FW: Internet Piracy of Planet of the Apes (fwd)

[measl at mfn.org]

Headers stripped to protect the source...

-----Original Message-----
From: Anti Piracy
Sent: 7/23/01 7:01 PM
Subject: Internet Piracy of Planet of the Apes

July 23, 2001

Via E-Mail

Re:	Internet Piracy of Planet of the Apes

Dear Colleagues:

We at Twentieth Century Fox Film Corporation ("Fox") are writing to ask
for your help and cooperation in the protection of our upcoming
highly-anticipated motion picture, Planet of the Apes.  Fox is the
copyright owner and owner of exclusive distribution rights in all media,
including the Internet, to this motion picture, which is being released
in the United States and certain other countries on July 27, 2001.  Some
pre-release screenings are already taking place.

As you are likely aware, technological developments currently allow the
seriously detrimental and widespread infringement of intellectual
property via the unauthorized electronic dissemination of films over the
Internet.  As widely reported in the media, up to 1 million illegal
copies of first-run movies are now available on the Internet.  Fox, in
cooperation with the Motion Picture Association of America ("MPAA"), the
U.S. Department of Justice and the FBI, is working to combat piracy of
films on the Internet.  We hope to be able to count on your assistance
as well.

We anticipate a high volume of Internet piracy of Planet of the Apes.
Illegal film footage posted and/or available for download on the
Internet is usually sourced from video recordings made in movie theaters
and digitally transferred into electronic video formats.  As Fox is
making every effort to aggressively battle Internet piracy, it is likely
that you will notice an increase in the volume of correspondence which
you receive from Fox and/or from the MPAA.  Therefore, we would like to
take this opportunity to introduce you to the department responsible for
combating this issue at Fox which is authorized to act on behalf of
Twentieth Century Fox Film Corporation, the copyright owner of Planet of
the Apes.  Our contact information is: 

Fox Intellectual Property Department
(310) 369-4260
antipiracy at fox.com

Working with you and our other partners, we hope to be able to identify
and remove infringing files quickly.  

The Digital Millennium Copyright Act ("DMCA") and other civil and
criminal statutes provide for severe penalties (including prison
sentences of up to 10 years, forfeiture of equipment, and fines of up to
$2 million per incident) against persons who record and post pirated
copies of films on the Internet.  We intend to pursue and prosecute
infringers to the fullest extent possible in conjunction with the MPAA,
the FBI, the Department of Justice, and through civil lawsuits.  

Congress included mechanisms in the DMCA which are designed to allow
copyright owners to prevent and prosecute infringement of their rights
on the Internet.  The DMCA requires copyright owners to notify you, as
the Internet Service Provider, of infringing activities, and imposes the
obligation on ISPs to act expeditiously to remove or disable access to
infringing materials.  This letter is intended, in part, to give you
advance information that you will be receiving additional notices
pursuant to the DMCA from Fox, its representatives or the MPAA. We trust
that we will be able to count on your prompt action in response to such
notices requesting you to disable such infringing postings and/or
downloads and stop the infringement of our rights.

The posting and/or dissemination of unauthorized copies/recordings of
all or part of a copyrighted film on the Internet (excluding trailers
authorized and licensed for such use) infringes the copyrights in both
the motion picture and the soundtrack.  Fox, as owner of all rights
relating to Planet of the Apes, has not authorized any distribution of
the motion picture or its soundtrack over the Internet.  We, therefore,
have a good faith belief that any Internet postings of such video and/or
audio materials constitute infringement.  As you become aware or are
notified of them, please  remove any such postings that are accessible
on or through your system or network, accessed by users through your
system or network, or located using your information location tools, and
disable access to any sites fulfilling these criteria.

This letter provides you with information regarding our rights and of
the fact that we have not authorized any Internet distribution of Planet
of the Apes  or other films.  We would greatly appreciate your
assistance in our fight against Internet piracy.  We hope that you will
help us by using all information location tools available to you to
identify such infringing material and that you will immediately remove
any such postings or disable access to any location where the infringing
activities described herein are or will be occurring.  Please  try to
expeditiously remove infringing postings and/or disable access to
infringing material of which you become or are made aware.

We may contact you in the coming weeks, as specific examples of
infringing activity accessible on or through your network or system come
to our attention, and we will reiterate our request that such items be
removed or disabled immediately.  Please keep in mind that extremely
prompt action is and will continue to be necessary in order to prevent
the widespread proliferation of infringing copies of Planet of the Apes.
Since Fox has not authorized the sale of any promotional items,
including press kits, we may also need your assistance in stopping the
sale of such items, as well as production items.

The information provided in this letter is provided under penalty of
perjury.  We look forward to working with you.  Please contact us if you
have any questions, or to provide us with updated contact information
for your company. 

Sincerely,
Fox Group Intellectual Property Department


cc:  Motion Picture Association of America