Cox
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Stage One
Stage Two
Dear Customer,
We are writing on behalf of Cox Communications to advise you that we have received a notification that you are using your Cox High Speed Internet service to post or transmit material that infringes the copyrights of a complainant's members. We have included a copy of the complaint letter. Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 U.S.C. § 512, upon receiving such notification, Cox is required to "act expeditiously to remove, or disable access to" the infringing material in order to avoid liability for any alleged copyright infringement. Accordingly, Cox will suspend your account and disable your connection to the Internet within 24 hours of your receipt of this email if the offending material is not removed.
Please be aware that the DMCA also provides procedures by which a subscriber accused of copyright violation can respond to the allegations of infringement and, under certain circumstances, cause his or her account to be reinstated. To do so, however, the response must meet certain criteria. Pursuant to section (g) of the DMCA (17 U.S.C. § 512(g)), you have the right to submit to Cox a counter-notification which, to be effective, must include the following elements:
(a) a physical or electronic signature of the subscriber;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) the subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
In the event that you submit to Cox a counter-notification that includes these elements, Cox will forward your counter notification to the complainant and advise them that Cox will cease disabling access to the allegedly infringing material in ten (10) business days. Unless the complainant notifies us that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity prior to the expiration of those ten (10) business days, Cox will reactivate your account.
For answers to frequently asked questions, please follow the link below:
LINK REMOVED
Sincerely,
Cox Customer Security
Stage Three
Case No. 0xxxxxxxx
Dear Cox High Speed Internet Customer:
I am contacting you as an attorney for Cox Communications to advise you that information concerning your account records has been subpoenaed in the above lawsuit. A copy of the subpoena is attached.
The action was filed by members of the Motion Picture Association of America MPAA) against ** customers of Cox Communications. The lawsuit was filed in the Northern District of Georgia and alleges that the unnamed “Doe” defendants have each infringed copyrights owned by MPAA members through use of peer-to-peer internet services.
The lawsuits list an Internet Protocol (IP) address for each of the defendants. Our records indicate that one of the IP addresses listed was assigned to your Cox High Speed Internet account on the date and time described in the lawsuit. The information below includes the relevant “Doe” number, IP address, date and time. Also included is the information concerning your account that Cox will be required to provide.
In order to identify the defendants, MPAA has asked the court to order Cox to provide your name, address, telephone number and email address from our records. If required by the court, the information that we would be required to provide is listed below. The purpose of this notice is to inform you of the lawsuit so that you have the opportunity to file objections and to raise any legal defenses you may have.
To provide you with as much factual information as possible about the status of this and other related lawsuits and the issues they raise, we have set up a page on our Internet website accessible at your Cox.net website under “Hot Topics” or at
[link removed]
This page provides information on the MPAA filings, answers to some practical questions you may have and links to other websites that may be of help to you. Because this matter involves litigation, our Customer Care staff will not be able to assist you with questions you may have.
We regret being placed in the position of sending this notice, but want you to have every opportunity to protect your interests. We are not permitted to give you legal advice and encourage you to consult an attorney familiar with copyright law immediately.
