[committee] Fwd: FW: Notice ID: 214-3162539 Notice of Unauthorized Use of Metro Goldwyn Mayer Property

Jeremy Cole astro at jaram.net.au
Mon Mar 16 10:02:14 WST 2009


both the Pres and VP received this email this morning, i have set an agenda
item for tomorrows meeting

---------- Forwarded message ----------
From: David Farquhar-Smith <david.farquhar-smith at uwa.edu.au>
Date: Mon, Mar 16, 2009 at 8:38 AM
Subject: FW: Notice ID: 214-3162539 Notice of Unauthorized Use of Metro
Goldwyn Mayer Property
To: president at ucc.asn.au, vp at ucc.asn.au, secretary at ucc.asn.au


Hi,

The University was recently sent the enclosed automated request from
BayTSP, Inc. on behalf of MGM.  The request alleges that someone using
the UCC Internet connection downloaded/hosted an episode of Stargate
Atlantis.

This violates both the Commonwealth Copyright Act 1968 and the
University of Western Australia's Computer and Software Use Regulations.

Basically the request is cease and desist notice.  In other words the
individual who downloaded/hosted the episode should stop downloading and
or hosting it and delete it from their system.

Since we cannot easily determine who was responsible we would appreciate
it if you could please urgently send an email to all your users of the
UCC Internet connection such as:

               The University of Western Australia takes a very serious
view of its computer networks being misused to infringe copyright.  The
University has had two reports of illegal conduct during the last week.

               The purpose of this letter is to remind you of
Commonwealth Copyright Act 1968 and UWA's Computer and Software Use
Regulations with reference to the use of copyright material on
computers, networks and media.

               Unless you have the copyright owner's permission,
transmitting copyrighted material (including over the internet) and
copying such material in any way other than for legitimate academic or
personal use, is illegal and can expose you and UWA to civil and
criminal liability under copyright law.  This applies to all types of
copyright material, including music, films, games, software and other
works.

               Individuals caught illegally transmitting copyrighted
materials have faced legal action and had to pay thousands of dollars in
compensation.

               Staff and students must not put unauthorised copies of
copyrighted material on computers, networks or media owned by UWA.

               Nor should they put unauthorised copyrighted material on
the internet, or engage in activities such as peer-to-peer
'file-sharing' that are likely to promote or lead to copyright
infringements.

               Contravening UWA's Computer and Software Use Regulations
may result in disciplinary action as per section D of the University
Calendar.

               Please do not hesitate to contact the Student Internet
Support Office on 6488 3814 or email support at student.uwa.edu.au if you
have any questions.

               Luke Williams
               President
               University Computer Club

This would be much appreciated.



Regards,

David

David Farquhar-Smith
IT Policy Officer
Information Technology Services
The University of Western Australia
Phone: +61 8 6488 7434
Fax: +61 8 6488 3861
Email: david.farquhar-smith at uwa.edu.au
CRICOS Provider No. 00126G

Postal Address
M463
35 Stirling Highway
Crawley, Western Australia 6009

Delivery Address
2nd floor Motorola Building
Cnr Fairway and Cooper Street
Crawley, Western Australia 6009


-----Original Message-----
From: mgm2-no-reply at copyright-compliance.com
[mailto:mgm2-no-reply at copyright-compliance.com]
Sent: Thursday, 5 March 2009 6:51 AM
To: ITPolicy at uwa.edu.au
Subject: Notice ID: 214-3162539 Notice of Unauthorized Use of Metro
Goldwyn Mayer Property

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Notice ID: 214-3162539
Notice Date: 4 Mar 2009 21:50:43 GMT

University of Western Australia

Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Metro
Goldwyn Mayer (collectively, "MGM") has authorized BayTSP to act as its
non-exclusive agent for copyright infringement notification.  BayTSP's
search of the protocol listed below has detected infringements of MGM's
copyright interests on your IP addresses as detailed in the attached
report.

BayTSP has a reasonable good faith belief that use of the material in
the manner complained of in the attached report is not authorized by
MGM, its agents, or the law.  The information provided herein is
accurate to the best of our knowledge.  Therefore, this letter is an
official notification to effect removal of the detected infringement
listed in the attached report.  The Berne Convention for the Protection
of Literary and Artistic Works, the Universal Copyright Convention, as
well as bilateral treaties with other countries allow for protection of
client's copyrighted work even beyond U.S. borders.  The attached
documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the
infringing material, as specified in the copyright laws, and insure that
the user refrains from using or sharing with others, unauthorized MGM
materials in the future.

Further, we believe 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.

Please respond indicating the actions that you have taken to resolve
this matter.  The provided link has been assigned to this matter:
http://webreply.baytsp.com/webreply/webreply.jsp?customerid=214&commhash
=9a1cb7f6eadc12af47b37998f611380f

For email correspondence, please reference the above Notice ID in the
subject line:
mailto:mgm2 at copyright-compliance.com?subject=RE%3A%20%20Notice%20ID%3A%2
0214%2D3162539%20Notice%20of%20Unauthorized%20Use%20of%20Metro%20Goldwyn
%20Mayer%20Property

Nothing in this letter shall serve as a waiver of any rights or remedies
of MGM with respect to the alleged infringement, all of which are
expressly reserved.  Should you need to contact me, I may be reached at
the following address:

Regards,

Mark Ishikawa
Chief Executive Officer
BayTSP, Inc.
PO Box 1314
Los Gatos, CA 95031
v: 408-341-2300
f:  408-341-2399
mgm2 at copyright-compliance.com

*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.

This infringement notice contains an XML tag that can be used to
automate the processing of this data.  If you would like more
information on how to use this tag please contact BayTSP.

Evidentiary Information:
Notice ID: 214-3162539
Recent Infringement Timestamp: 2 Mar 2009 01:03:52 GMT
Infringed Work:  Stargate Atlantis
Infringing FileName:  Stargate.Atlantis.S05E17.Infection.HDTV.XviD
Infringing FileSize:  365817356
Protocol:  BitTorrent
Infringing URL:  http://tpb.tracker.thepiratebay.org/announce
Infringers IP Address:  203.24.97.254
Infringer's DNS Name: bright-snat.ucc.asn.au
Infringer's User Name:
Initial Infringement Timestamp:  2 Mar 2009 01:03:52 GMT
Port ID: 53650


- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>

<Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"
xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringeme
nt_schema.xsd">
 <Case>
   <ID>3162539</ID>
   <Status>Open</Status>
 </Case>
 <Complainant>
   <Entity>BayTSP, Inc.</Entity>
   <Contact>Mark M. Ishikawa, CEO, BayTSP, Inc.</Contact>
   <Address>P.O. Box 1314, Los Gatos, California 95031 </Address>
   <Phone>(408) 341-2300,(408) 341-2399</Phone>
   <Email>mgm2 at copyright-compliance.com</Email>
 </Complainant>
 <Service_Provider>
   <Entity>University of Western Australia</Entity>
   <Address></Address>
   <Email>ITPolicy at uwa.edu.au</Email>
 </Service_Provider>
 <Source>
   <TimeStamp>2009-03-02T01:03:52.000Z</TimeStamp>
   <IP_Address>203.24.97.254</IP_Address>
   <Port>53650</Port>
   <DNS_Name>bright-snat.ucc.asn.au</DNS_Name>
   <Type>BitTorrent</Type>
   <UserName></UserName>
   <Number_Files>1</Number_Files>
   <Deja_Vu>No</Deja_Vu>
 </Source>
 <Content>
   <Item>
     <Title>Stargate Atlantis</Title>
     <FileName>Stargate.Atlantis.S05E17.Infection.HDTV.XviD</FileName>
     <FileSize>365817356</FileSize>
     <URL>http://tpb.tracker.thepiratebay.org/announce</URL>
   </Item>
 </Content>
</Infringement>
- ---End ACNS XML
-----BEGIN PGP SIGNATURE-----
Version: 8.0

iD8DBQFJrvffrfUdUdvxU+QRAvf9AJ9TlVrfGeofmP1joNB+wXhBKgGE6QCfddaS
twS0jyJaYL0LqSNGiT80AtE=
=BGjf
-----END PGP SIGNATURE-----






-- 


-- Jeremy Cole
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