>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
>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
>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

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

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.
>The Motion Picture Association of America
>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