Activision Does Not Mess Around?

----- Forwarded Message ----
From: "abuse@rogers.com" <abuse@rogers.com>
To: XXXXXXXXXXX
Sent: Fri, May 28, 2010 8:32:37 AM
Subject: Rogers EUA Management Team Notice

Dear XXXXXXXXX

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://info.yahoo.com/legal/ca/rogers/terms/all/
01411573



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Hash: SHA1

Mark Ishikawa
BayTSP.com Inc.
PO Box 1314 - Los Gatos, CA 95031
Phone:: 408-341-2305 fax:: 408-341-2399
activision@copyright-compliance.com

E-mail: mailto:activision@copyright-compliance.com?subject=RE%3A%20Notice%20ID%3A%20290%2D6535727%20Activision%20Foreign%20Notice

Notice ID: 290-653XXXX

ISP: Rogers Cable Communications Inc.
BayTSP Reference Number: 290-653XXXX
IP Address: 174.XXX.XXX
Date of Infringement: 17 May 2010 23:10:12 GMT

Dear Rogers Cable Communications Inc.:

BayTSP represents the intellectual property interests of Activision that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries. BayTSP is authorized to act on behalf of Activision whose copyright and other intellectual property rights it believes to be infringed as described herein.

BayTSP is providing this letter of notification to make Rogers Cable Communications Inc. aware that the IP Address identified below is using the services and systems of Rogers Cable Communications Inc. to infringe the exclusive copyright and other rights of one or more Activison works. This notice is addressed to you as the agent designated by Rogers Cable Communications Inc. to receive notifications of claimed infringement.

Through the Berne Convention and other international treaties covering intellectual property rights, BayTSP believes that its members' rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.

Based on the information at its disposal on 17 May 2010 23:10:12 GMT, BayTSP has a good faith belief that the subscriber using the IP address 174.1XX.X.XX is infringing the copyright rights of one or more Activision works by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services), in violation of applicable copyright laws, through internet access that Rogers Cable Communications Inc. provides directly to the 174.1XX.X.XX or through a downstream provider that purchases this access for 174.1XX.X.XX. The copyrighted works that have been infringed include but are not limited to:

Title: Call of Duty: Modern Warfare 2
Notice ID: 290-6535727
Infringement Source: BitTorrent
Infringement Timestamp: 17 May 2010 23:10:12 GMT
Infringement Last Documented: 17 May 2010 23:10:12 GMT
Infringer Username:
Infringing Filename: Call.of.Duty.Modern.Warfare.2.PROPER-SKIDROW
Infringing Filesize: 11887427091
Infringer IP Address: 174.1XX.X.XX
Infringer DNS Name: CPE00XXXcfeaXXX-CM001ac318f962.cpe.net.cable.rogers.com
Infringer Port ID: 0
Infringer Bay ID: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX



The unauthorized copies of game product 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."

Given this infringing activity by 174.1XX.X.XX, BayTSP urges Rogers Cable Communications Inc. to cooperate with its efforts to protect the intellectual property rights of its members companies and 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 BayTSP 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,

Mark Ishikawa
BayTSP.com Inc.
PO Box 1314 - Los Gatos, CA 95031
Phone:: 408-341-2305 fax:: 408-341-2399
activision@copyright-compliance.com