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Kamphuis v. Seidler

Kamphuis v. Seidler

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Published by Laura Sydell

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Published by: Laura Sydell on Nov 29, 2010
Copyright:Attribution Non-commercial

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12/01/2010

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address: D-13359address: BERLINaddress: Germanymnt-by: MNT-CB3ROBphone: +31 87 8747479e-mail:hostmaster@cb3rob.netadmin-c: CBRC1-RIPEtech-c: CBRC1-RIPEnic-hdl: CBRC1-RIPEchanged:hostmaster@cb3rob.net20090619source: RIPEI attempted to send this DMCA notice directly via email the contact provided on theWHOIS database (contact@novamov.com) fornovamov.com. I have, despite severalnotices, received no response nor have the infringing links been removed from thepage:We would appreciate it if you could forward this notification to the appropriate partyatnovamov.com.Since your company in located in Berlin, please be advised that the infringed film isbeing distributed in Germany by (Pro-Fun Media). They have been cc:d on thisnotice.Thank you.Ellen Seidler-------- Original Message --------Subject: DMCA Copyright Infringement Notification/novamov.comFrom:eseidler@fastgirlfilms.comDate: Thu, April 15, 2010 5:24 pmTo:ops@RIPE.NETCc:contact@novamov.comApril 15, 2010Subject: Notice of Copyright InfringementI am the duly authorized representative of Fast Girl Films, LLC, the exclusive rightsholder for the feature film, “And Then Came Lola.” We request that the all files and/or links related to the film “And Then Came Lola” beremoved immediately from the following URL:http://www.novamov.com/video/hj2wpfroq0skqThus far, despite numerous request, the multiple illegal files on "novamov.com" havenot been removed from the site. According to records "Ripe.net" hoststhe servers that serve this domain/website and so you are being contacted. If thefiles are not removed we will also be in contact with BREIN and ourdistributor in The Netherlands (Cinemien).We request that any and all illegal files containing the film "And Then Came Lola" beremoved immediately.I have a good faith belief that use of the copyrighted materials described above asallegedly infringing is not authorized by the copyright owner, its agent,or the law.This letter is official notification under the provisions of Section 512(c) of the DigitalMillennium Copyright Act (“DMCA”) to effect removal of theabove-reported infringements. I request that you immediately issue a cancellationmessage as specified in RFC 1036 for the specified postings and prevent theinfringer, who is identified by its Web address, from posting the infringing film files toyour servers in the future. Please be advised that law requires
 
you, as a service provider, to “expeditiously remove or disable access to” theinfringed film upon receiving this notice. Noncompliance may result in aloss of immunity for liability under the DMCA.I swear, under penalty of perjury, that the information in the notification is accurateand that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You can reach me at xoxoxoxooxo for further information or clarification. My phonenumber is 510-517-4650 and my mailing address is EllenSeidler, Fast Girl Films, LLCcxxxI hereby request that you remove or disable access to this material as it appears onyour service in as expedient a fashion as possible.Thank you.Ellen SeidlerCo-Producer/Co-DirectorAnd Then Came LolaHi,The real spammers we refer to are actually companies like mediasentry andwebsherriff that besides knowing better keep harassing us and tons of other isps byautomatically sending email (lots of it too ;)trying megavideo and the other streaming sites, indeed makes hell a lot more sense,as that's where the streams come from in the end,most of our clients in this field simply link there, and most of the video-streamhosters actually DO comply with the dmca and dmca-like regulations.The annoying thing is companies like disney inc (most recently ;) trying to force usto cut off the piratebay (by trying to punch holes and undermining providerimmunity), dispite the fact that the piratebay itself does not "distribute" anything, itmerely connects people that want to exchange files, regardless of which kind of file,in the end it's the end users that publish content.I can see you went for the conventional model of DVD distribution, however,considering the profit margin on that, why not just sell your movie online on yourown website in the 50 cent-2 euro price range, surely the profit margin on that is aLOT higher than having the entire distribution chain of distributors, truck drivers,shops, etc taking the profits away, and the market is global.If you simply make it possible to download your movie from your website, maybe theitunes store, or amazon (i think they do that too), nobody in his right mind would gofor a crappy flash based stuttering low-resolution watch-movies-online kinda thing if they can have a fast download of the full HD version, without having to spend hoursin going to a shop, parkign the car, buying a dvd (if its in stock), going home,putting the thing in the player, etc (its a lot more work ;).In our years of conducting business online (we used to do mass domain registrationand mass shared webhosting, nowadays that would be called cloud computing), wefound that people will gladly become your customer if you simply make it EASY
 
enough for them to register and pay online with instant delivery of the services, Iguess the same goes for music and movies as otherwise the itunes store would notbe there ;)We actually wrote something very simular to the itunes store. way before they(apple inc) did (1998-1999) which now is atwww.huge.nl, it's dysfunctional becauseits ugly and the payment processors aren't linked anymore, but something like thatcould well become a central spill in the distribution of movies and music (or maybewe can keep the itunes store around once they learn to make it possible for ANYONEto sell their products there, not just their RIAA friends ;)Now, primary problem I see with movie sites is that they don't have a license (theones that actually distribute the content that is).This is due to the berne convention, which was pushed by the recording and printingindustry of it's days (1933).GEMA, BUMA, STEMRA, etc are all in existance today because back in 1933 it was apretty good idea to have the "rights' managed by an organisation -per country-(after all, back in 1933 you still had several fairly small markets, its not like you had5 billion books printed in korea and then shipped to your customers, there was nointernet, satellite tv wasn't invented yet, etc)The result of this is that disney could not give a license to a movie site to put disneymovies in full hd/3d for a global audience (worldwide distribution) if they wanted to(which, they btw, do not, otherwise they would not be trying to sue US for routingthe piratebay all the time ;)But then again, they have been part of the 'usual suspects' that kept lobbying forsuch regulations that now (also) get in their own way, deratifying treaties isn't quiteso easy as creating them ;)This is also a reason why southpark, for example, doesn't make their episodesavailable on one central worldwide site anymore, but rather has sites per countrynow, eventhough it's their -own- created content.(southpark studios also just includes the advertisements themselves and makes theirstreams high quality, as opposed to third party streaming sites which usually arecaptured from tv airings)I'm quite sure you'll still earn your investment back on the DVDs as a lot of people(still) buy those, and TV stations are (still) around and still get paid to put'something" between advertisements (which in the end makes the cash, also online,in most cases, except for direct sales).Now as far as I understand, these movie sites, get paid by their advertisers,depending on how popular their site is in the "alexa ratings". Why don't you just setup your own movie site, together with some colleguas, that does exactly the same,watch the movie in low-res streaming with advertisements for free, or download it infull-hd and pay for it, I bet a lot of those movie link sites like the one you werecomplaining about would simply link to your site and therefore also generateadvertisement income for you.I cannot interfere in what my customers do, If some guy just buys your DVD and

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