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Legal:DMCA/RIAA Kate Bush

From Wikimedia Foundation Governance Wiki

Received via OTRS 3/29/2011. Ticket #2011032910019445

From: "RIAA Antipiracy" <Antipiracy@riaa.com>
To: <info-en-c@wikimedia.org>
Subject: Unauthorized Sound Recording (REF: 106938)
Created: 03/29/2011 16:52:34

VIA E-MAIL

March 29, 2011

Sue Gardner, Designated Agent
Wikimedia Foundation
c/o CT Corporation System
818 West Seventh Street
Los Angeles, CA 90017

Re: http://upload.wikimedia.org/wikipedia/en/1/1f/Kate_Bush_Deeper_Understanding_Sample.ogg

Dear Mr. Gardner:

I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture and distribute approximately eighty-five (85) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.

We believe your server is hosting the above-referenced file on its network. This file offers a sound recording, in an interactive streaming format, by the artist known as Kate Bush. We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.

We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing file from the system, or that you disable access to the infringing file, and that you inform the site operator of the illegality of his or her conduct.

You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.

You may contact me at RIAA, 1025 F Street N.W., 10th Floor, Washington, D.C., 20004, Tel. (202) 775-0101, or e-mail antipiracy@riaa.com, to discuss this notice. We await your response. Kind regards.

Sincerely,

Traci Crippen
Online Anti-Piracy
RIAA

(REF: 106938)