Whirlpool

Hi Guys,
I got an email from BayTSP (below) basically saying that they believe I illegally downloaded and/or distributed copyrighted material belonging to MGM.

I would like to know if anyone has received a similar email and what their actions were in the same circumstances.

Also does anyone know TPG's policy regarding similar issues? If MGM decides to sue or escelate matters, how has TPG reacted in the past?

Upon reading the email, the bits with substance are:

['We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure that the user refrains from using or sharing with others, unauthorized MGM materials in the future.

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.']

What exactly does that mean? They have stated that MGM reserves their right to escalate matters if they choose, and BayTSP requests that I delete/block access to files they believe to be on my computer, along with trying to stop any infringement activity on the internet and report back to them.

Nowhere in the email does it say a response to them is mandatory...?

Thanks

-----Original Message-----From: Internet Abuse [abuse@tpg.com.au] Sent: Saturday, 16 August 2008 11:10 AMTo: xxxxxxxx@tpg.com.auSubject: Fwd: Notice ID: XXX-XXXXXX Notice of Unauthorized Use of MetroGoldwyn Dear TPG Customer (xxxxxx), TPG Internet has received a complaint from a rights holder regarding theunauthorised distribution of material protected by intellectual propertylaw. A copy of the complaint is attached. If you do not believe you are infringing copyright, contact the issuersof the infringement notice and let them know you are not infringingtheir copyright. Using TPG Internet in this way may also contravene our terms andconditions of use and could result in suspension or termination of youraccess to our service. If you have any questions about this email or our Terms and Conditions,please contact Customer Service on 1300 360 855 orcustomer_service@tpg.com.au. Kind Regards, Internet Abuse TeamTPG Internet E-mail: abuse@tpg.com.auFax: 02 9850 0813 (for all support)Phone: 1300 360 855 Australia wide Website: http://www.tpg.com.au

--Forwarded Message Attachment--
From: mgm2-no-reply@copyright-compliance.com
To: abuse@tpg.com.au
Subject: Notice ID: XXX-XXXXXX Notice of Unauthorized Use of Metro Goldwyn Mayer Property
Date: Sat, 16 Aug 2008 06:38:10 +1000

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Notice ID: XXX-XXXXXX
Notice Date: 15 Aug 2008 XX:XX:XX GMT
TPG Internet Pty Ltd.
Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Metro Goldwyn Mayer (collectively, "MGM") has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of MGM's copyright interests on your IP addresses as detailed in the attached report.

BayTSP has reasonable good faith belief that use of the material in the manner complained of in the attached report is not authorized by MGM, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the attached report. The Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, as well as bilateral treaties with other countries allow for protection of client's copyrighted work even beyond U.S. borders. The attached documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure that the user refrains from using or sharing with others, unauthorized MGM materials in the future.

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.

Please respond indicating the actions you have taken to resolve this matter. The provided link has been assigned to this matter: http://webreply.baytsp.com/webreplyXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

For email correspondence, please reference the above Notice ID in the subject line: mgm2@copyright-compliance.com?subject=XXXXXXXXXXXXXXXXXXXXXX
Nothing in this letter shall serve as a waiver of any rights or remedies of MGM with respect to the alleged infringement, all of which are expressly reserved. Should you need to contact me, I may be reached at the following address:

Mark Ishikawa

Chief Executive Officer

BayTSP, Inc.

PO Box 1314

Los Gatos, CA 95031

v: 408-341-2300

f: 408-341-2399

paramount@copyright-compliance.com

*pgp public key is available on the key server at ldap://keyserver.pgp.com

Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.

This infringement notice contains an XML tag that can be used to automate the processing of this data. If you would like more information on how to use this tag please contact BayTSP.

Evidentiary Information:

Notice ID: XXX-XXXXXX

Recent Infringement Timestamp: 14 Aug 2008 XX:XX:XX GMT

Infringed Work: Xxxxxxxx Xxxxxxxx

Infringing FileName: XXX Xxxxxx X

Infringing FileSize: XXXXXXX

Protocol: BitTorrent

Infringing URL: http://open.tracker.thepiratebay.org/announce

Infringers IP Address: XXX.XXX.XXX.XXX

Infringer's DNS Name: XXX-XXX-XXX-XXX.static.tpgi.com.au

Infringer's User Name:

Initial Infringement Timestamp: 14 Aug 2008 XX:XX:XX GMT

Followed by some XML giberish repeating the same thing

Highlight -> Press delete -> Done.

Cugel writes...

Highlight -> Press delete -> Done.

I'm more than happy to take your advice into consideration, but can you give me a bit more information that that? Thank you :)

They say they wanted you to remove the copyrighted files. In theory delete the files.

http://whirlpool.net.au/wiki/?tag=Cease%20and%20Desist%20Emails

Muad'Dib writes...

http://whirlpool.net.au/wiki/?tag=Cease%20and%20Desist%20Emails

Thank you, I looked at that and am still wanting to know. I wanted to know what other people's experiences and reactions had been. When I searched for BayTSP in this forum there where only 2 results, both of which were years old.

Bobso writes...

but can you give me a bit more information

Delete the email and don't use public trackers.