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DISCUSSION [email protected] 2 participants 2 messages Apr 1, 2002

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Subject: Unauthorized Circumvention Device

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436

UNITED STATES
Anti-Piracy Operations
PHONE: (818) 728 - 8127
Email: [email protected]

April 1, 2003

Via Fax/Email

RE:         Illegal Provision of Circumvention Device
Site/URL:   http://www.kernel.org [and mirrors, with unknown IP addresses]

Reference#: 343313

Dear [email protected]:

The Motion Picture Association (MPA) represents the following motion picture production and distribution companies:

Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
tro-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 commonly known as Linux. Linux is a software utility that circumvents the protection afforded by the Microsoft Windows Operating Systems DRM implementation, therefore circumventing the schemes designed for consumer content protection and permitting the copy of protected contents in whole or partially. As such, Linux is 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 Linux to the public on your system or network 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).

We therefore demand that you take appropriate steps to cause the immediate removal of Linux from the above identified Internet site, along with such other actions as may be necessary or appropriate to suspend this illegal activity. Failure to comply with this measure will subject you to liability as described above.
We also request that you:

1. maintain and take whatever steps are necessary to prevent the destruction of all records, including electronic records, in your possession or control related to this Internet site, account holder or subscriber, and

2. provide appropriate notice to the subscriber or account holder responsible for the presence of Linux on your system or network, advising him/her of the contents of this notice and directing that person to contact the undersigned immediately at the email address provided above.

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 DMCA, 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.

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

Respectfully,

Haminshu Nigam
Director
Worldwide Internet Enforcement