29 August 2000

See previous notices and comments:

http://cryptome.org/dvd-mpaa-ccd.htm (notice 1)
http://cryptome.org/dvd-mpaa-ccd2.htm (comments)
http://cryptome.org/dvd-mpaa-ccd3.htm (notice 2)


Date: Tue, 29 Aug 2000 15:09:53 -0700
From: mpaa23 <mpaa23@pacbell.net>
Subject: cryptome.org/dvd-css.htm
To: jya@PIPELINE.COM

[No message.]

[Attachment] cryptome 8-29.txt

----------

[Attachment cryptome 8-29.txt]

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
UNITED STATES
PHONE: (818) 728-8127
Email: MPAA23@pacbell.net
Anti-Piracy Operations

Date: August 29, 2000

John Young
Cryptome
251 West 89th Street
New York, NY 10024
jya@PIPELINE.COM

RE: Illegal Provision of DeCSS/Circumvention Device

Site/URL: cryptome.org/dvd-css.htm
MPAA File#: 5-671-812

Dear John Young:

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.

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. 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.

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

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;

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;

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

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.

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

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.

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.

Should you have any questions, please contact us at the above listed address.

Respectfully,

The Motion Picture Association of America

2

1

DeCSS (Domestic) 08/29/00