Pretty funny
June 22, 2004
RE: http://mirkx.com
To Whom It May Concern:
This office represents A.D. Vision, Inc. (ADV) and its affiliated companies that own and/or are exclusively licensed to use the following protected work (the "Protected Work"):
Azumanga Daioh
DN Angel
Getter Robo Armageddon
Kaleido Star
Kimagure Orange Road
King of Bandit Jing
Pretear
Puni Puni Poemy
RahXephon
Saint Seiya
Through our Internet monitoring program, we recently discovered unauthorized use of our Protected Work in connection with your website (mirkx.com) (the "Site"). Specifically, the Protected Work is being offered for Internet download, copying and distribution through a Bit Torrent server, and potentially through a File Transfer Protocol server.
Our intellectual property rights are our most valuable assets. In order to promote a cooperative and beneficial relationship with fans, ADV prefers to send out written requests such as this first, rather than institute litigation or request that your ISP disable your Site. Notwithstanding the foregoing, unauthorized copying and distribution of ADV's protected works (including images) constitutes an infringement of one or more of ADV's rights under the copyright laws of the United States, Canada and other jurisdictions throughout the world. Applicable law provides for substantial penalties for such infringement, including injunctive relief, attorney's fees, and damages. ADV has instituted litigation in the past, and in every such litigation, ADV prevailed. If necessary, ADV will not hesitate to take such action again to insure that its rights are fully protected.
Therefore, without limiting any right, remedy or defense available to us, ADV MUST ASK THAT YOU IMMEDIATELY:
1) Delete and cease all further use of the Protected Work, and any other unauthorized ADV works, from the Site.
2) Remove and delete all copies of the Protected Work, and any other unauthorized ADV titles, from any other distribution channel owned, operated or otherwise controlled or accessible by you or those to whom you grant access including other web sites, FTP servers, web-based storage services, peer-to-peer systems and the like (each of the foregoing being a "Channel").
3) Remove and delete all references, pointers and hypertext links pertaining to infringing copies of the Protected Work from all such Channels.
If you are unsure of whether any other titles related with your Site are ADV Protected Works, or you would like to be more pro-active in your awareness of our licensed titles for future reference, please check with the official ADV site www.advfilms.com or our customer service department.
We also ask that you please advise us in writing within five (5) days from the date of this notice as to whether you will comply with our request so that we can determine whether any additional action will be required beyond this point. I trust this will receive your prompt attention, and if there is anything I can help you with in future, please let me know.
Sincerely,
Enforcement Team
Anti-Piracy Division
A.D. Vision, Inc.
Public reply from mirKx.com: (06.28.2004)
MirKx.com is not under North American's laws. It is unfortunate that this Site is available in North America, since it has only been made for Comoro Islands' inhabitants, where mirKx.com is acting from. Moreover, the referenced international copyright laws don't apply, since the Comoro Islands:
- didn't sign the International Berne Convention of 1886
- is not a state member of the WIPO.
MirKx.com is acting as an AUTOMATIC index of links, and the Protected Work you make reference to are NOT hosted on this server. If your corporation believes that "pointing to materials which you have property rights on" is an illegal fact, you may sue Google.com (2400 E. Bayshore Pkwy Mountain View, CA 94043, USA) having indexed this Site, under the Digital Millenium Copyright Act of 1998.
omFg... *krata galvu* sviests... tie no adv gan ir elliigi cirvji...
