21 July 2003. Thanks to W.

This is one of several hundred similar subpoenas issued by RIAA recently under the DMCA. Most have been filed in US District Court in the District of Columbia.

US District Court in the District of Columbia

1:03-mc-00273-UNA

Unassigned, presiding

Date filed: 07/02/2003 Date of last filing: 07/02/2003

Entered 07/17/03

LAW OFFICES

MITCHELL SILBERBERG & KNUPP LLP

A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS

TRIDENT CENTER
11377 WEST OLYMPIC BOULEVARD
LOS ANGELES, CALIFORNIA 90064-1683

(310) 312-2000
FAX: (310) 312-3100

June 30, 2003

Sir or Madam
Comcast Cable Communications, Inc.
3 Executive Campus
Cherry Hill. NJ 08002

Re: Notice of Copyright Infringement (17 U.S.C. § 512(c)(3))

Dear Sir or Madam:

We are counsel to the Recording Industry Association of America, Inc. ("RIAA") and its member record companies. The RIAA is a trade association whose member companies create, manufacture, and/or distribute approximately ninety percent (90%) of all legitimate sound recordings sold and distributed in the United States. Under penalty of perjury, we submit that we are authorized to act on behalf of the R1AA and its member companies in matters involving the online infringement of their copyrighted sound recordings.

A user, customer, or subscriber of your system or network, identified by the IP address, date, and time on the attached document, is offering tbr download over the Internet files containing copyrighted sound recordings owned by RIAA member companies. The attached document also includes a representative list of the recordings the identified user is offering for download. We have a good faith belief that such activities are not authorized by the copyright owners, their agents, or the law, and assert that the intbrmation in this Notice of Copyright Infringement is accurate, based on the data available to us.

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at (310) 312-3297 or at dmca@msk.com.

[Signature]

Yvette Molinaro
for
MITCHELL SILBERBERG & KNUPP LLP

24.61.155.10 on 6/26/2003 at 11:49:00 p.m.(EDT)

The user at the above-identified IP address, using the screen name Tyler@KaZaA, has offered for download through the online media distribution system known as KaZaA copyrighted sound recordings owned by RIAA member record companies, including the following representative recordings:

Michelle Branch - All You Wanted
Avril Lavigne - Complicated
Radiohead - Just
Incubus - Nice to Know You
Busta Rhymes - Pass the Courvoisier
Sheryl Crow - Soak Up The Sun
Incubus - Stellar
Guns N Roses - Sweet Child O' Mine
A PERFECT CIRCLE - Three Libras

1      DECLARATION PURSUANT TO 17 U.S.C. § 512(h)

2

3      I, Yvette Molinaro, the undersigned, declare that:

4

5      1. I am an attorney licensed to practice law in the State of Calilbrnia and am

6 associated with Mitchell Silberberg & Knupp LLP ("MSK"), counsel for the Recording

7 Industry Association of America, Inc. ("RIAA") and its member record companies. MSK is

8 authorized to act on behalf of the RIAA and its member companies on matters involving the

9 infringement of their copyrighted sound recordings. This declaration is made in support of the

10 accompanying Subpoena, pursuant to 17 U.S.C. § 512(h)(2)(C).

11

12      2. The purpose of the accompanying Subpoena is to obtain the identity of the

13 alleged copyright infringer who is identified at the Internet location listed on Attachment A to

14 the Subpoena. The information obtained will be used only for the purpose of protecting the

15 rights granted to our clients under Title 17 of the United States Code.

16

17      I declare under penalty of perjury under the laws of the United States of America that

18 the foregoing is true and correct.

19                  Executed at Los Angeles, California, on Monday, June 30, 2003.

20

21

22

23

24

25                                                              [Signature]

26                                                              Yvette Molinaro

27

28                                                                                                             03-273

Mitchell Silberberg
& Knupp LLP                     DECLARATION PURSUANT TO 17 U.S.C. § 512(H)

[End subpoena.]

Other examples of RIAA allegations in identical subpoenas, all filed in US District Court District of Columbia:

1:03-mc-00274-UNA
Unassigned, presiding
Date filed: 07/02/2003 Date of last filing: 07/02/2003
Entered: 07/17/03

64.169.95.226 on 6/26/2003 at 10:58 p.m.(EDT)

The user at the above-identified IP address, using the screen name kunstrukter@KaZaA, has offered for download through the online media distribution system known as KaZaA copyrighted sound recordings owned by RIAA member record companies, including the following representative recordings:

U2 - All I Want Is You
Journey - Don't Stop Believin'
Radiohead - Everything in Its Right Place
Bruce Springsteen - I'm On Fire
B-Movie - Nowhere Girl
Def Leppard - Pour Some Sugar on Me
UB40 - Red Red Wine

-----

1:03-mc-00275-UNA
Unassigned, presiding
Date filed: 07/02/2003 Date of last filing: 07/02/2003
Entered: 07/17/03

66.30.173.215 on 6/26/2003 at 9:50 p.m.(EDT)

The user at the above-identified IP address, using the screen name brich410@KaZaA, has offered for download through the online media distribution system known as KaZaA copyrighted sound recordings owned by RIAA member record companies, including the following representative recordings:

Michael Jackson - Billie Jean
Michael Jackson - Leave Me Alone
Avril Lavigne - Losing Grip
Def Leppard - Love Bites
NWA - Straght outta compton
Fleetwood Mac - The Chain
Michael Jackson - The Girl Is Mine (With Paul McCartney)
Das Efx - They Want EFX

-----

1:03-mc-00276-UNA
Unassigned, presiding
Date filed: 07/02/2003 Date of last filing: 07/02/2003
Entered: 07/17/03

64.121.55.175 on 6/26/2003 at 9:42 p.m.(EDT)

The user at the above-identified IP address, using the screen name dulfingurl2@KaZaA, has offered for download through the online media distribution system known as KaZaA copyrighted sound recordings owned by RIAA member record companies, including the following representative recordings:

blink-182 - Aliens Exist
SHAGGY - Angel
Green Day - Basket Case
Matchbox Twenty - Last Beautiful Girl
Avril Lavigne - Losing Grip
Sade - Love Is Stronger Than Pride
Green Day - Macy's Day Parade
Incubus - Nice to Know You
Weezer - Undone (The Sweater Song)

Legal basis for issuing the subpoenas:

Date: Mon, 21 Jul 2003 12:06:19 -0400
From: JN
Subject: Re: Mass RIAA DMCA identity subpoenas issued
Comments: cc: John Young <jya@PIPELINE.COM>
To: CYBERIA-L@LISTSERV.AOL.COM

17 U.S.C. 512(h)

     Subpoena To Identify Infringer.--

         (1) Request.--A copyright owner or a person authorized to act on

     the owner's behalf may request the clerk of any United States

     district court to issue a subpoena to a service provider for

     identification of an alleged infringer in accordance with this

     subsection.

         (2) Contents of request.--The request may be made by filing with

     the clerk--

             (A) a copy of a notification described in subsection

         (c)(3)(A) [SEE BELOW];

             (B) a proposed subpoena; and

             (C) a sworn declaration to the effect that the purpose for

         which the subpoena is sought is to obtain the identity of an

         alleged infringer and that such information will only be used

         for the purpose of protecting rights under this title.

         (3) Contents of subpoena.--The subpoena shall authorize and

     order the service provider receiving the notification and the

     subpoena to expeditiously disclose to the copyright owner or person

     authorized by the copyright owner information sufficient to identify

     the alleged infringer of the material described in the notification

     to the extent such information is available to the service provider.

         (4) Basis for granting subpoena.--If the notification filed

     satisfies the provisions of subsection (c)(3)(A), the proposed

     subpoena is in proper form, and the accompanying declaration is

     properly executed, the clerk shall expeditiously issue and sign the

     proposed subpoena and return it to the requester for delivery to the

     service provider.

         (5) Actions of service provider receiving subpoena.--Upon

     receipt of the issued subpoena, either accompanying or subsequent to

     the receipt of a notification described in subsection (c)(3)(A), the

     service provider shall expeditiously disclose to the copyright owner

     or person authorized by the copyright owner the information required

     by the subpoena, notwithstanding any other provision of law and

     regardless of whether the service provider responds to the

     notification.

         (6) Rules applicable to subpoena.--Unless otherwise provided by

     this section or by applicable rules of the court, the procedure for

     issuance and delivery of the subpoena, and the remedies for

     noncompliance with the subpoena, shall be governed to the greatest

     extent practicable by those provisions of the Federal Rules of Civil

     Procedure governing the issuance, service, and enforcement of a

     subpoena duces tecum.

512(C)(3) Elements of notification.--

             (A) To be effective under this subsection, a notification of

         claimed infringement must be a written communication provided to

         the designated agent of a service provider that includes

         substantially the following:

                 (i) A physical or electronic signature of a person

             authorized to act on behalf of the owner of an exclusive

             right that is allegedly infringed.

                 (ii) Identification of the copyrighted work claimed to

             have been infringed, or, if multiple copyrighted works at a

             single online site are covered by a single notification, a

             representative list of such works at that site.

                 (iii) Identification of the material that is claimed to

             be infringing or to be the subject of infringing activity

             and that is to be removed or access to which is to be

             disabled, and information reasonably sufficient to permit

             the service provider to locate the material.

                 (iv) Information reasonably sufficient to permit the

             service provider to contact the complaining party, such as

             an address, telephone number, and, if available, an

             electronic mail address at which the complaining party may

             be contacted.

                 (v) A statement that the complaining party has a good

             faith belief that use of the material in the manner

             complained of is not authorized by the copyright owner, its

             agent, or the law.

                 (vi) A statement that the information in the

             notification is accurate, and under penalty of perjury, that

             the complaining party is authorized to act on behalf of the

             owner of an exclusive right that is allegedly infringed.