family Comes First/2 jessa.mp4
> File 3: Family Comes First/3 stevie.mp4
> File 4: Family Comes First/4 india.mp4
>
>
> CEG TEK International ("CEG") hereby notifies you that unauthorized copying and/or distribution of Zero Tolerance Entertainment's Work listed above is a violation of the U.S. Copyright Act, 17 U.S.C. 106. In this regard, request is hereby made that you and all persons using this account immediately and permanently cease and desist from unauthorized copying and/or distribution of the Work.
>
> CEG informs you that you may be held liable for monetary damages, including court costs and/or attorney fees if a lawsuit is commenced against you for unauthorized copying and/or distribution of the Work listed above. You have until Wednesday, March 26, 2014 to access the settlement offer and settle online. To access the settlement offer, please visit
https://www.copyrightsettlements.com/ and enter Case #: P58989983 and Password: 73cgc. To access the settlement offer directly, please visit
https://www.copyrightsettlements.com/?u ... 83&p=73cgc
>
> Settlement Information:
> Direct Settlement Link:
https://www.copyrightsettlements.com/?u ... 83&p=73cgc
> Settlement Website:
https://www.copyrightsettlements.com/
> Case #: P58989983
> Password: 73cgc
>
> To review independent confirmation that CEG is engaged and authorized to act on behalf of Zero Tolerance Entertainment, please visit:
>
http://www.zerotolerance.com/cegtek.php
>
> If you fail to respond or settle within the prescribed time period, the above matter may be referred to attorneys representing the Work's owner for legal action. At that point the original settlement offer will no longer be an option, and the settlement amount will increase significantly.
>
> Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Zero Tolerance Entertainment's rights or remedies, all of which are specifically retained and reserved.
>
> The information in this notice is accurate. CEG has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. CEG and the undersigned declare under penalty of perjury, that CEG is authorized to act on behalf of Zero Tolerance Entertainment.
>
> Sincerely,
>
> Ira M. Siegel, Esq.
> Legal Counsel
>
> CEG TEK International
> 8484 Wilshire Boulevard, Suite 515
> Beverly Hills, CA 90211
>
> Toll Free: 877-526-7974
> Email:
support@cegtek.com
> Website:
http://www.copyrightsettlements.com
>
>
> This is an automated email. If you have questions or concerns, please visit us at
http://www.copyrightsettlements.com/contact_us.html. Replies sent to
dmca@copyrightsettlements.com are not read.
>
--
cryptostorm_team: info_dorkbot @ the cryptostorm darknet
forum: cryptostorm.ch
plaintext-web: cryptostorm.is
bitmessage: BM-NAueHWwiZQ26TgX9iXPqtiMjMBB5dc5t
twitter: cryptostorm_darknet
I'm literally laughing while writing this just because I remember reading through that. I won't link directly to that because it's like 10 documents but you can find it on the page I linked.
