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2020/06/2020-06-02-MPA.md
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2020/06/2020-06-02-MPA.md
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Dear Github, Inc.:
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The Motion Picture Association, Inc. ("MPA") represents each of the major motion picture studios in the United States, specifically, Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Universal City Studios LLC, Warner Bros. Entertainment Inc., Walt Disney Studios Motion Pictures, Netflix Studios, LLC, and their respective affiliates (collectively, the “MPA Member Studios”), which own or control exclusive rights under copyright in and to a vast number of motion pictures and television shows worldwide.
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We are writing to notify you of, and request your assistance in addressing, the extensive copyright infringement of motion pictures and television shows that is occurring by virtue of the operation of the infringing service titled “Movies Time.” Movies Time is a software application – specifically an APK – that is preconfigured to provide unauthorized access to copyrighted motion pictures and television shows; a user need only download the APK, and on launch it will allow the user to search for, select and stream large numbers of copyrighted motion pictures and television shows, without any further configuration by the user, and all without authorization (collectively, the “APK”). (In prior correspondence, there was confusion about any connection between Movies Time and Google Play. To confirm, there is no connection. Movies Time does not connect to or reference Google Play or any other user’s individual subscriptions, logins, or content; rather, it is preconfigured to provide unauthorized access to infringing content hosted and streamed from pirate sources).
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Github is providing supporting services to Movies Time in multiple ways. Github hosts and makes available for download multiple versions of the APK itself in the Github repository at https://github.com/Audionetime/Movie-s-Time-Apia (the “Repository”). Github also hosts Movie Time’s Internet website https://moviestimeapp.github.io/ (the “Website”) on the IP addresses 185.199.109.153, 185.199.108.153, 185.199.111.153, 185.199.110.153 in your network. The Website provides a download link for the APK, connecting users directly to the APK on Github’s Repository.
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Attached as Exhibit A is a list of some of the motion pictures and television programs that are owned or controlled by the MPA Member Studios and that are being infringed by Movies Time. Specifically, MPA has visited the Website, clicked on the download link, downloaded the APK from the Repository, launched the APK (without any modification or other input), selected sample titles to stream, and taken screenshots of those sample titles streaming, without authorization, through the APK. Exhibit A is provided as a representative sample of the infringements being committed as a result of the operation of Movies Time, and to demonstrate the readily-apparent nature of the massive infringement occurring thereon. The list is not intended to suggest that the identified infringements are the only ones occurring on Movies Time. Having been informed, through the representative list, of the nature and scope of infringements occurring on these websites, we hope that you will act appropriately to address all infringement on Movies Time, not merely the identified representative examples.
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Exhibit A, moreover, merely provides concrete examples of what is obvious from even a cursory review of Movies Time. Movies Time – your customer – blatantly infringes the MPA Member Studios’ copyrights and countless other copyrights. Indeed, copyright infringement is so prevalent on Movies Tim that infringement plainly is its predominant use and purpose.
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By this notification, we are asking for your immediate assistance in stopping your customer’s unauthorized activity. Specifically, we request that you cease providing all supporting services to Movies Time, by (1) removing or disabling access to the infringing Website, and (2) removing the APK from your Repository, all in accordance with either 17 U.S.C. § 512(c)(3)(A)(ii) (DMCA “representative list” provision), 17 U.S.C. § 512(i)(1)(A) (DMCA “repeat infringer” provision), and/or the Github, Inc.’s Acceptable Use Policies which prohibits use of your facilities for copyright infringement, see https://help.github.com/en/github/site-policy/github-acceptable-use-policies
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We are providing this notice based on our good faith belief that the use of motion pictures and television programs owned by the MPA Member Studios in the manner occurring via Movies Time is not authorized by the copyright owners, their agents, or the law. The information in this notification is accurate and, under penalty of perjury, we are authorized to act on behalf of the MPA Member Studios, which own or control exclusive rights under copyright that are being infringed in the manner described herein. This letter is without prejudice to the rights and remedies of the MPA Member Studios and their affiliates, all of which are expressly reserved.
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If you have any questions, please contact me by telephone at [private], or via email at [private].
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Regards,
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[private]
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[private] & [private]
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