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-- 07-29-2003 Cease and Desist Letters (http://www.vcdhq.com/forum/showthread.php?threadid=24897)


Posted by jeffreyw on 08-02-2003 08:52 AM:

yeah if it went to court though id like to see whod win(if we all dident know already)


Posted by Senic on 08-02-2003 10:29 AM:

quote:
Originally posted by jeffreyw
yeah if it went to court though id like to see whod win(if we all dident know already)
They got nothing. They don't even have proof. Were the fuck is the movie file? This site doesn't store any movies. If they go to court Paramount will just prove how fucking stupid they are. Including the MPAA. There are no files here. There wouldn't even be anything for the court to debate over. The issue is mute.


Posted by PhreakerX on 08-02-2003 03:12 PM:



Dennis L. Wilson
[email protected]

California Bar Admission: 1991

Specialization: Copyright, Trademark, Internet

Dennis Wilson has focused his entire career on the protection of intellectual property rights. Dennis' intellectual property practice includes the full-range of litigation, counseling, and transactions concerning copyright, trademark, and e-commerce issues.

Dennis also provides general intellectual property advise and counseling to his clients on a variety of e-commerce, licensing and merchandising matters, and has worked in the development of federal legislation and international administrative policies involving the development of the domain name system. Dennis is a frequent speaker on intellectual property, strategic branding and new media issues at local and national bar associations and international trademark associations, and conducts seminars for corporate clients across the U. S.

In 1997, together with Kristin R. Allen and Michelle L. Cohen, Dennis founded the San Diego law firm of Creative Mind Advocates LLP. Prior to founding CMA, Larry was a partner in the San Diego office of Baker & Hostetler LLP.

__________________
"I love the Power Glove. Its so bad."


Posted by TheSmurf on 08-02-2003 07:51 PM:

The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

I would suggest that you remove all jpegs, or at the very least the ones from Paramount Studios. Let the other studios come after you one by one if you wnat, but they will eventually come unfortunately. Once you have done that they will not have a case on you as movies nor samples are held here or distributed through this medium. Essentially this just becomes a forum to rate and discuss the media the studios produce... and cannot be held responsible if other people discuss the quality of illegal copies.

Best of luck in your case, and I hope someone here is an actual lawyer who can provide you some sound legal advice!


Posted by che on 08-02-2003 09:35 PM:

I Read this in Businessweek

TINSELTOWN'S AIM: TO CATCH A THIEF
by Ronald Grover in Los Angeles | 7.21.03



Jim Carrey was there. So were Jennifer Aniston and Morgan Freeman. Far less visible at the May 21 premiere of Bruce Almighty, amid the moguls, stars, and fans, were the latest members of Hollywood's A-list: Rent-a-cops who patrolled the upper balconies at the cavernous Universal Amphitheater, prowling for pirates with camcorders.

Hollywood is in full crackdown mode for crooks who pilfer films by recording them at premieres and press screenings. Metal detectors meet most folks at these shows, along with stern signs warning against copying. As part of its ban on all electronic equipment, Fox Entertainment Group earlier this year barred cell phones at one screening. And Hollywood is developing jamming devices that will disable camcorders and other electronic gizmos inside a theater. ``We take this very seriously. These are criminals we're talking about,'' says Fox Filmed Entertainment Chairman Jim Gianopulos.

More than 50 films were stolen this year before they were shown on screen, says the Motion Picture Assn. of America. Often, say MPAA enforcement officials, thieves get $10,000 apiece for the hottest films, which are then shuttled to crime syndicates in Taiwan, Thailand, and elsewhere in Asia, to be mass produced. Then the pirated DVDs are sold on the streets of Asian, European, and U.S. cities. The margins are huge. Counterfeiters can sell the DVDs, which cost 62 cents apiece, for as much as $15.

Studios, which lost an estimated $3 billion to counterfeiting last year, are also staging raids on DVD plants. The MPAA, working with a network of informants and local police, closed down 63 illegal factories in Asia this year, 12 in Malaysia alone. But prosecution is lax in many Asian countries because gangs threaten prosecutors and judges, says MPAA Asian enforcement chief Mike Ellis. Sentences can be light for those who are nabbed. Last year, a Singapore pirate caught with more than 2,000 pirated DVDs got 18 months.

Hollywood is making some headway in keeping films out of thieves' hands. In April, FBI agents nabbed a man camcording Paramount Pictures' sci-fi flick The Core at a media screening. In its most impressive collar yet, Universal and the FBI used a ``tag'' digitally embedded in The Hulk to trace a pirated version of the film to 25-year-old Kerry Gonzalez. The New Jersey man received the film from a friend at the studio's New York ad agency and put it on the Net weeks ahead of the movie's opening. Gonzalez, who pleaded guilty on June 25 to making an unauthorized digital copy, faces a possible maximum $250,000 fine and up to three years in prison. ``We are sending a message here,'' says Universal Studios President Rick Finkelstein.

On the Net, studios intend to be even more vigilant. Hollywood's trade group plans to ratchet up a campaign to send out cease-and-desist letters to online pirate services: Last year it mailed 163,000 warnings and sent off so-called spoof movies to trip up pirates. The studios have resisted suing their customers directly, as the recording industry is now doing, but execs hope the music crackdown will be a deterrent for all pirates. ``Litigation should scare people,'' says Sir Howard Stringer, CEO of Sony Corp. of America.

Hollywood has already begun to poke fun at its own plight. Earlier this year, a flood of DVDs, sent out to Academy Award voters, found their way onto the black market. Oscar host Steve Martin joked about it on this year's telecast, kidding that Meryl Streep had put her disks on eBay. The line got one of the biggest laughs of the night.


Posted by rawgwar on 08-03-2003 07:28 AM:

Thumbs up

I see nothing wrong with posting nfo, comments etc.

The only thing you could do to please them is to take off there pictures for the movie's they listed.
Since that's the only copyright thing here, unless this site is in a 3rd world country.

Other then that they want you to sign a guilty plee :>
Bunch of fools & grubby bastards!
RIAA+MPAA should really get a life & stop sueing all the KaZZa kiddies parents!


Posted by horizonstar on 08-03-2003 09:24 AM:

quote:
Originally posted by che
In its most impressive collar yet, Universal and the FBI used a ``tag'' digitally embedded in The Hulk to trace a pirated version of the film to 25-year-old Kerry Gonzalez. The New Jersey man received the film from a friend at the studio's New York ad agency and put it on the Net weeks ahead of the movie's opening. Gonzalez, who pleaded guilty on June 25 to making an unauthorized digital copy, faces a possible maximum $250,000 fine and up to three years in prison. ``We are sending a message here,'' says Universal Studios President Rick Finkelstein.

rofl. the guy turned himself in.

well at least you have 162,999 other folks in your company, X.

__________________


Scrobble all you want, we'll make more!


Posted by jeffreyw on 08-03-2003 09:33 AM:

notice how the media makes it look like he got caught when he did it. another scare tactic.


Posted by pHo on 08-03-2003 12:13 PM:

quote:
Originally posted by Senic
They got nothing. They don't even have proof. Were the fuck is the movie file? This site doesn't store any movies. If they go to court Paramount will just prove how fucking stupid they are. Including the MPAA. There are no files here. There wouldn't even be anything for the court to debate over. The issue is mute.


but the fact if anyone took us to court would be expensive and bad enough in itself. paramount or whatever studio can afford court cases, we can't.

__________________
563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot


Posted by chocco on 08-03-2003 03:26 PM:

quote:
Originally posted by TheSmurf
The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

I would suggest that you remove all jpegs, or at the very least the ones from Paramount Studios. Let the other studios come after you one by one if you wnat, but they will eventually come unfortunately. Once you have done that they will not have a case on you as movies nor samples are held here or distributed through this medium. Essentially this just becomes a forum to rate and discuss the media the studios produce... and cannot be held responsible if other people discuss the quality of illegal copies.

Best of luck in your case, and I hope someone here is an actual lawyer who can provide you some sound legal advice!



You pretty much summed up the argument there.. The only questionable material held on this site are the still images.. If you removed them entirely Paramount and that dipshit of a lawyer wouldn't have a leg to stand on legally.. Now the question is if your hosting is located in the US you might be able to get away with having someone host the images in another country that doesn't share the same laws in regards to copyright and hotlink the images.. but then again dipshit might argue that hosting the URL text to a copywritten image is illegal as well (I'm not sure of the legality of this because technically text URL != copywritten content) ... Basically either you deal w/ losing images entirely in due time or try and play the grey area...


Posted by chocco on 08-03-2003 03:30 PM:

quote:
Originally posted by pHo
but the fact if anyone took us to court would be expensive and bad enough in itself. paramount or whatever studio can afford court cases, we can't.


Isn't that the truth..


Posted by Sic0 on 08-04-2003 12:07 AM:

Pointing out the obvious.

quote:
I, ___________________________, hereby acknowledge that I have ceased offering and/or distributing unauthorized copies of the Paramount Motion Picture Properties and any other goods which infringe Paramount's rights in any of its motion picture properties; and have complied with (1)-(3) above. ....


Judging by this it seem to me that it's a lame ass attempt to get you to confess to something ilegal. The person may not even be authorized to represent PMP's and is looking for a dumbass to make a quick buck off of.

chocco: you have a point, but stills wheren't even mentioned in the letter.

FIGHT THE CBDTPA!


Posted by someth1ng on 08-04-2003 12:34 AM:

quote:
Originally posted by bryehn
if they figured out where to get a movie from this this site, i wanna know too.

every time i click those links all i get are nth gen stills...what codec do i need for that?



Please tell me you are joking....you really think there's a special codec out there that makes movies appear on this web site? Come on man....you totally gotta be kidding me.

In light of those letters, yes you are violating copyright laws by posting stills of pirated movies, so undoubtly they have a point there. Where they get the idea that movies are hosted and distributed here is quite confusing, however, they are probably just trying to scare the shit out of you with that one.

One other problem you may have is the fact that you have had advertisments on this web site to purchase mod chips, etc etc. Although you aren't the one selling those items, I believe the owner of iSONEWS got into some shit for advertising places to buy those kinds of items. The extent of his website was nfo's and msg boards, which this web site has itself. However, I do believe that he only got into shit for the advertisments that he hosted. Msg boards and nfo's can be veiwed as free speech, and certianly not incriminating.

I personally would never host a website like this due to the kind of shit you must get (like those letters), but I do give you props for doing so inlight of all the shit you catch. ATM, I would take down all jpegs and advertisments that lead to any website inwhich you can purchase modded systems or chips, amongst any other illegal shit you can buy on the web. I am quite sure there's nothing they can do about msg boards and nfos without serials/passwords and such.

And to all the others who just plain say fuck paramount, it's not that easy. You may not be effected if something happens, but x69 sure as shit will be. It is in his best interest to do whatever it takes to keep his ass out of shit. With that said, I wish you the best of luck x69. I hope you find a way to beat these money hungry lame fags who do nothing but bitch about piracy hurting their industry, while at the same time, setting box office records every week. It's astonishing really. Is it me, or has this shit picked up since Bush and the Republicans came into office? Big business and there republican friends can never seem to get enough money even when setting record sales. I hope no one is retarded enough to reelect those fuckers.

Again, Good luck x69. I hope you end up in a position to stick those letters far up their asses.


Posted by teen_wasteland on 08-04-2003 12:42 AM:

quote:
Originally posted by someth1ng
Please tell me you are joking....you really think there's a special codec out there that makes movies appear on this web site? Come on man....you totally gotta be kidding me.


Save it, he was being sarcastic.

I just have a question, for est0r... you said that these letters are nothing new... is it possible to know what the nature of the other letters were and how they were handled by x69? And I'd think these would be more serious if a lawyer's help is being requested, but you know more than I about this.


Posted by someth1ng on 08-04-2003 12:54 AM:

quote:
Originally posted by teen_wasteland
Save it, he was being sarcastic.


You think so?? No way I could be just busting his balls, is there?


Posted by CoWs` on 08-04-2003 03:46 AM:

quote:
Originally posted by TheSmurf
The legallity of having the still pictures from the movies is no contest... they are illegal. Paramount owns the copyright to the movie and all of its images. The still pics are taken from an illegal copy of the movie that has not been given expressed conesent from PAramount, thereby making the pics a copyright infringement as well.

Someone pointed out that games have sample pics all the time. This is true but those sample pics are released by the copyright owner for public use as a way to advertise their product. These two situations are not comparible.

etc etc....



So wat about games on the computer which are copyrighted, am i not allowed to take screenshots of that ?

and also abotu isonews, the guy was actualyl the one modding the xbox's there wasnt just linkst o other pages doing it, he was doing it himself....unlike vcdq wher ethere are just links to the sites that do it


Posted by Chronos Tachyon on 08-04-2003 04:10 AM:

If the legal system actually worked like it's supposed to, the samples would probably fall under Fair Use and be legal. I say "probably" because they're taken for the purpose of commentary on the technical aspects of an unauthorized copy, not for commentary on the content of the actual film. That's a little murky from my non-lawyerly perspective.

In practical terms, however, they have the teams of lawyers, cash on hand, and bribed members of at least one and likely all three branches of the federal government. In short, they are the proverbial 800-pound gorilla.


Posted by Biznaz on 08-04-2003 05:31 AM:

quote:
Originally posted by CoWs`
So wat about games on the computer which are copyrighted, am i not allowed to take screenshots of that ?

and also abotu isonews, the guy was actualyl the one modding the xbox's there wasnt just linkst o other pages doing it, he was doing it himself....unlike vcdq wher ethere are just links to the sites that do it



on isonews, in the firstlook forum, people put up screenshots of games, that the gamer took. these screenshots aren't endorsed by the game company or producer, and certainly are of copyrighted content. so how are these legal, and vcdq not?


Posted by Flashbastard on 08-04-2003 11:45 AM:

Parmount is gay.
Tomb Raider sux.
Case closed.

Tell Paramount to suck a juicy wet fart out of ur ass and then ull think about takin the pics down. I love the part about reporting all names, phone numbers, and addresses of all involved parties!!! What the fuck is wrong with these morons???

Have we all forgot about freedom of speech and freedom of the press??


Posted by Uranus on 08-04-2003 07:04 PM:

Well today is the 4th, so what happened man?

quote:
Please sign this letter in the space provided below, and return it with the above-requested materials to the undersigned before the close of business on August 4, 2003. If we do not receive your written confirmation before that date, we will be forced to recommend that Paramount immediately take further legal action.


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