p2prox
February 5th, 2006, 08:15 AM
The email below is from DIC Entertainment about a C.O.P.S. press version recently compressed and uploaded onto BitTorrent. The address they list doesn't have any C.O.P.S.-related postings, on a separate 80s files blog is where the C.O.P.S. torrents are posted.
What have others done (mostly tracker sites) to stay out of legal hot water similar to emails and letters like this? DIC only has the blogspot address and my gmail address, nothing like an ISP email or other easily identifiable information. What would you guys recommend I do or not do? Right now, I don't plan on doing anything.
----------
To Whom It May Concern:
I am writing on behalf of DIC Entertainment Corporation ("DIC").
Please be advised that DIC exclusively controls all worldwide rights
for goods based on or in any way related to the "C.O.P.S." series.
Thus, any item of merchandise offered for distribution which utilizes
"C.O.P.S." must do so under license from DIC; further, DIC must have
specifically granted permission to the provider of such merchandise to
distribute such item.
DIC has recently learned that you are making available for download
certain 4-disc sets of "C.O.P.S." (the "Unauthorized Item") at the
following address: http://XXXXXXXX.blogspot.com/. Because
DIC has not entered into a license with you, your actions have
infringed upon, and continue to infringe upon, both the trademark and
the copyright in and to the "C.O.P.S." series.
Trademark and copyright infringement are serious civil offenses. The
damages available to DIC to compensate it for such infringement, and
to protect it against future infringement, can be quite severe. They
can include an award of profits, punitive damages, a permanent
injunction, and an order requiring you to pay all of DIC's attorneys'
fees and costs. In addition, even prior to a final resolution, a
court can issue a temporary injunction and a seizure order which would
entitle U.S. Marshals to enter your premises and seize all infringing
goods.
You should also be aware that copyright infringement subjects you to
federal criminal liability, including substantial fines and
imprisonment of up to 10 years.
In light of the foregoing, we demand that you immediately cease and
desist from, now and in the future, any manufacturing, importing,
duplicating, distributing, marketing, selling and/or other
exploitation, and/or the facilitation of any of the same, of the
Unauthorized Item or any other "C.O.P.S." merchandise not licensed by
DIC to you for distribution and/or sale. All such infringing
merchandise currently in your possession and/or under your control
must be either destroyed (along with a signed affidavit to this
effect) or immediately turned over to DIC. In addition, you must
identify all "C.O.P.S." merchandise you have manufactured or imported,
and the entities from which you have obtained the same and to which
you have distributed and/or sold the same.
If you promptly agree in writing to these terms and conditions, we are
prepared to consider forgoing any further action against you as a
result of your actions with respect to the Unauthorized Item up to the
time of this notice.
We demand that you cease these actions immediately and provide to us,
by February 10, 2006, written assurance that you have ceased and
desisted from manufacturing, importing, duplicating, distributing,
selling or other exploitation and/or the facilitation of any of the
same of any unauthorized "C.O.P.S." merchandise, including evidence of
your removal of the Unauthorized Item from the address set forth
above. If we do not receive the foregoing by that date, we will
proceed with the understanding that you do not wish to resolve this
matter in a non-litigious manner.
Nothing contained in, or omitted from, this letter shall constitute or
be construed as an admission, a complete statement of relevant facts,
or as the waiver of any rights, claims, remedies or defenses, at law
or in equity, of any entity that may have any rights in and to the
"C.O.P.S." series or the underlying property on which such series is
based, all of which are expressly reserved.
Should you have any questions or concerns, please contact me without delay.
Sincerely,
David Ducar
Senior Director, Business & Legal Affairs
DIC Entertainment
XXXXX
XXXXX
Direct Phone (XXX) XXX-XXXX
Fax (XXX) XXX-XXXX
The message herewith transmitted is intended only for the use of the
individual or entity to which it is addressed, and may contain
information that is privileged, confidential or exempt from disclosure
under applicable Federal or State Law. If the reader of this message
is not the intended recipient, or the employee or agent responsible
for delivering the message to the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this
communication in error, please notify me immediately by telephone or
e-mail. Thank you.
================================================== ===================
This message is intended solely for the use of the addressee(s) and
is intended to be privileged and confidential. If you have
received this message in error, please immediately notify the sender
and delete all copies of this email message along with all
attachments.
================================================== ===================
------------UPDATE--------------
(A follow-up email from DIC below, correcting the site name:)
As follow-up to this e-mail, the link which includes the Unauthorized Item is at: http://XXXXXXXX.blogspot.com./
We expect a response, as indicated below, by February 10, 2006.
------
(Reply)
The C.O.P.S. post was removed from the site and the files have been deleted.
What have others done (mostly tracker sites) to stay out of legal hot water similar to emails and letters like this? DIC only has the blogspot address and my gmail address, nothing like an ISP email or other easily identifiable information. What would you guys recommend I do or not do? Right now, I don't plan on doing anything.
----------
To Whom It May Concern:
I am writing on behalf of DIC Entertainment Corporation ("DIC").
Please be advised that DIC exclusively controls all worldwide rights
for goods based on or in any way related to the "C.O.P.S." series.
Thus, any item of merchandise offered for distribution which utilizes
"C.O.P.S." must do so under license from DIC; further, DIC must have
specifically granted permission to the provider of such merchandise to
distribute such item.
DIC has recently learned that you are making available for download
certain 4-disc sets of "C.O.P.S." (the "Unauthorized Item") at the
following address: http://XXXXXXXX.blogspot.com/. Because
DIC has not entered into a license with you, your actions have
infringed upon, and continue to infringe upon, both the trademark and
the copyright in and to the "C.O.P.S." series.
Trademark and copyright infringement are serious civil offenses. The
damages available to DIC to compensate it for such infringement, and
to protect it against future infringement, can be quite severe. They
can include an award of profits, punitive damages, a permanent
injunction, and an order requiring you to pay all of DIC's attorneys'
fees and costs. In addition, even prior to a final resolution, a
court can issue a temporary injunction and a seizure order which would
entitle U.S. Marshals to enter your premises and seize all infringing
goods.
You should also be aware that copyright infringement subjects you to
federal criminal liability, including substantial fines and
imprisonment of up to 10 years.
In light of the foregoing, we demand that you immediately cease and
desist from, now and in the future, any manufacturing, importing,
duplicating, distributing, marketing, selling and/or other
exploitation, and/or the facilitation of any of the same, of the
Unauthorized Item or any other "C.O.P.S." merchandise not licensed by
DIC to you for distribution and/or sale. All such infringing
merchandise currently in your possession and/or under your control
must be either destroyed (along with a signed affidavit to this
effect) or immediately turned over to DIC. In addition, you must
identify all "C.O.P.S." merchandise you have manufactured or imported,
and the entities from which you have obtained the same and to which
you have distributed and/or sold the same.
If you promptly agree in writing to these terms and conditions, we are
prepared to consider forgoing any further action against you as a
result of your actions with respect to the Unauthorized Item up to the
time of this notice.
We demand that you cease these actions immediately and provide to us,
by February 10, 2006, written assurance that you have ceased and
desisted from manufacturing, importing, duplicating, distributing,
selling or other exploitation and/or the facilitation of any of the
same of any unauthorized "C.O.P.S." merchandise, including evidence of
your removal of the Unauthorized Item from the address set forth
above. If we do not receive the foregoing by that date, we will
proceed with the understanding that you do not wish to resolve this
matter in a non-litigious manner.
Nothing contained in, or omitted from, this letter shall constitute or
be construed as an admission, a complete statement of relevant facts,
or as the waiver of any rights, claims, remedies or defenses, at law
or in equity, of any entity that may have any rights in and to the
"C.O.P.S." series or the underlying property on which such series is
based, all of which are expressly reserved.
Should you have any questions or concerns, please contact me without delay.
Sincerely,
David Ducar
Senior Director, Business & Legal Affairs
DIC Entertainment
XXXXX
XXXXX
Direct Phone (XXX) XXX-XXXX
Fax (XXX) XXX-XXXX
The message herewith transmitted is intended only for the use of the
individual or entity to which it is addressed, and may contain
information that is privileged, confidential or exempt from disclosure
under applicable Federal or State Law. If the reader of this message
is not the intended recipient, or the employee or agent responsible
for delivering the message to the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this
communication in error, please notify me immediately by telephone or
e-mail. Thank you.
================================================== ===================
This message is intended solely for the use of the addressee(s) and
is intended to be privileged and confidential. If you have
received this message in error, please immediately notify the sender
and delete all copies of this email message along with all
attachments.
================================================== ===================
------------UPDATE--------------
(A follow-up email from DIC below, correcting the site name:)
As follow-up to this e-mail, the link which includes the Unauthorized Item is at: http://XXXXXXXX.blogspot.com./
We expect a response, as indicated below, by February 10, 2006.
------
(Reply)
The C.O.P.S. post was removed from the site and the files have been deleted.