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This is the response I sent to the MPAA concerning the letter they sent me concerning http://www.pungent.org/.
To: MPAA@copyright.org
From: owen@pungent.org
Subject: Re: Unauthorized Distribution of DeCSS (Reference#: 506919) (fwd)

To whom it may concern,

I wish to respond to the letter you inadvertantly sent to the wrong person. Your reference number for this letter is 506919.

You claim that there is some form of "circumvention device" at the URL "http://www.pungent.org".

I am the proper contact for all issues regarding any URL hosted anywhere within the pungent.org domain. Please make a note of this fact, and communicate directly with me regarding any future issues you might have regarding this domain.

There is no "circumvention device" at the URL "http://www.pungent.org/".

The domain is not hosted in the second circuit anyway, and the people involved with the domain do not reside within the second circuit.

You have not, as is required by DMCA, enumerated what it is you suspect in good faith is on said server. I was not able to find anything on that server resembling copyright circumvention software.

Even if there were a "circumvention device" on the server, it would be overly broad to "Disable access to this site" or to "Remove this site from your server". It is inappropriate for you to request or demand that another party take actions which could expose them to liability.

Please take appropriate action to insure any future cease and desist letters regarding the DMCA meet your own obligations under the DMCA.

By copy of this letter, Motion Picture Association of America and Worldwide Internet Enforcement are hereby directed to cease and desist from the conduct complained of herein.

Please contact me by replying to this email if you should have any questions. Kindly include the above noted Reference # (506919) in the subject line of all email correspondence.

Thank you for your cooperation in this matter. Your prompt response is requested.

Respectfully,

Nathan Wallwork
domain owner
pungent.org


> ---------- Forwarded message ----------
> Date: Mon, 12 Aug 2002 19:24:00 (GMT)
> From: MPAA@copyright.org
> To: security@UNM.EDU
> Subject: Unauthorized Distribution of DeCSS (Reference#: 506919)
>
> Motion Picture Association of America, Inc.
> United States Anti-Piracy Operations
> 15503 Ventura Boulevard
> Encino, California 91436
>
> Phone: (818) 728 - 8127
> Email: MPAA@copyright.org <mailto:MPAA@copyright.org>
>
> Monday, August 12, 2002
>
> Name: security@UNM.EDU
> Email: security@UNM.EDU
> ISP: University of New Mexico
>
> Via Fax/Email
>
>
> RE: Illegal Provision of DeCSS/Circumvention Device
> Site/URL: http://www.pungent.org/
>
> Reference #: 506919
>
> Date of Infringement: 2002-06-25 01:07:09 GMT
>
> Dear security@UNM.EDU:
>
> The Motion Picture Association of America (MPAA) represents the following motion picture production and distribution companies:
>
> Columbia Pictures Industries, Inc.
> Disney Enterprises, Inc.
> Metro-Goldwyn-Mayer Studios Inc.
> Paramount Pictures Corporation
> TriStar Pictures, Inc.
> Twentieth Century Fox Film Corporation
> United Artists Pictures, Inc.
> United Artists Corporation
> Universal City Studios, Inc.
> Warner Bros., a Division of
> Time Warner Entertainment Company, L.P.
>
> We have received information that the above referenced Internet site is providing a circumvention device that decrypts or unscrambles the contents of DVDs (consisting of copyrighted motion pictures) thereby circumventing the protection afforded by the Content Scramble System (CSS), permitting the copying of the DVD contents and/or any portion thereof. As such, the device constitutes an unlawful circumvention device within the meaning of the Digital Millennium Copyright Act, Title 17 United States Code Section 1201(a)(2)(3). Providing or offering this device to the public in the manner described herein violates the provisions of Section 1201(a)(2) which prohibit the 'manufacturing, importing or offering to the public, providing, or otherwise trafficking' in an unlawful circumvention device. (Title 17 United States Code Section 1201 et seq. hereafter is referred to as the 'DMCA').
>
> On November 28, 2001, the Second Circuit Court of Appeals, a federal appellate court, affirmed a decision of the Southern District of New York, a federal district court, holding that offering, providing, or trafficking in any device designed to circumvent CSS, violates the DMCA. The Second Circuit upheld the district court's permanent injunction against: (1) posting on any Internet site, or in any other way manufacturing, importing or offering to the public, providing, or otherwise trafficking in any technology primarily designed to circumvent CSS, and (2) linking any Internet web site, either directly or through a series of links, to any other Internet web site containing such a circumvention device.
>
> The Second Circuit's ruling makes clear that by providing this device, the above referenced Internet site violates the DMCA. This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
>
> We therefore request that you immediately do the following:
>
> 1) Disable access to this site;
> 2) Remove this site from your server; and
> 3) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
>
> By copy of this letter, the owner of the above referenced Internet site and/or email account is hereby directed to cease and desist from the conduct complained of herein.
>
> On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, pursuant to the DMCA that we have a good faith belief that the acts complained of are not authorized by the copyright owners, their respective agents, or the law.
>
> Also pursuant to Digital Millennium Copyright Act, we hereby state, under penalty of perjury under the law of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification.
>
> Please contact us at the above listed address or by replying to this email if you should have any questions. Kindly include the above noted Reference # in the subject line of all email correspondence.
>
> Thank you for your cooperation in this matter. Your prompt response is requested.
>
> Respectfully,
>
> Thomas Temple
> Director
> Worldwide Internet Enforcement

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