Message-Id: <5.1.0.14.2.20020828130611.029dbfd0@solan.itea.ntnu.no>
Date:	Wed, 28 Aug 2002 15:28:22 +0200
To:	dmca@idsa.com, abuse@ntnu.no
From:	Arild Nybraaten <arild.nybraaten@itea.ntnu.no>
Subject: Re: Demand for Immediate Take Down - Notice of Infringing
  Activity - Ref. #571560
In-Reply-To: <200208071316.0AA50564@idsa.com>
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Xref: hagbart.nvg.ntnu.no mail.misc:8457

We have looked into this case - and another case marked Ref. #571561.

The server hosting this services (bac2roots.org) have been moved from a 
commercial ISP in Germany to our network.
As far as I understand you have been accusing the Back2roots.org for 
softtware piracy when they were hosted in germany.

According to my investigations they prooved "innocence" - as the titles 
found there are mostly amiga-titles and all of therm are either free or 
they have been allowed to publish them by the owners.

I have received the following letter from back2roots.org. Until you prove 
their statements to be false we will do nothing more in this case.

Statement/letter from back2roots.org

>BTTR got "attacked" by IDSA!
>
>   BTTR has been "attacked" by the obscure private international 
> "software
>   cops" IDSA. Not that we were contacted by them, no, they asked our host
>   ZTnet to shut us down, because they believe that we infringe copyright
>   with our games section. Obviously, they did not do any research before.
>
>   A quote:
>   "... IDSA hereby requests ZTNet L.L.P. to immediately remove or disable
>   access to the sale of Infringing Material at the URL address identified
>   above.", naming our URL.
>
>   This happened without a prior chance of interaction. Only the graceful
>   reaction of ZTnet to inform us was the reason why we weren't already
>   shut down and why we got a chance to interact. We had to defend with
>   approves against their believes. In the end we did the work they get
>   payed for.
>
>   We especially wonder why they have chosen us for that attack, and not one
>   of the zillions of warez sites. Looks like someone must have pointed them
>   at us. Whoever you are, do you sleep good at night abusing honest 
> people?
>
>   After having offered some contact info of people who licensed some of
>   the games, IDSA didnt even see the need to respond again, even after 
> an
>   additional request. Strange behaviour. Time piracy.
>


At 15:13 07.08.2002, dmca@idsa.com wrote:
>Interactive Digital Software Association
>1211 Connecticut Avenue, N.W.
>Washington, DC 20036 USA
>
>Attention:  Piracy Enforcement – DMCA Officer
>Telephone:  202-223-2400
>Fax:  202-223-2401
>E-mail:  dmca@idsa.com
>
>Wednesday, August 07, 2002
>
>Dear abuse@ntnu.no,
>
>I am an authorized representative of the Interactive Digital Software 
>Association (“IDSA”), which represents the intellectual property 
>interests of almost thirty companies that publish interactive games for 
>video game consoles, personal computers, handheld devices and the Internet.
>
>IDSA is providing this letter of notification to make NTNU aware of 
>material available via its network or system that infringes the exclusive 
>copyright and trademark rights of one or more IDSA members.  This notice 
>is addressed to you as an agent of  NTNU for purposes of receiving 
>notifications of claimed infringement.  We hereby affirm that the IDSA is 
>authorized to act on behalf of the IDSA members whose exclusive copyright 
>rights we believe to be infringed as described herein.
>
>Based on the information obtained by IDSA that is provided in this 
>e-mail’s attachments, IDSA has a good faith belief that the Internet 
>site found at http://files.back2roots.org/ infringes the rights of one or 
>more IDSA members by offering for download one or more unauthorized copies 
>of one or more game products protected by copyright, including, but not 
>limited to:
>
>Doom
>Mario
>Pac Man
>
>Through the Berne Convention and other international treaties covering 
>intellectual property rights, we believe that our members’ rights in 
>such games are entitled to the full protection of the intellectual 
>property laws of your country.
>
>The unauthorized copies of such game product[s] appearing on, or made 
>available through, such site are listed and/or identified on such Internet 
>site by their titles, variations thereof or depictions of associated 
>artwork (any such game titles, copies, listings and/or other depictions 
>of, or references to, any contents of such game product, are hereinafter 
>referred to as “Infringing Material”).  Based on the information at 
>its disposal on 8/6/2002 9:03:42 PM GMT, IDSA believes that the statements 
>herein accurately describe the infringing nature and status of the 
>Infringing Material.
>
>Accordingly, IDSA hereby requests  NTNU to immediately remove or disable 
>access to the Infringing Material at the URL address identified above.
>
>Should you have questions, please contact the IDSA at the above listed 
>mailing address or by replying to this email.  Please also include the 
>above noted Reference Number in the subject line of all email correspondence.
>
>We thank you for your cooperation in this matter.  Your prompt response is 
>appreciated.
>
>Regards,
>
>Robert L. Hunter, IV
>Interactive Digital Software Association
>
>Note:  The information transmitted in this Notice is intended only for the 
>person or entity to which it is addressed and may contain confidential 
>and/or privileged material.  Any review, reproduction, retransmission, 
>dissemination or other use of, or taking of any action in reliance upon, 
>this information by persons or entities other than the intended recipient 
>is prohibited.  If you received this in error, please contact the sender 
>and delete the material from all computers.
>
>

Arild Nybraaten
CSO - Norwegian University of Science and Technology
-- 
arild
Norwegian University of Science and Technology, ICT-section
S-mail: Arild Nybraaten, NTNU-ITEA Teknostallen, N-7491 Trondheim, Norway
e-mail: arild.nybraaten@itea.ntnu.no
Tel: +47 73598041(voice) +47 73595370(fax)