1 March 2001: Link to DVD demand letter.

23 January 2001

To: Susan Gindin <sgindin@verio.net>
From: John Young jya@pipeline.com
Subject: Re: cryptome.org/dvd-hoy-reply.htm
Date: Tue, 23 Jan 2001 09:13:20 -0700

Hash: SHA1

Susan E. Gindin
Associate Counsel
Verio Inc.

Dear Ms. Gindin,

This responds to your email today concerning a file on our
Web site Cryptome.org (copy below).

I offer this counter-notification:

1. My signature

	My PGP signature has been used on this message.

2. Electronic file in question:


3. It is my belief under penalty of perjury that the file does not 
contain a circumvention device as defined by the DMCA.

4. My name and address:

	John Young
	251 West 89th Street
	New York, NY 10024

	I consent to jurisdiction of the federal court having jurisdiction
	over the location of my address.


John Young

- - ----------

At 06:32 AM 1/23/01 -0700, you wrote:
>January 23, 2001
>Dear Mr. Young,
>Let me begin by stating that Verio values you highly as a customer,
>and that we hope to continue hosting your site for many years.
>We have received the following notification alleging that your site
>is providing the DeCSS circumvention device, and that by providing
>DeCSS to the public on our network, you, and Verio as well, are
>violating the provisions of Section 1201(a)(2) of the Digital
>Millennium Copyright Act (DMCA). The notification demands that we
>"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 . . . ."
>While it is unclear to us whether you are providing DeCSS, and while
>we question the MPAA’s authority to require takedown of material
>which violates the DMCA’s section 1201 in the manner of the Act’s
>section 512 notice-and-takedown procedures, we are persuaded to take
>complaint very seriously, due to MPAA’s willingness to swear under
>penalty of perjury that you are violating section 1201.
>Our Acceptable Use Policy provides that customers violate Verio
>policy and the service agreement when they, their customers,
>affiliates or subsidiaries engage in any activity that infringes or
>misappropriates the intellectual property rights of others.  Our AUP
>further provides that when we become aware of harmful activities, we
>may take any action to stop the harmful activity, including but not
>limited to, removing information, shutting down a web site,
>implementing screening software designed to block offending
>transmissions, denying access to the Internet, or take any other 
>action we deem appropriate. Therefore, >we will not countenance 
>your providing the material which is unlawful, and we will act 
>However, because it is unclear to us whether you are providing DeCSS
>in the manner proscribed, and because it is unclear whether the
>section 512 notice and takedown procedures apply to section 1201
>violations, we are giving you the opportunity to respond, as set out
>below, before we must take any steps which may affect access to your
>As you may be aware, upon receipt of a notification complying with
>section 512, a service provider is required to expeditiously remove
>or disable access to the allegedly infringing material, and then
>notify the customer.  The customer may then send a
>counter-notification  under the Act, which the service provider must
>forward to the 
>complainant. If the service provider does not receive notice that 
>the complainant has filed suit against the customer, the service 
>provider then re-enables the site.
>Because providing DeCSS is not a section 512 issue, but it is a DMCA
>issue, we will give you the opportunity to counter notify under the
>Act’s counter notification procedures before we take steps which may
>affect access to your site. Therefore, we give you ten business days
>from today to counter notify as provided in section 512(g)(3) of
>the Act before we require that you remove the materials.
>Following is the language of section 512(g)(3) Contents of counter
>notification. - To be effective under this subsection, a counter
>notification must be a written communication provided to the service
>provider's designated agent that includes substantially the
>          (A) A physical or electronic signature of the subscriber.
>          (B) Identification of the material that has been [in this
>situation, will be] removed or to which access has been disabled and
>the location at which the material appeared before it was removed or
>access to it was disabled.
>          (C) A statement under penalty of perjury that the
>subscriber has a good faith belief that the material was [in this
>situation, will be] removed or disabled as a result of mistake or
>misidentification of the material to be removed or disabled.
>          (D) The subscriber's name, address, and telephone number,
>and a statement that the subscriber consents to the jurisdiction of
>Federal District Court for the judicial district in which the
>address is  located, or if the subscriber's address is outside of
>the United 
>States, for any judicial district in which the service provider may
>be found, and that the subscriber will accept service of process
>from the person who provided notification under subsection (c)(1)(C)
>or an agent of such person.
>As long as your counter notification complies with the above, and
>unless or until we receive notification that the MPAA has filed suit
>against you, we will not require that you remove the materials nor
>will we block access to your site.  Please note that we will not
>accept a counter notification which deviates from the above, such 
>as one raising First Amendment arguments. We are aware that the 
>EFF has filed an appeal to the decision cited by the MPAA, but 
>until that decision is reversed, we do not question its validity.
>Of course, you may also simply remove the materials about which the
>MPAA has complained. If so, please let us know.  We will then assume
>that the materials have been removed unless we are advised otherwise
>by the MPAA.  
>Susan E. Gindin
>Associate Counsel
>Verio Inc.
>PHONE: (818) 728-8127
>Email: MPAA23@pacbell.net
>Anti-Piracy Operations
>November 28, 2000
>Susan Gindin
>8005 S. Chester Street
>Suite 200
>Englewood, CO 80112
>RE:     Illegal Provision of DeCSS/Circumvention Device
>        Site/URL:  cryptome.org/dvd-hoy-reply.htm
>        MPAA File#: 5-671-492
>Dear Susan Gindin:
>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. Section 1201(a)(2),(3). 
>Providing or offering DeCSS to the public on your system or network
>violates the provisions of Section 1201(a)(2) which prohibits the
>"manufacturing, importing or offering to the public, providing, or
>trafficking" in an unlawful circumvention device.   (17 U.S.C.
>Section 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
>offering to the public, providing, or otherwise trafficking in DeCSS
>or any other technology primarily designed to circumvent CSS, and
>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;
>Failure to comply with these measures will subject you to liability
>as described above.
>We also request that you maintain, and take whatever steps are
>necessary to prevent the destruction of, all records, including
>records, in your possession or control respecting this URL, account
>holder or subscriber.
>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.
>On behalf of the respective owners of the exclusive rights to the
>copyrighted material at issue in this notice, we hereby state,
>pursuant to the DMCA that we have a good faith belief that the acts
>complained of are not authorized by the copyright owners, their
>respective agents, or the law.
>Also pursuant to DMCA, we hereby state, under penalty of perjury
>under the law of California and under the laws of the United States,
>that the information in this notification is accurate and that we
>are authorized to act on behalf of the owners of the exclusive
>rights being infringed as set forth in this notification.
>Should you have any questions, please contact us at the above listed
>Thank you for your cooperation in this matter.  Your immediate
>response is requested.
>The Motion Picture Association of America
>DeCSS (Domestic)                11/28/00

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