FC: 20th Century Fox warns of "Planet of Apes" online piracy

From: Declan McCullagh (declanat_private)
Date: Mon Jul 23 2001 - 18:50:42 PDT

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    [This letter is an unconfirmed forward but appears to be authentic. Piracy 
    is, of course, a real threat to studios and the fuss over the DMCA 
    shouldn't obscure that fact. I bought, as I described at the time 
    (http://www.politechbot.com/p-01282.html) a copy of X-Men as soon as it was 
    in theaters. Photo of vendor: 
    http://www.mccullagh.org/image/950-10/emmanuel-goldstein-pirate.html --Declan]
    
    ********
    
    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
    antipiracyat_private
    
    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
    
    
    
    
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