[unisog] Chronicle of Higher Ed. article on NetPD
rmerywea at utk.edu
Thu Nov 8 01:04:05 GMT 2001
The following below is a notice that we have recieved from NETPD, so not to
make this a long thread I have decided not to include the thirty or so other
emails that have been sent to NETPD POC's that are listed on there home page
and some to Bruce you yourself, requesting that you contact the POC for the
University of Tennessee.
Notice the below notice is sent now to a Mr. John Baxter who by the way
resides in Memphis. Although NETPD was given full information about a DMCA
Agent, UT Webpage, and the Web Page for the Copyright office for contacting
the proper DMCA Agent they, Bruce you also fail to correct this
situation?????????????? Now at the begining of this paragraph I said Mr.
Baxter is in Memphis, which is interesing since the IP quoted below resides
at the UTK campus here in Knoxville and to me the Security Manager of UT
Knoxville & Memphis. Previous complaints from NETPD have gone to the UTK
campus before and were looked into as well as a reponse providing and asking
NETPD to contact the appropriate DMCA Agent, at once again
So Bruce do you believe that NETPD can do this, this time?
Also please provide a digital signature as required by DMCA. For without
this you place the Universities and those you contact in a legal bind if the
defendant in these cases were to decide to legaly turn the tables and come
back and ask for the correctly formated complaint. For would NETPD then pay
our lawyer fees?
I do believe and support that organizations like NETPD have a place and are
attempting to do a job that is needed. But NETPD as well as others need to
do it in the correct way.
----- Original Message -----
From: <sony-notifications at netpd.com>
To: <jbaxter at utmem.edu>
Cc: <sony-notifications at netpd.com>
Sent: Wednesday, November 07, 2001 11:19 AM
Subject: Copyright Infringement
> Wed, 07 Nov 2001 18:19 +0100
> Dear BAXTER, JOHN:
> We believe your service is hosting the following site(s) on its system.
The site(s) are providing the following sound file(s) having names that
indicate the files contain recordings owned by Sony Music Entertainment Inc.
> IP ADDRESS PROTOCOL DATE FOUND FILENAME
> 184.108.40.206 FastTrack 2001-11-05 13:55:43
> 220.127.116.11 FastTrack 2001-11-05 17:27:39
> 18.104.22.168 FastTrack 2001-11-06 03:49:36 /3378/Incubus+-+Circles.mp3
> 22.214.171.124 Aimster 2001-11-06 00:05:08 michael jackson - you rock my
world (new single).mp3
> All times are denoted in GMT.
> We have a good faith belief that the above-described activity is not
authorized by the copyright owner, its agent, or the law. We assert that
the information in this notification is accurate, based upon the data
available to us.
> We are asking for your immediate assistance in stopping this unauthorized
activity. Specifically, we request that you remove the site or delete the
infringing sound files or that you disable access to this site or the
infringing files being offered via your system. In addition, please inform
the site operator of the illegality of his or her conduct and confirm with
us, in writing, that this activity has ceased.
> You should understand that this letter constitutes notice to you that this
site operator may be liable for the infringing activity occurring on your
server. In addition, under the Digital Millennium Copyright Act, if you
ignore this notice, you and/or your company may be liable for any resulting
infringement. This letter does not constitute a waiver of any right to
recover damages incurred by virtue of any such unauthorized activities, and
such rights as well as claims for other relief are expressly retained.
> Very truly yours,
From: Bruce Ward [mailto:bruce at netpd.com]
Sent: Wednesday, November 07, 2001 3:07 PM
To: Peter Van Epp
Cc: unisog at sans.org
Subject: Re: [unisog] Chronicle of Higher Ed. article on NetPD
Thank you for the suggestion. Our software is not really in a
'packageable' form. The P2P networks change frequently forcing us to
update our software, sometimes more than once a day. I will keep your
suggestion in mind for future consideration.
Peter Van Epp wrote:
> I'm in somewhat the same boat as Mr DelVecchio (but without wired
>residence halls so far thank god :-)) in that it would be useful to be able
>to demonsrate the offending content is indeed available. While I could grab
>clients for all this long list of things and install them all (taking care
>to denature them so they don't of themselves share files of course), that
>take a long time. I expect my site (and perhaps others) would be willing to
>buy a package that would fetch such content given the data in your notice
>that didn't open you up to sharing files while doing so. I wouldn't mind
>pointing such a tool at some of the sites around my campus that my argus
>identify as probable file sharing sites with or without an external
>Peter Van Epp / Operations and Technical Support
>Simon Fraser University, Burnaby, B.C. Canada
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