Mountain View, CA, 94043, USA
Sent via: online form: Form
Re: Infringement Notification via Code Complaint
Google Form: copyright DMCA Complaint of alleged copyright infringement
1. Complainant's Information
Name:
Company name: MultiChoice
Full legal name of the copyright holder: MultiChoice Africa
Country of residence: ZA
2. Your copyrighted work
Location of copyrighted work (where your authorized work is located):
www.multichoice.co.za
Description of the copyrighted work:
As you are no doubt aware, MultiChoice Technical Operations (PTY) LTD (“MultiChoice”) operates Pay-television platforms in South Africa.
MultiChoice is the owner of the copyright which subsists in the broadcasts
and program-carrying signals broadcast and emitted and, as such, has the
exclusive right to reproduce, directly or indirectly, its broadcasts in any
form, to re-broadcast it broadcasts, to cause its broadcasts to be
transmitted in a diffusion service and to authorise or undertake, directly
or indirectly the distribution of its program-carrying signals to the
public.
Furthermore MultiChoice is also the owner of the copyright which subsists
in the computer programs used for receiving our signals on a personal
computer and or mobile device.
It has come to our attention that, in violation of this copyright and our
other rights, you are either providing or allowing other users or forum
members to provide information or links to sites containing and adaptation
of our computer program or information which would be unlawfully as it
contains information or procedures that aid in modification of the working
or security of a computer program known as the DStv Mobile Decoder that
negatively impacts on our business. Furthermore potentially furthering
(either directly or indirectly) the possibility of users or forum members
re-broadcasting, alternatively transmitting through a diffusion service
and/or other means, the broadcasts and/or program-carrying signals of
MultiChoice to other users or forum members by means of the following, but
not excluding other, website/s or website link/s or files:
http://code.google.com/p/xbmc-supersport-tv/downloads/list
Above link referred to by:
http://mybroadband.co.za/vb/showthread.php/345425-XBMC-Supersport-Addon?
Such conduct also constitutes an unlawful infringement of registered and
pending trademarks in the name of MultiChoice and/or DStv Mobile.
Your conduct furthermore constitutes a contravention of the provisions of
the International Brussels Convention (“the International Satellite
Convention”) of 1994, which prohibit the distribution of program-carrying
signals transmitted by satellite in the absence of due authorisation
therefore.
In South Africa it is also a contravention of Section 23 and 27 of the
Copyright Act 98 of 1978, Section 66 (A), and section 49(1) of the
Regulation of Interception of Communications and Provision of
Communication-Related Information Act, 70 of 2002.
In the circumstances, we demand that you forthwith cease and desist from
such activities, failing which we reserve our rights to immediately
commence the necessary proceedings against you without further notice to
protect such copyright and trademarks, including but not limited to an
interdict of your unlawful activities and a claim for damages.
Yours faithfully
[redacted]
Technology Risk Manager
Broadcast Technology Division
Tel: +27 11 [redacted]
Fax: +27 11 [redacted]
Email: [redacted]@multichoice.co.za
Website: www.multichoice.co.za
3. Allegedly Infringing Material:
URL of the allegedly infringing material in our search results:
(1.) http://code.google.com/p/xbmc-supersport-tv/downloads/list
Sworn Statements
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. [checked]
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [checked]
Signed on this date of:
2011-9-14
Signature
[Private][/QUOTE]
