Dear Tim, Enclosed is a formal letter requesting the take down of some material on your website. This note is to explain why we are writing. Your website makes available for free download unauthorised mixes of sound recordings owned by members of the BPI. In the formal notice below, I have listed all of the material in question. The complaint, however, relates to all sound recordings that you may wish to upload on your site for which you have not received the prior written consent from the copyright owner. We will be writing to other sites of a similar nature to yours in due course. If we do not hear from you in the time given, we will contact your ISP, Webfusion, to request immediate removal of your site. In addition to the sections of the UK copyright law quoted below in the formal notice, Section 198 deals with bootleg recordings and provides protection to copyright owners against this form of piracy. Yours sincerely Jollyon Benn Internet Investigations Executive 19 September 2003 Dear Sir Re: http://www.timgmusic.co.uk/ The British Phonographic Industry Limited ("BPI") is the UK national group for the International Federation of Phonographic Industries ("IFPI"). Our members comprise over 320 record companies in the United Kingdom. Between them our members are responsible for the production or distribution of the vast majority of sound recordings sold and/or distributed legally within the United Kingdom. The BPI is also mandated to act on behalf of the members of Phonographic Performance Limited ("PPL") and the Association of Independent Music Limited ("AIM") and in this respect, to protect the rights in the sound recordings that are owned or controlled by members of PPL and AIM, as well those that are owned or controlled by BPI. Part of our work involves monitoring the internet and taking action against persons that use, facilitate, enable and/or authorise the use of sound recordings in a manner that infringes the rights of the members of BPI, PPL and AIM. We have identified that your website enables access to a number of infringing sound recordings. The site address is identified above. The time and date when we accessed this site is detailed below. Without limitation, examples of the sound recordings featured upon this site that are owned by or licensed to our members and/or the members of PPL and AIM are http://homepage.ntlworld.com/ptgray/mp3/TiM%20G%20-%20Into%20the%20bad.mp3 Michael Jackson - BAD - Sony Music 19/09/03 15:42:00 http://homepage.ntlworld.com/ptgray/mp3/TiM%20G%20-The%20Ballad%20of%20J%20Lo.mp3 Jennifer Lopez - Jenny From The Block - Sony Music 19/09/03 15:43:01 http://homepage.ntlworld.com/ptgray/mp3/TiM%20G%20-%20Pretty%20Music.mp3 Madonna - Music - Warner Music 19/09/03 15:44:24 http://homepage.ntlworld.com/ptgray/mp3/fix%20up%20look%20suicide%20blonde.mp3 INXS - Suicide Blonde - Universal Music 19/09/03 15:45:14 http://homepage.ntlworld.com/ptgray/mp3/Rock%20Your%20Body%20Out%20There.mp3 Kelis - Caught Out There - EMI 19/09/03 15:47:03 http://homepage.ntlworld.com/ptgray/mp3/TiM%20G%20-%20Crazy%20in%20Love%20Machine.mp3 Beyonce - Crazy In Love - Sony Music 19/09/03 15:47:59 http://homepage.ntlworld.com/ptgray/mp3/Don't%20Stop%20the%20Jungle%20Boogie.mp3 Junior Senior - Move Your Feet - Universal Music 19/09/03 15:48:36 http://homepage.ntlworld.com/ptgray/mp3/Doin'%20the%20Do%20Your%20Thing.mp3 Basement Jaxx - Do Your Thing - XL All times given are GMT+01.00. The persons responsible for this website and its content are infringing copyright. Section 23 of the Copyright Designs and Patents Act 1988 (as amended) ("the Act") provides that copyright is infringed by a person who, without the licence of the copyright owner, possesses in the course of a business, sells or lets for hire or in the course of a business exhibits in public or distributes or distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is an infringing copy. Section 16 of the Act details the acts that are restricted by copyright. Pursuant to this section, the owner of copyright has the exclusive right to copy a work, to issue copies of the work to the public, to broadcast the work or include it in a cable programme service and to make an adaptation of the work. Section 101 of the Act provides that an exclusive licensee has the same rights and remedies as the copyright owner following the grant of such a licence. You should be aware that copyright in a work is infringed by a person, who, without the licence or consent of the copyright owner, does or authorises another to do any of the acts restricted by the copyright. We are therefore writing to you to request that you remove all infringing material from the website identified above immediately. For our part, we can confirm that it is the BPI's good faith belief that the use of the material detailed above, in the manner complained of, is not authorised by the copyright owner or exclusive licensee. The information contained within this notification is accurate and we are authorised to act on behalf of the above identified owners of copyright. We must ask for your response to this letter within 24 hours of the date hereof. In the meantime, all of the rights of the BPI and of our members are expressly reserved. We look forward to your response. Yours faithfully BPI Anti Piracy Unit