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[ NNSquad ] ISP to RIAA: "If you want me to play cop, pay me."


Date: Mon, 22 Dec 2008 19:26:04 -0500
From: David Farber <dave@farber.net>
Subject: [IP] He's not a cop - but for enough money he'll play one, on the
	Internet
To: ip <ip@v2.listbox.com>

Begin forwarded message:

From: dewayne@warpspeed.com (Dewayne Hendricks)
Date: December 22, 2008 7:01:15 PM EST
To: Dewayne-Net Technology List <xyzzy@warpspeed.com>
Subject: [Dewayne-Net] He's not a cop - but for enough money he'll play 
one, on the Internet

[Note:  This item comes from reader Randall.  DLH]

From: Randall Webmail <rvh40@insightbb.com>
Date: December 22, 2008 1:52:33 PM PST
To: johnmacsgroup@yahoogroups.com, dewayne@warpspeed.com
Subject: He's not a cop - but for enough money he'll play one, on the  
Internet

<http://news.cnet.com/8301-1023_3-10127841-93.html>

One ISP says RIAA must pay for piracy protection
Posted by Greg Sandoval

UPDATE 8:40 p.m. PT: Click here for e-mail correspondence between Jerry 
Scroggin and copyright owners such as Warner Bros and the family of Frank 
Zappa.

Jerry Scroggin, owner-operator of Bayou Internet and Communications, wants 
the music and film industries to know that he's not a cop and he doesn't 
work for free.

Scroggin, who sells Internet access to between 10,000 and 12,000 customers 
in Louisiana, heard the news on Friday that the Recording Industry 
Association of America (RIAA) has opted out of suing individuals for 
pirating music. Instead, the group representing the four largest music 
labels is forging partnerships with Internet service providers and asking 
them to crack down on suspected file sharers.

Jerry Scroggin owns his own small ISP and he says protecting music costs 
money.
(Credit: Jerry Scroggin)

According to Scroggin, if RIAA representatives ask the help of his ISP, 
they had better bring their checkbook--and leave the legal threats at home. 
(CNET News obtained a copy of the RIAA's new notice to ISPs here). Scroggin 
said that he receives several notices each month with requests that he 
remove suspected file sharers from his network. Each time, he gets such a 
notice from an entertainment company, he sends the same reply.

[snip]

-=-=-=-
[[Copy of RIAA's new enforcement notice to ISPs]]

<http://news.cnet.com/8301-1023_3-10127050-93.html?tag=rtcol;pop>

[[The recording industry dropped some big news Friday, announcing that it 
will no longer take a broad approach to litigating against alleged filed 
sharers. The Recording Industry Association of America has enlisted the 
help of internet service providers to act as a sentry and help discourage 
customers from pirating music.

Below is a copy of the form letter the RIAA will send to ISPs to inform 
them one of their customers is accused of file sharing. The notification is 
similar to those the group has sent to college campuses for years and shows 
very clearly that the group retains the right to sue people for copyright 
violations.]]

VIA EMAIL
*ISP*
*Date*

Sir or Madam:

I am contacting you on behalf of the Recording Industry Association of  
America, Inc. (RIAA) and its member music companies. The RIAA is a trade 
association whose member companies create, manufacture, and distribute 
approximately ninety (90) percent of all legitimate music sold in the 
United States.

We believe a user on your network is offering an infringing sound  
recording for download through a peer to peer application. We have  
attached below the details of the infringing activity.

We have a good faith belief that this activity is not authorized by the 
copyright owner, its agent, or the law. We are asking for your immediate 
assistance in stopping this illegal activity. Specifically, we respectfully 
request that you remove or disable access to the unauthorized music.

We believe it is in everyone's interest for music consumers to be better 
educated about the copyright law and ways to legally enjoy music online. 
The major record companies have actively licensed their music to dozens of 
innovative services where fans can go to listen to and/or purchase their 
favorite songs. A list of many of these services is available at 
www.musicunited.org.

It should be made clear by this letter that downloading and distributing 
copyrighted songs via peer to peer networks is not an anonymous activity. 
Not only is distributing copyrighted works on a peer to peer network a 
public activity visible by other users on that network, an historic 2005 
U.S. Supreme Court decision affirmed the unmistakable unlawfulness of 
uploading and downloading copyrighted works. The website 
www.musicunited.org contains valuable information about what is legal and 
what is not when it comes to copying music. In addition to taking steps to 
notify the network user at issue about the illegal nature of his/her 
activity, we strongly encourage you to refer him/her to this helpful site.

Please bear in mind that this letter serves as an official notice to you 
that this network user may be liable for the illegal activity occurring on 
your network. This letter does not constitute a waiver of our members' 
rights to recover or claim relief for damages incurred by this illegal 
activity, nor does it waive the right to bring legal action against the 
user at issue for engaging in music theft. We assert that the information 
in this notice is accurate, based upon the data available to us. Under 
penalty of perjury, we submit that the RIAA is authorized to act on behalf 
of its member companies in matters involving the infringement of their 
sound recordings, including enforcing their copyrights and common law 
rights on the Internet.

Thank you in advance for your prompt assistance in this matter. If you  
have any questions, please feel free to contact me via e-mail at 
XXXXXX@riaa.com, via telephone at *Phone Number*, or via mail at RIAA, 1025 
F Street, NW, 10th Floor, Washington, D.C., 20004. Please reference *Case 
ID* in any response or communication regarding this matter.

Sincerely,

RIAA

List of infringing content
------------------------------
*Infringing Content*
-------------------------
INFRINGEMENT DETAIL
-------------------
Infringing Work : XXXXXX
Filename : XXXXXX
First found (UTC): XXXXXX
Last found (UTC): XXXXXX
Filesize : XXXXXX
IP Address: XXX.XXX.XXX.XXX
IP Port: XXXXX
Network: XXXXXX
Protocol: XXXXXX
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