23/07/2014 [DMCA] The Entertainment Software Association @ U.S. Utah 2 (56096)
Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA
Attention: Intellectual Property Enforcement
WestHost, Inc. 164 N Spring Creek Pkwy Providence UT 84332 US
Re: Copyright Infringement by WestHost Subscriber
Using IP 126.96.36.199 on 2014-07-20T21:24:52.59Z (the
Reference Number 22293098992
The Entertainment Software Association ("ESA") is the U.S. trade
association that represents the intellectual property interests of companies
that publish interactive games for video game consoles, personal computers,
handheld devices, and the Internet (hereinafter collectively referred to as
"ESA members"). A list of ESA members can be found at
http://www.theesa.com/about/members.asp. Under penalty of perjury, we affirm
that ESA is authorized to act on behalf of ESA members whose exclusive copyright
rights we believe to have been infringed as described below.
ESA is providing this notice pursuant to the Digital Millennium Copyright Act
("DMCA"), 17 U.S.C. section 512, to request that you take immediate
action with respect to infringement of ESA member copyrighted works by your
Subscriber. Using the IP address on the date and time referenced in the subject
line of this notice, the Subscriber or someone using their account employed a
peer-to-peer service or software to distribute one or more infringing copies of
ESA membersâ€™ games, including the following title:
Courts in the United States have held consistently that the unauthorized
distribution of copyrighted works using peer-to-peer or similar services
constitutes copyright infringement. E.g., MGM Studios, Inc. v. Grokster, Ltd.,
545 U.S. 913 (2005); BMG Music v. Gonzalez, 430 F.3d 888, 891 (7th Cir. 2005);
Arista Records LLC v. Lime Group LLC, 2010 U.S. Dist. LEXIS 46638, *49 (S.D.N.Y.
May 11, 2010
This Subscriber should understand clearly that there are serious consequences
for infringement. The Copyright Act in the United States provides for statutory
damages of up to $30,000 per work infringed, and up to $150,000 per work for
willful infringement. 17 U.S.C. section 504(c).
We ask that you work with us to protect the intellectual property rights of ESA
1. Providing the Subscriber with a copy of this notice of copyright
infringement, and warning the Subscriber that his or her conduct was unlawful
and could be subject to civil or even criminal prosecution.
2. Promptly taking steps to stop the Subscriber's infringing activity.
3. Pursuant to 17 U.S.C. section 512(i)(1)(A), as appropriate, terminating the
account of the Subscriber if your records show that he or she is a repeat
ESA has a good faith belief that the Subscriber's reproduction and/or
distribution of these copyrighted works as set forth herein is not authorized by
the copyright owners, their agents, or the law. The information in this
notification is accurate. Neither ESA nor its members waive any claims or
remedies, or their right to engage in other enforcement activities, and all such
claims, rights and remedies are expressly reserved.
If your Subscriber has additional questions about this notice, we would
encourage them to visit http://www.theesa.com/DMCA.pdf to learn how to delete
the infringing material and avoid receiving future notices.
Thank you for your prompt attention to this matter.
Sincerely,Intellectual Property Enforcement
Entertainment Software Association
List of infringing content
Infringing Work : FIFA
Filename : FIFA 14 [MULTI][PSP][EUR][BAHAMUT][WwW.GamesTorrents.CoM]
First found (UTC): 2014-07-20T21:24:07.62Z
Last found (UTC): 2014-07-20T21:24:52.59Z
Filesize : 664051138 bytes
IP Address: 188.8.131.52
IP Port: 56096
Protocol: BitTorrent If you have some issues please reply to
email@example.com, reply to firstname.lastname@example.org will be ignored.
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ESAIntellectual Property EnforcementEntertainment Software Association 575
Street, NW, Suite 300 Washington, DC 20004 USAdmca@theesa.com
WestHostWestHost, Inc. 164 N Spring Creek Pkwy Providence UT 84332 US
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Action that has been taken from Proxy.sh: Because the server is located in a jurisdiction with precise intellectual property laws, we have reset accounts who forwarded port 56096 (nothing may identify a single account) and we have blocked port 56096 via Firewall.