Hello,
The hosting of an abusive content (Copyright) on your dedicated server ns346358’ip-91-121-173’eu has been reported to or noticed by our Abuse Team.
Technical details (such as URLs) showing the aforementioned problem follow :
— start of the technical details —
March 24, 2020
Ref: C18779817
Dear Sir/Madam,
I am contacting you on behalf of the International Federation of the Phonographic Industry (“IFPI”) and the record companies it represents. The IFPI is a trade association that represents around 1,300 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the “IFPI Represented Companies”).
The information set forth in this notice is accurate and, under penalty of perjury, we submit that we are authorised to act on behalf of the IFPI Represented Companies in matters involving the infringement of exclusive rights that the IFPI Represented Companies hold in their sound recordings, including enforcing their copyrights and other legal rights on the Internet.
We have learned that your service is making available, distributing and/or referring/linking users to infringing copies of the following sound recordings, the copyrights in which are exclusively owned or controlled by one or more IFPI Represented Companies:
DUA LIPA — DON’T START NOW (https://admin’xits’pro/media/euromusic/Dua-Lipa—Don-‘t-Start-Now[Xits’uz].mp3)
DUA LIPA — PHYSICAL (https://admin’xits’pro/media/euromusic/Dua_Lipa_-_Physical’mp3)
DUA LIPA — HALLUCINATE (https://admin’xits’pro/media/euromusic/Dua_Lipa_-_Hallucinate’mp3)
(the “IFPI Represented Companies Sound Recording/s”).
We have included in the table above the URL for the locations where we have identified instances of making available, distributing and/or referring/linking users to the IFPI Represented Companies’ Sound Recordings on your service.
We have a good faith belief that the above-described activity is not authorised by the copyright owner, its agent, or the law.
We are asking for your immediate assistance in stopping this unauthorised activity. We require you to take action to immediately cease making available, distributing and/or referring/linking users to infringing copies of the IFPI Represented Companies’ Sound Recordings on your service. That action should include, where applicable:
• Deleting all copies from your service’s servers; and
• Deleting and/or disabling all URLs;
The action required should be taken not only in relation to the URLs/locations indicated in the notice, but in relation to all instances of making available, distributing and/or referring/linking users to infringing copies of the IFPI Represented Companies’ Sound Recordings on your service.
Further, we ask you to take reasonable steps to prevent further instances of making available, distributing and/or referring/linking users to infringing copies of the IFPI Represented Companies’ Sound Recordings on your service.
Our top priority is to prevent the continued availability of the IFPI Represented Companies’ content on the internet. Unauthorised copies of sound recordings that are freely available, especially pre-release recordings, cause substantial damage to the IFPI Represented Companies every hour and day they remain available. In sending this notice we are providing you with specific knowledge of the unauthorised activity detailed above and are seeking to ensure that infringing content is removed from the internet as quickly as possible through your cooperation. However, please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it.
Our use of a notice in this form, as required by you, is meant to facilitate your removal of the infringing material listed above and we neither admit nor accept that you are a ‘service provider’ for the purposes of the United States’ Digital Millennium Copyright Act (DMCA), or any similar legislation in another jurisdiction, or that it is necessary to serve, or that you are entitled to be served, with such a notice. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard.
In addition, this notice does not constitute a waiver of any right to recover damages incurred by virtue of any unauthorised activities described in this notice, and such rights as well as claims for other relief under the laws of the United States or any applicable legislation in any other jurisdiction, are hereby expressly reserved.
You may contact me at IFPI Secretariat, 7 Air Street, London W1B 5AD, United Kingdom or email email-removed@provider.com, to discuss this notice.
We await your response.
Yours faithfully
Graeme Grant
Director of Content Protection & Enforcement
IFPI
3rd Floor
7 Air Street
London
W1B 5AD
United Kingdom
Email: email-removed@provider.com
Tel: +44 (0)20 7878 7900
Fax: +44 (0)20 7878 7950 \— Forwarded email(s) —
— end of the technical details —
Your should investigate and fix this problem, as it constitutes a violation to our terms of service.
Please answer to this e-mail indicating which measures you’ve taken to stop the abusive behaviour.
Cordially,
The OVH Abuse team.
