August 11, 2003
Sender Information:
Sharman Networks
Sent by: [Private]
Stubbs Alderton & Markiles, LLP
[private]
Encino, CA, 94136, USA
Recipient Information:
Customer Support, DMCA Complaints
Google Inc.
Mountain View, CA, 94043, USA
Sent via: Federal Express
Re: NOTICE OF COPYRIGHT INFRINGEMENT
Ladies and Gentlemen:
We act on behalf of Sharman Networks, Ltd. (the "Owner").
As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C. §§512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1. The Owner is the exclusive owner of the copyrights in and to the Kazaa Media Desktop software (the "KMD"); and
2. Utilizing the search query, "kazaa," at www.google.com, the following search results (the "Infringing Material") contain unauthorized copies of the KMD or unauthorized derivative works of the KMD which infringe the KMD and the exclusive rights of the Owner:
a. http://www.kazaagold.com
b. http://mp3download.com
c. http://www.kazaalite.tk
d. http://www.kaaza.com
e. http://doa2.host.sk
f. http://www.k-lite.tk
g. http://www.kazaa-file-sharing-downloads.com
h. http://www.kazaalite.nl
i. http://home/hccnet.nl/h.edskes/mirror.htm
j. http://www.kazaa-download.de
k. http://www.zeropaid.com
l. http//www.kazaalite.nl/downloads.htm
m. http://kazaa.infos-du-net.com
n. http://www.kazaa-lite.tk
o. http://www.kazaa-lite.info
Please immediately remove or disable all access to the Infringing Material.
I have a good faith belief that the use of the Infringing Material is not authorized by the Owner, its agents or the law. The information in this Notice of Copyright Infringement is accurate and under penalty of perjury, I am authorized to act on behalf of the Owner.
Should you require any further information regarding this matter, please contact me at the address, telephone number or email address indicated below:
Stubbs Alderton & Markiles, LLP
[private]
Encino, California 91436
Tel: (xxx) xxx-xxxx
Email: [private]@biztechlaw.com
Very truly yours,
[private]
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FAQ: Questions and Answers
[back to notice text]
Question: What are the notice and takedown procedures for web sites?
Answer: In order to have an allegedly infringing web site removed from a service provider's network, the copyright owner must provide notice to the service provider with the following information:
The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)]
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)]
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)]
A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner. [512(c)(3)(A)(vi)]
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove the material from its network. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.


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