Portal Home > Knowledgebase > Transparency Report > 28/02/2014 [DMCA] Entertainment Software Association @ (53805)

28/02/2014 [DMCA] Entertainment Software Association @ (53805)

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 herein.

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 employed a peer-to-peer service or software to distribute infringing copies of ESA member game products, including the following title:

FINAL FANTASY

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 members by:

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 copyright infringer.

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.

You or your Subscriber may contact us through the information provided above, with email preferred. The Reference Number from the subject line of this notice should be included in the subject line of all correspondence.

Thank you for your prompt attention to this matter.

Sincerely,


Intellectual Property Enforcement
Entertainment Software Association
Telephone: 202-903-2314

List of infringing content
- ------------------------------
FINAL FANTASY

- ------------------------------
INFRINGEMENT DETAIL
- ------------------------------
Infringing Work : FINAL FANTASY
Filename : Final Fantasy XIII.iso
First found (UTC): 2014-02-25T19:55:59.71Z
Last found (UTC): 2014-02-25T19:56:41.79Z
Filesize : 40643133440 bytes
IP Address: 192.227.130.44
IP Port: 53805
Network: BitTorrent
Protocol: BitTorrent


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 53805 (nothing may identify a single account) and we have blocked port 53805 via Firewall.