>Date: Tue, 29 Aug 2000 12:42:33 -0700
>From: mpaa23 <mpaa23@pacbell.net>
>To: Hostmaster@unc.edu
>Subject: [hostmaster] ils.unc.edu/inls183/resources.shtml#Dvd
>
>
>
>MOTION PICTURE ASSOCIATION OF AMERICA, INC.
>15503 VENTURA BOULEVARD
>ENCINO, CALIFORNIA 91436
>
>UNITED STATES 
>Email: MPAA23@pacbell.net                                       

Is this a legitimate email address?  It's not the address listed
at http://www.mpaa.org

For $19/month, I could sign up for "mpaa25@pacbell.net"


>Anti-Piracy Operations
>
>UNC Hostmaster
>University of North Carolina at Chapel Hill
>ATN_CB#3420 Abernethy Hall
>Chapel Hill, NC 27599-3420
>Hostmaster@unc.edu
>Fax: 919-962-5604
>
>Date:	August 28, 2000  
>
>RE:	Illegal Provision of DeCSS/Circumvention Device
>
>Site/URL:	ils.unc.edu/inls183/resources.shtml#Dvd
>	MPAA File#: 5-671-294
>
>Dear UNC Hostmaster:
>
>The Motion Picture Association of America is authorized to act on
>behalf of the following copyright owners:
>
>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 knowledge that the above-referenced Internet site is providing
>a circumvention device commonly known as DeCSS.  

And where on this site is the device (software)?  Answer: it's not there.

>DeCSS is a software
>utility that decrypts or unscrambles the contents of DVDs (consisting
>of copyrighted motion pictures) or otherwise circumvents the
>protection afforded by the Contents Scramble System (CSS) and permits
>the copying of the DVD contents and/or any portion thereof.  As such,
>DeCSS is an unlawful circumvention device within the meaning of the
>Digital Millennium Copyright Act, 17 U.S.C. 1201(a)(2),(3).
>Providing or offering DeCSS to the public on your system or network
>violates the provisions of 1201(a)(2) which prohibits the
>"manufacturing, importing or offering to the public, providing, or
>otherwise trafficking" in an unlawful circumvention device.  (17
>U.S.C. 1201 et seq. hereafter is referred to as the "DMCA").

>On August 17, 2000, a federal district court in the Southern District
>of New York confirmed that offering, providing, or trafficking in
>DeCSS, or any other device designed to circumvent CSS, violates the
>DMCA. 

No, they found 2600 Enterprises Inc. and Eric Corley a/k/a/
Emmanual Goldstein violated the DMCA.

>The district court granted a 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 DeCSS or any other 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 DeCSS.

No, they granted a permanent injunction against 2600 Enterprises
Inc. and Eric Corley a/k/a/ Emmanual Goldstein for these things.
This has no relevance to any other party in any other location.


>The district court's ruling makes clear that by providing DeCSS, the
>above- referenced Internet site violates the DMCA.  We therefore
>demand that you:

Since the site doesn't provide DeCSS, there is no violation
of the DMCA.

>1) take appropriate steps to cause immediate removal of DeCSS from the
>above identified URL, along with such other actions as may be
>necessary or appropriate to suspend this illegal activity;

"removal of DeCSS from the above identified URL"?  Just what
does this mean, anyway?  Does the MPAA know what a URL is?
If so, how can it contain a computer program?

>2) provide appropriate notice to the subscriber or account holder
>responsible for the presence of DeCSS 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 e-mail address
>provided above;

Instead of the MPAA sending email to me directly, via the link
on the page they are complaining about.  

>3) advise us of the name and physical address of the person operating
>this site; and

Instead of reading the page at the URL they are complianing about
and getting my full contact data there.

>4) maintain, and take whatever steps are necessary to prevent the
>destruction of, all records, including electronic records, in your
>possession or control respecting this URL, account holder or
>subscriber.

Yes, the MPAA wants us to destroy all our backup tapes and
any record of the course syllabus.  Including paper copies students
may have received in class.

>Failure to comply with these measures will subject you to liability
>pursuant to the Copyright Act, 17 U.S.C. 101 et seq.

I only wish that UNC had the chutzpah to stand up to the MPAA
in April...

>By copy of this letter, the owner of the above-referenced URL and/or
>email account is hereby directed to cease and desist from the conduct
>complained of herein.

I have not received a copy or any other communication from the MPAA.

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

>The information in this notification is accurate, and we declare,
>under penalty of perjury, that the Motion Picture Association is
>authorized to act on behalf of the owner[s] of exclusive rights
>described above.

I doubt the accuracy.  More importantly, if the letter is
accurate it is certainly not truthful or written in good faith.

>Should you have any questions, please contact us at the above listed address.
>Respectfully,
>The Motion Picture Association of America
>
>
>
>
>
>
>
>
>2
>
>
>1
>DeCSS (Domestic)		08/28/00

Indicating there is also an international version.

// Gregory B. Newby, Assistant Professor in the School of Information
// and Library Science, University of North Carolina at Chapel Hill
// CB# 3360 Manning Hall, Chapel Hill, NC, 27599-3360  E: gbnewby@ils.unc.edu
// V: 919-962-8064 F: 919-962-8071  W: http://www.ils.unc.edu/gbnewby/

Copyright 2000 http://ils.unc.edu/gbnewby/DVD/dvd-mpaa2-response.txt