
KILPATRICK TOWNSEND & STOCKTON LLP
www.redacted.com
Ryan Bricker, Esq.
[email protected]
February 14,2011
VIA FEDERAL EXPRESS AND EMAIL ([email protected])
Mr. REDACTED
Attn: Copyright Department
Registered DMCA Agent
REDACTED
REDACTED
RE: Notifcation of Copyright Law Violations – https://ps3mfw.com
Dear Mr. REDACTE
I, the undersigned, state under penalty of perjury that:
We represent Sony Computer Entertainment America LLC (“SCEA”) in intellectual property and litigation matters. It has come to our attention that a website hosted by your service, https://ps3mfw.com/, is distributing software that circumvents PlayStation3 (PS3) security measures and violates copyright law by modifying proprietary PS3 firmware files.
Specifically, the content posted at <https://ps3mfw.com/?p=211> markets, traffics in, distributes, and offers “PlayStation3 Modified Firmware Builder” files or components thereof. These files are illegal because they contribute to and induce copyright infringement and circumvent technological protection measures designed to protect the PS3 and other copyrighted works, in violation of the Copyright Act, 17 U.S.C. § 101, et seq., 17 U.S.c. § 501, et seq. and the Digital Millennium Copyright Act (“DMCA”), 1 7 U.S.C. § 1201, et seq. Federal law provides for injunctive relief, statutory damages, and recovery of monetary damages, including any profits derived from infringing activities and SCEA’s attorneys’ fees under such circumstances.
Furthermore, the content posted at <https://ps3mfw.coml?p=67> and <https://ps3mfw.com/?p=29> offer hyperlinks leading to downloadable software that circumvents PlayStation3 (PS3) security measures and contributes to or induces copyright law violations, including “Custom Firmware” files.
Mr. REDACTED
Registered DMCA Agent
February 14, 2011
Page 2
I have a good faith basis that the web content at <https://ps3mfw.coml?p=211>, <https://ps3mfw.com/?p=67>, and <https://ps3mfw.coml?p=29> infringe SCEA’s rights under copyright law, including but not limited to the DMCA, and that the infringing content is authorized by neither SCEA nor the law.
SCEA takes violations of its intellectual property rights very seriously. Accordingly, SCEA requests that you immediately remove the web content located at the following URLs:
https://ps3mfw.com/?p=211
https://ps3mfw .coml?p=67
https://ps3mfw .com/?p=29
Please remove the content as soon as possible, and no later than by FEBRUARY 15,2011. Finally, the information in this notice is accurate. If you have any questions, please contact me at the email address or phone number listed above.
Thank you in advance for your cooperation.
Very truly yours,
SIGNATURE
Ryan Bricker
Associate
R2B:dhy
63155696 v1
then Sony has NOTHING to say about it :p
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