-Xandu-
September 20th, 2007, 23:19
It appears the ESA has forced the Cyclowiz web site to shut down. Apparently because one could buy the mod chip from there. The site instead goes to a plain text explanation of the ESA requesting the web host to shut it down.
Dear [Hosting Company]:
The Entertainment Software Association (“ESA”) is a U.S. trade
association that represents the intellectual property interests of
numerous companies that publish interactive games for video game
consoles, personal computers, handheld devices and the Internet
(hereinafter collectively referred to as “ESA members”). ESA is
authorized to act on behalf of ESA members whose copyright and other
intellectual property rights it believes to be infringed as described
herein.
The sale of circumvention devices, including modification chips, is
actionable under federal law. The Digital Millennium Copyright Act (17
U.S.C. § 1201) ( “DMCA”) prohibits the manufacture, sale, import or
offer to the public of any technology, product, service, device,
component or part thereof that is designed to circumvent a technological
measure that protects the right of a copyright owner or controls access
to a work protected under federal copyright law.
ESA has a good faith belief that the IP address 207.96.32.240
(http://www.cyclowiz.com/) infringes the rights of one or more
ESA members by offering for sale circumvention devices.
Specific URLs include:
http://cyclowiz.com/zencart/index.php?main_page=product_info&products_id=1
The circumvention devices appearing on, or made available through, the
through the above-listed IP address are listed and/or identified thereon
by depiction, description, and/or name (the circumvention devices are
hereinafter referred to as “Infringing Material.”)
Based on the information at its disposal, ESA has a good faith belief
that the Infringing Material is not authorized by the copyright owner,
any licensee or agent thereof, or the law.
Accordingly, ESA hereby requests Hosted Solutions, LLC to immediately do
the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed
above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms
of Service Agreement, including termination of a repeat offender.
ESA believes that the information in this notification is accurate.
Under penalty of perjury, I hereby affirm that ESA is authorized to act
on behalf of ESA members whose exclusive copyright rights we believe to
be infringed as described herein. Hosted Solutions, LLC or the account
holder may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the
subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
[via GBAtemp (http://gbatemp.net/index.php?showtopic=60924&hl=).]
Dear [Hosting Company]:
The Entertainment Software Association (“ESA”) is a U.S. trade
association that represents the intellectual property interests of
numerous companies that publish interactive games for video game
consoles, personal computers, handheld devices and the Internet
(hereinafter collectively referred to as “ESA members”). ESA is
authorized to act on behalf of ESA members whose copyright and other
intellectual property rights it believes to be infringed as described
herein.
The sale of circumvention devices, including modification chips, is
actionable under federal law. The Digital Millennium Copyright Act (17
U.S.C. § 1201) ( “DMCA”) prohibits the manufacture, sale, import or
offer to the public of any technology, product, service, device,
component or part thereof that is designed to circumvent a technological
measure that protects the right of a copyright owner or controls access
to a work protected under federal copyright law.
ESA has a good faith belief that the IP address 207.96.32.240
(http://www.cyclowiz.com/) infringes the rights of one or more
ESA members by offering for sale circumvention devices.
Specific URLs include:
http://cyclowiz.com/zencart/index.php?main_page=product_info&products_id=1
The circumvention devices appearing on, or made available through, the
through the above-listed IP address are listed and/or identified thereon
by depiction, description, and/or name (the circumvention devices are
hereinafter referred to as “Infringing Material.”)
Based on the information at its disposal, ESA has a good faith belief
that the Infringing Material is not authorized by the copyright owner,
any licensee or agent thereof, or the law.
Accordingly, ESA hereby requests Hosted Solutions, LLC to immediately do
the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed
above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms
of Service Agreement, including termination of a repeat offender.
ESA believes that the information in this notification is accurate.
Under penalty of perjury, I hereby affirm that ESA is authorized to act
on behalf of ESA members whose exclusive copyright rights we believe to
be infringed as described herein. Hosted Solutions, LLC or the account
holder may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the
subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
[via GBAtemp (http://gbatemp.net/index.php?showtopic=60924&hl=).]