COPYRIGHT CASES FILED AGAINST WOS - DMCA-52835546

The following messages are copyright © their author and Martijn van der Heide of ThunderWare Research Center.
It is illegal to reproduce them in any form or by any means without prior permission.
For more information and other copyright related material, please refer to the Copyrights section of this site.


From: Entertainment Software Association <dmca@theESA.com>
To: xxxxxxxxxx
Subject: Case ID 52835546 - Notice of Claimed Infringement
Date: Friday, 8 April 2005 17:31


April 8, 2005

Entertainment Software Association
Attention: Piracy Enforcement Officer
1211 Connecticut Avenue, NW, Suite 600
Washington, DC 20036 USA

Telephone: 202-223-2400
Fax: 202-223-2401
E-mail: dmca@theESA.com

Reference: Unauthorized Distribution of Copyrighted Interactive
Games
Site(s)/URL(s): 194.151.30.12

Dear xxxxxxxxxx,

The Entertainment Software Association ("ESA"), formerly known as the
Interactive Digital Software Association, is a United States trade
association which represents the intellectual property interests of
twenty-four international companies, as mentioned in the appendix, that
publish interactive games for video game consoles, personal computers,
handheld devices and the Internet. The ESA members hold the exclusive
copyrights in their respective interactive active games.

ESA is providing this letter of notification in light of violation of
the Dutch Copyright Act (Auteurswet 1912), to make xxxxxxxxxx
aware of material on its network or system that infringes the
exclusive copyright rights of and is unlawful towards one or more ESA
members.

Based on the information at its disposal on 4/7/2005 at 3:38 p.m. EDT
(GMT -0400), the ESA notifies you that the internet site found at
194.151.30.12 ("Site(s)"), offers for sale one or more unauthorized
copies of game products protected by copyright, including, but not
limited to:

Doom 3 (Retail version)

The unauthorized copies of such game product(s) appearing on, or made
available through, such Site(s) are listed and/or identified thereon by
their titles, variations thereof or depictions of associated artwork and
trade marks (any such game titles, copies, listings and/or other
depictions of, or references to, any contents of such game product
hereinafter referred to as "Infringing Material").

The copyright holders represented by ESA have not authorized the
reproduction or distribution of their works in this way. Therefore, the
unauthorized reproduction, distribution and the public offering of the
afore-mentioned games constitute an infringement of the copyright in the
games, a criminal offense and are unlawful towards the right owners.

Accordingly, ESA hereby requests xxxxxxxxxx to
immediately remove or disable access to the Infringing Material at the
URL address identified above. Under penalty of perjury, I hereby affirm
that the ESA is authorized to act on behalf of the above mentioned ESA
members whose exclusive copyrights we believe to be infringed as
described herein. xxxxxxxxxx may contact the ESA through
the undersigned by the information provided above.

Please inform us as to whether you will remove or disable access to the
Infringing Material as requested.

Thank you for your prompt response and cooperation in this matter.

Sincerely,



Robert L. Hunter, IV
Entertainment Software Association

------------------------------
Infringement Detail:
Infringing Work: Doom 3 (Retail version)
URL: void.thunderteam.org/doom3.html
First Found: 7 Apr 2005 15:38:55 EDT (GMT -0400)
Last Found: 7 Apr 2005 15:38:55 EDT (GMT -0400)
IP Address: 194.151.30.12
IP Port: 80
Network: HTTP
Protocol: HTTP




Note: The information transmitted in this letter 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.
                                                                                

From: Martijn van der Heide
To: dmca@theESA.com
Subject: Re: Case ID 52835546 - Notice of Claimed Infringement
Date: Mon, 11 Apr 2005 18:12:18 +0200 (CEST)

Hello ESA,

> Infringement Detail:
> Infringing Work: Doom 3 (Retail version)
> URL: void.thunderteam.org/doom3.html
> First Found: 7 Apr 2005 15:38:55 EDT (GMT -0400)
> Last Found: 7 Apr 2005 15:38:55 EDT (GMT -0400)
> IP Address: 194.151.30.12
> IP Port: 80
> Network: HTTP
> Protocol: HTTP

While I will immediately agree that the worthwhile content of any of
today's games is indeed around 790 bytes (the size of the webpage at the
URL you gave) - or, perhaps more appropiately, 189 bytes as per the size
of the doom3.zip file linked from that URL, I believe your 20 line
Internet scanner perl script left you in the cold once again.
Perhaps a humanoid should have checked or your script updated to take
filesizes into account?

You will understand that no action will be taken at this end. However, as
per the protocol of claims, I shall require a reply from you where you
withdraw your claim, so our ticket can be closed.

Kind regards,

Martijn.
                                                                                

Back

[Mail] [Index]