LukeWalker.org

So we just got this lovely abuse e-mail from Rogers, based on an e-mail from the Entertainment Software Association. The funny thing is that he was only maybe 10-20% of the way through the three potentially offensive game downloads (I checked his computer right after the e-mail came in). Funny in part because the accusation is that he’s distributing or selling the software, when… sure, he probably is dishing out little bits here and there, but he doesn’t actually have the whole thing to give away. Also they seem to associate the tracker URL with us, which is just completely wrong.

Notice E-mail:

Dear Luke Walker

Rogers Cable (Rogers) has received a notice stating that activities associated with your IP address are infringing copyright in material(s) owned or exclusively licensed by others.

The full notice is appended to this e-mail below.

Under section 4(d) of the Rogers Yahoo! Hi-Speed Internet End User Agreement (EUA) and Acceptable Use Policy (AUP), you are prohibited from using the Rogers Yahoo! Hi-Speed Internet service to engage in illegal activities, including activities that infringe copyright.  Copies of our EUA and AUP are available at:

http://na.edit.client.yahoo.com/rogers/show_static?.form=terms&.intl=ca

Where there has been a violation of our EUA and/or AUP, including the unauthorized distribution of copyright-protected material, Rogers has the right to take appropriate action against you.

If you have any questions about the attached copyright notice, please contact the sender of the notice using the contact information provided in the notice.  Please do not reply to this e-mail.

We trust you will comply with our policies and all applicable laws in using the Rogers Yahoo! Hi-Speed Internet service.

Rogers EUA Management Team
Sincerely,

EUA Management Team
Rogers Yahoo Hi-Speed Internet

http://na.edit.client.yahoo.com/rogers/show_static?.form=terms
00798035

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Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA

Attention:  Intellectual Property Enforcement
Telephone:  202-223-2400
E-mail:  mailto:esa@copyright-compliance.com?subject=RE%3A%20Notice%20ID%3A%20182%2D48817084%20ESA%20Canada%20Notice

28 Jul 2008 04:01:48 GMT

ISP: Rogers Cable Communications Inc.
ESA Reference Number: 182-48817084

Dear Rogers Cable Communications Inc.:

The Entertainment Software Association (ESA) is a trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States of America, in Canada, and in other countries (collectively referred to as ESA members).  ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.

ESA is providing this letter of notification to make Rogers Cable Communications Inc. aware of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.

ESA members are entitled to the full protection of Canadian intellectual property laws, including the Copyright Act, R.S.C. 1985, c. C-42, as amended, in such entertainment software products.

Based on the information at its disposal on 28 Jul 2008 03:13:23 GMT, ESA has a good faith belief that 99.233.14.223 infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringing activities.  The copyrighted works that have been infringed include but are not limited to:

Title: SimCity Societies
Infringement Source: BitTorrent
Infringement Timestamp: 28 Jul 2008 03:13:23 GMT
Infringement Last Documented: 28 Jul 2008 03:13:23 GMT
Infringer Username:
Infringing Filename: Simcity.Societies.Deluxe-RELOADED
Infringing Filesize: 2823979146
Infringer IP Address: xx.xxx.xx.xxx
Infringer DNS Name: cpe000fb5785e0f-cm001692f4f318.cpe.net.cable.rogers.com
Infringing URL: http://tracker.mightynova.com/announce

The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available through xx.xxx.xx.xxx.  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, depictions, and material that is the subject of infringing activities, are hereinafter referred to as “Infringing Material.”

Accordingly, ESA hereby requests Rogers Cable Communications Inc. 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.

Please inform us whether you will remove or disable access to the Infringing Material as requested.  Rogers Cable Communications Inc. or the account holder may contact ESA at the above-listed contact details, with email preferred.  Please include the above-noted Reference Number in the subject line of all email correspondence.

Thank you for your cooperation and prompt response in this matter.

Sincerely,

Intellectual Property Enforcement
Entertainment Software Association