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Dear Sirs,
This is to inform you of the infringement of copyrights to the content that belongs to our client (the “Rights Holder”) whose intellectual property rights are being violated via the mobile application platform that embeds the mobile app URL. We are authorised to write to you on their behalf. Our contact details and letter of authorization from the respective Rights Holder (s) are found below for your reference. The Rights Holder(s) are the producers / broadcasters of movies and television shows for which; the mobile application URLs infringing their rights are mentioned below (the “Copyright Content”). The production / distribution and ownership rights are exclusively owned by the Rights Holders who are entitled to enforce their rights, worldwide (“Exclusive Rights”).
The Exclusive Rights in relation to the Copyrighted Content can be transmitted or retransmitted only with the license and authorization by the respective Rights Holder (s), on various platforms (including the internet) and mobile platforms.
We would like to bring to your notice in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011 framed there under, regarding the violation of the Rights Holder exclusive rights under the Copyright Act, 1957 through the intermediary’s web portal. The unauthorized distribution will also violate the Online Copyright Infringement Liability Limitation Act (OCILLA) that forms part of the Digital Millennium Copyright Act of 1998 (DMCA). The infringing Copyrighted Content has been identified and is made accessible, as of the date of this notice, at the following domain pikashow.xyz.
Specifically, the Copyrighted Content belonging to the Rights Holder that is being infringed is available on the above-mentioned infringing website and at the following URL(s) that is found on mobile application platform:
https://pikashow.xyz/
At this juncture, we would like to inform you that we have sent several notifications to the domain owners and since they have not responded or complied, we were forced to send our notification to you. We have identified that the mobile application platform utilizes the services of the pass-through network provider “CloudFlare”.
We notified Cloudflare Inc, vide our legal notice dated 16th December 2020 regarding the egregious infringements occurring on the infringing website. Cloudflare has responded vide their email dated 16th December 2020 informing us that the infringing website is hosted on your platform and is using Fastly services to broadcast (either through hosting or embedding) the Rights Holder’s Copyrighted Content. This activity is in direct violation of the Rights Holder’s Exclusive Rights.
A copy of Cloudflare Inc.’s response (attached in PDF) and screenshots evidencing the above-mentioned infringements are provided for your record and ready reference.
In light of the foregoing, we hereby demand that you immediately suspend the infringing website and take steps to ensure that, in future, the website does not infringe upon the Rights Holder (s) Exclusive Rights under the copyright. Without limitation, we demand that you inform the domain owners to immediately cease and desist from using their website to directly or indirectly cause, contribute to, enable, facilitate, aid, abet, induce, encourage, and/or participate in the infringement of Rights Holder (s) copyrighted works, including but not limited to the intellectual property as identified.
Please also take appropriate action against the domain owners for repeat infringements under your Abuse Policy/Terms of Service Agreement and in accordance with applicable laws.
We are providing this notice based on our good faith belief that the use of the content owned by Rights Holders in the manner occurring via Website is not authorized by the copyright owners, their agents, or the law. The information contained in this notification is accurate.
Your immediate acknowledgement and action is solicited with respect to this notice.
We can be contacted at [private] & [private], or via phone on +[private]. Our address is Aiplex Software Private Limited,N Cube Centre, #[private], [private]Next to [private] [private], [private].
I swear, under penalty of perjury, that we, Aiplex Software Pvt. Ltd, are the authorized Online Antipiracy Solution Providers to write to you on behalf of the above-mentioned Rights Holder and we are authorized to act on behalf of the Rights Holder, whose exclusive rights are being allegedly infringed.
Germ LLC : [private]
[private]
[private],
Aiplex Software Private Limited.,
[private], [private]
[private], [private]
[private]
R[private], [private]