Process DMCA request

2024/01/2024-01-16-alpa.md

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+Before disabling any content in relation to this takedown notice, GitHub
+- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
+- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
+
+To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).
+
+---
+
+Dear Madam or Sir,
+
+ The “Association de Lutte contre la Piraterie AudiovIsuelle”, “ALPA”, is a non-profit association governed by the French Law of July 1st, 1901, created in 1985 at the initiative of the French government and the audiovisual industry. Its mission is to fight all forms of audiovisual pirating on behalf of its members, or on behalf of its member’s members at their request. Members include audiovisual production companies, video publishing companies or professional Unions, as follows:
+
+« TWENTIETH CENTURY FOX ENTERTAINMENT FRANCE » - [private]
+
+ 
+
+« THE WALT DISNEY COMPANY FRANCE » - [private]
+
+ 
+
+« SONY PICTURES HOME ENTERTAINMENT » - [private]
+
+ 
+
+« STUDIOCANAL », (A CANAL PLUS S.A. Company) – [private]
+
+  
+
+« France TELEVISIONS DISTRIBUTION » - [private]
+
+ 
+
+« GAUMONT » - [private]
+
+ 
+
+« SOCIETE NOUVELLE DE DISTRIBUTION (SND), GROUPE M6 » - [private]
+
+ 
+
+« MK2 » - [private]
+
+ 
+
+« PARAMOUNT PICTURES France » - [private]
+
+ 
+
+« PATHÉ » - [private]
+
+ 
+
+« TF1 VIDEO » - [private]
+
+ 
+
+« UGC IMAGES » - [private]
+
+ 
+
+« UNIVERSAL PICTURES VIDEO France SAS » - [private]
+
+ 
+
+« WARNER BROS. ENTERTAINMENT France » - [private]
+
+ 
+
+« METROPOLITAN FILMEXPORT SAS » - [private]
+
+ 
+
+« Motion Picture Association » (MPA) – [private]
+
+ 
+
+La « Société des Auteurs, Compositeurs et Editeurs de Musique » [private]
+
+ 
+
+L’ « Association des Producteurs indépendants » [private]
+
+ 
+
+La « Société civile des Auteur Réalisateurs, Producteurs » [private]
+
+ 
+
+L’ « Association des Producteurs de Cinéma » [private]
+
+ 
+
+Le « Centre National de la Cinématographie » [private]
+
+ 
+
+La « Fédération Nationale des Cinéma Français » [private]     
+
+ 
+
+La « Fédération Nationale des Editeurs de Films » [private]  
+
+ 
+
+L’ « L’Union des Producteurs de Films »  – [private]
+
+ 
+
+Le « Syndicat de l’Edition Vidéo Numérique » [private]
+
+ 
+
+Le «  Syndicat des Producteurs Indépendants » [private]
+
+ 
+In order to carry out its missions, ALPA has several sworn agents, appointed and approved by the French Ministry of Culture in compliance with the provisions of Articles L-331-2 and R-332-1 of the French Intellectual Property Code. Under the afore-mentioned Article L-331-2, these sworn officers may carry out investigations that lead to establishments of fact, with a view to supplying proof of any infringement contained in Books I, II and III of the French Intellectual Property Code, in the same way as police officers do.
+
+ 
+
+I, the undersigned, as an [private] and a [private] of ALPA, certify under penalty of perjury that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights, said owner being named in the hereafter paragraphs in relation with their respective properties. The abovementioned companies are the owner of trademark, copyright, distribution and/or other intellectual property rights in and to the motion pictures and/or TV series listed below. Because of these rights, no one is authorized to manufacture, distribute, copy, sell and/or offer for sale products utilizing properties without the express written permission of the companies listed hereafter in relation with their respective properties.
+
+I have read and understand GitHub's Guide to Filing a DMCA Notice.
+
+" have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.
+
+I swear, under penalty of perjury, that the information in this 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.
+
+I have taken fair use into consideration.
+
+We have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
+
+This repo is dedicated to sharing illegal IPTV channels, including some from our members, "M6 TELEVISIONS":
+
+https://github.com/Wanjieming/IPTV/tree/37a7570af459837c9e2bc18699a715af5b3c8779
+
+Example:
+
+https://github.com/Wanjieming/IPTV/blob/37a7570af459837c9e2bc18699a715af5b3c8779/FranceTV.m3u
+
+Each file includes an M3U (TS Files), a playlist of channels, combined with a username and password that lets users access a stream of said channels.
+
+Please remove this entire repo.
+
+Thanks,
+
+Once again, here’s what this REPO is offering:
+
+- Unauthorized access, through an M3U File, to our members’ channels.
+
+We are therefore under the obligation to inform you about this illegal activity, as described above. In this respect, we must draw your attention to the following points:
+
+- Under French law, producers of audiovisual works benefit, on the one hand, from the implied assignment of authors' exploitation rights (Art. L-132-24 of the Intellectual Property Code) and, on the other, from the neighboring right belonging to the person who takes the initiative and the responsibility for the initial fixation of a sequence of images, whether with sound or without (Art. L-215-1 of the Intellectual Property Code).
+
+- Infringing an exclusive exploitation right, such as the neighboring right acknowledged in particular to the benefit of performers and videogram producers, is a criminal offense. Indeed, any reproduction, making available to the public or performance of an audiovisual work without the authorization of the holder(s) of the intellectual property rights, constitutes an infringement under Articles L-335-2 to L-335-10 of the Intellectual Property Code punishable by 3 years’ imprisonment and a €300,000 fine.
+
+- If the infringement is repeated, it is then punishable by 6 years imprisonment and a fine of €1,000,000, with application of the minimum one year prison sentence (Art. L-335-9 of the IPC and L-132-19 1° (new) of the Penal Code added by law n° 2007-1198 of 10 August 2007).
+
+- Under US Law and as regards works originating from the United States of America, in compliance with Federal Copyright law (Copyright Act) relating to determining who holds the copyright, the producer of an audiovisual work is the holder ab initio of all rights over it, he is therefore the only person having the power to authorize its making available to the public, including making it available to the public in such a way that everybody can access it where and when they like. In accordance with Copyright Law of the United States of America and Related Laws contained in Title 17 of the United States Code, § 512(d), an internet service provider shall not be liable for infringement of copyright by referring or linking users to an online location containing infringing material or infringing activity, if he does not have actual knowledge that the material or activity is infringing, or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to the material that is claimed to be infringing.
+
+- In the present case, it cannot be denied that allowing internet users to watch (commonly called “streaming”) or download works without the prior authorization of their right holders constitutes a copyright infringement.
+
+SUBJECT TO ANY LEGAL ACTIONS THAT OUR MEMBERS MIGHT BE FORCED TO BRING, you are hereby put on notice, on this day:
+
+To make sure that no audiovisual work for which you have not acquired the necessary rights beforehand is made available to the public on your (or one of your) website(s) or servers.
+ 
+- We would like to draw your attention to the fact that this notification does not prejudice in any way whatsoever the qualifications or a fortiori the legal applicable rules in this particular case. It does not imply any acknowledgement of a legal qualification, especially considering the activity developed on the site, allowing certain technical internet intermediaries to benefit from such special conditional liability regimes that might exist under local law, for example  as regards their activities such as hosting websites. It does not prejudice any future civil or criminal proceedings that might be brought against you in French, Dutch, or US courts, or even in the courts of the country where your head office or place of residence is situated, in order to defend the rights of copyright holders who are members of our association.
+
+- We refer to Article 6 of French Law n° 2004-775 of 21 June 2004 so-called in France « Law of Trust in the Digital Economy » (LCEN), as this formal notice generates a presumption of your perfect knowledge of the offenses reported herein.
+
+Yours faithfully.
+
+[private]
+
+ALPA
+
+------------------
+
+Association de Lutte contre
+
+la Piraterie Audiovisuelle,
+
+[private]
+
+[private]
+
+[private]
+
+Tél. [private]
+
+Fax: [private]
+
+E-mail : [private]