COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT -
STORAGE, CACHING, OR REFERRAL TO INFRINGING COPYRIGHT MATERIAL
1 Feb 2008 18:12:25 GMT
ESA Reference Number: 182-15818179
TO TPG Internet Pty Ltd.:
1. I, on behalf of the Entertainment Software Association (ESA), issue this notice for the purposes of item 1, condition 3 of item 3, and condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and regulation 20I of the Copyright Regulations 1969.
2. ESA is the agent of the owner of the copyright in the copyright material specified in the below Schedule (i.e., game product that is protected by Australian intellectual property law), that is being infringed by material residing on your system or network, cached on your system or network, or referred or linked to by your system or network.
3. I believe, in good faith, that the storage, caching, linking, or referral of/to the infringing copyright material on your system or network is not authorised by the copyright owner or a licensee of the copyright owner, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
NAME OF AGENT OF OWNER: Entertainment Software Association
ADDRESS: 575 7th Street, NW, Suite 300, Washington, DC 20004 USA
Intellectual Property Enforcement
Entertainment Software Association
(Agent of owner)
TELEPHONE NUMBER: (1) 202-223-2400
FAX NUMBER: (1) 202 223 2401
E-MAIL ADDRESS: mailto:[email protected]?subject=RE%3A%20Notice%20ID%3A%20 182%2D15818179%20ESA%20Australia%2 0Notice
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: Based on the information at its disposal on the 1 Feb 2008 18:03:27 GMT, ESA has a good faith belief that 60.240.34.58 infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright. The copyrighted works that have been infringed include but are not limited to:
Title: XXXX
Infringement Source: BitTorrent
Infringement Timestamp: 1 Feb 2008 18:03:27 GMT
Infringement Last Documented: 1 Feb 2008 18:03:27 GMT
Infringer Username:
Infringing Filename: XXXX
Infringing Filesize: XXXX
Infringer IP Address: XXXX
Infringer DNS Name: XXXX
Infringing URL: XXXX
LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER'S SYSTEM: The unauthorized copies of such game product(s) appears on or is made available through XXXX. Those items are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork. Such copies, titles, game-related listings/references/descriptions, and depictions are hereinafter referred to as "Infringing Material."
ACTION REQUESTED: In light of the infringing material described herein, ESA hereby requests TPG Internet Pty Ltd. to immediately do the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms of Service Agreement, including termination of a repeat offender.
