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Old 2007-11-17, 10:53   Link #1
GHDpro
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Join Date: Jan 2001
Location: Netherlands
Age: 41
Copyright infringement (DMCA) notices for unlicensed anime

Over the past few days some disturbing news has reached the AnimeSuki email box: it seems several Comcast (an US internet provider) users have received DMCA notices for unlicensed anime. It seems there might be some fact to the news reported in the Japan Asks America to Stop Illegal Net Releases of Anime thread after all.

So far DMCA notices have been reported involving the following anime (Japanese anime studios in parenthesis) [fansubgroup in brackets]:
- Suteki Tantei Labyrinth (Studio Deen) [OOM]
- Gundam 00 (Sunrise / Mainichi Broadcasting) [Conclave/Mendoi]
- Seto no Hanayome (AIC / avex / Gonzo) [?]
- Nagasarete Airantou (feel / Starchild) [Ayako]
- Shugo Chara! (Satelight) [Raw]
- Higurashi no Naku Koro ni Kai (Studio Deen) [Philantrophy]

As you can see there is no real pattern, other than that the anime was unlicensed and the people who received the notices were Comcast users.

See update below the quoted section -- it's no longer just Comcast users getting these notices.

I wonder if this is a trend, so I'd like to ask if anyone else has received a DMCA or similar copyright infringement notice from their ISP or third party recently for downloading anime in the US or Europe?

Forum member aldraek's thread about this issue was deleted because he misinterpreted the notice as a the series being licensed (which is possible, but seems terribly unlikely considering not all of the series seem like likely license candidates to me). Here is the contents of his post, which shows how the DMCA notices look like:
Quote:
Originally Posted by aldraek
So I grabbed the first episode of Gundam 00 a few days ago just to check it out and see if it was worth watching... (unfortunately not something that grabbed my attention after watching it) and today, very surprisingly, I got an e-mail from Comcast about it. Anyone care to comment? I know that downloading anime is in the grey-area legally if it's not been licensed in your region, but I also know that Gundam 00 is not licensed in region 1. Can anyone care to tell me what's going on? Maybe some advice on how to handle this? This is the FIRST letter of any kind that I've received regarding this nature... Interesting fact was that I had uTorrent running with encryption on, guess it's not all that cracked up.

Anyway, here's a copy of the e-mail with sensitive information removed:

From: Comcast Network Abuse [mailto:abuse-noreply@comcast.net]
Sent: Friday, November 16, 2007 4:23 AM
To: Comcast Internet Subscriber
Subject: Notice of Claim of Copyright Infringement.

Notice of Action under the Digital Millennium Copyright Act

Abuse Incident Number: NA000000-------
Report Date/Time: Wed, 14 Nov 2007


Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its authorized
agent, reporting an alleged infringement of one or more copyrighted works
made on or over Comcast's High-Speed Internet service (the 'Service'). The
copyright owner has identified the Internet Protocol ('IP') address
associated with your Service account at the time as the source of the
infringing works. The works identified by the copyright owner in its
notification are listed below. Comcast reminds you that use of the Service
(or any part of the Service) in any manner that constitutes an infringement
of any copyrighted work is a violation of Comcast's Acceptable Use Policy
and may result in the suspension or termination of your Service account.

If you have any questions regarding this notice, you may direct them to
Comcast in writing by sending a letter or e-mail to:

Comcast Legal Response Center
Comcast Cable Communications, LLC
650 Centerton Road
Moorestown, NJ 08057 U.S.A.
Phone: (856) 317-7272
Fax: (856) 317-7319
E-mail: dmca@comcast.net

For more information regarding Comcast's copyright infringement policy,
procedures, and contact information, please read our Acceptable Use Policy
by clicking on the Terms of Service link at http://www.comcast.net.

Sincerely,
Comcast Legal Response Center

Copyright work(s) identified in the notification of claimed infringement:

Evidentiary Information:

Notice ID: ---
Asset: Gundam 00
Protocol: BitTorrent
IP Address: xx.xx.xx.xx
DNS: xx.xx.xx.comcast.net
File Name:
[Conclave-Mendoi]_Mobile_Suit_Gundam_00_-_01v2_[1280x720_H.264_AAC][871FCBC2
].mkv
File Size: 361374904
Timestamp: 12 Nov 2007 04:56:59 GMT
Last Seen Date: 12 Nov 2007 04:56:59 GMT
URL: http://tracker.radicand.org:5190/announce
Username (if available):
Update November 19:
A new report has come in where BayTSP sent a copyright infringement notice to a downloader in France (who was downloading French fansub of what I presume was an unlicensed series in France). BayTSP is a copyright enforcement company btw, that does the detective work for their "clients".

Update: to be precise, the original notice from BayTSP got forwarded by the French ISP to their customer, unlike the Comcast notices where they reformatted the information. BayTSP is not sending these notices directly to users, as BayTSP only knows the IP of the users they "caught", not their email address.

The interesting bit however is that the notice also includes on whose behalf they're sending their notices, which (as had been suspected) appears to be Odex (Singapore), which had also recently taken action against downloaders in their own country. Why Odex is now targeting international downloaders is a bit of a mystery considering international sales should be negligible for them.

Here is an overview of series mentioned in the BayTSP notices (which mention Odex):
- Ouran High School Host Club (BONES) [Nerae - French] (Licensed in US, but not in France?)
- Shugo Chara! (Satelight) [Formula] (see this post)
- Nagasarete Airantou (feel / Starchild) [?]
- Claymore (Madhouse / avex / AVP) [Eclipse]
- Shakugan no Shana II (J.C. Staff) [Eclipse]

Update November 20:
While I'm not sure how reliable this news is exactly, one visitor indicated that (again as had been suggested) it may have been BayTSP that has gone beyond what they were instructed to do by Odex by sending out notices globally, and not Odex themselves ordering them to do so specifically. This could be very good news: if Odex "fixes" this by asking BayTSP to stick to Singapore only, this means international fansub downloaders (outside Singapore) should once again be pretty safe. Of course for some the "damage" may already have been done.

Update November 21 - The Conclusion!
The news above has now been officially confirmed by Singaporean newspaper The New Paper who contacted Odex and BayTSP about the issue. Sending notices to downloaders outside Singapore was a mistake on the part of BayTSP. Read the full article here: http://www.darkmirage.com/blog/wp-co...1_odex_lol.jpg (courtesy of DarkMirage) or the online version.
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Last edited by GHDpro; 2007-11-22 at 01:22.
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