Subject: @Home Network AUP Violation - Music copyright infringement/Server

Date: Mon, 20 Dec 1999 10:44:19 - 0800

From: Abuse-Team - [email protected]

To: Paul - [email protected]

We have received a complaint from the Recording Industry Association of America that you are hosting an unauthorized music site using your @Home Network service for connecting to the Internet. It is located at:

ftp://oth:[email protected]/d:/

This site, which was accessed 12/16/99 at 4:20 p.m. (east coast time), offers at least 400 sound recordings for download. Many of > these recordings are owned by our member companies, including songs by such artists as REM, Metallica, the Goo Goo Dolls, Method Man and Ice Cube.

We are requesting that you immediately remove any files which you are distributing in violation of copyright. Please reply to this email with your assurances that these infringing activities will not continue.

It has also been brought to our attention that you are running a personal server off your @Home Network connection. Please remove it immediately. This behavior is in violation of the @Home Acceptable Use Policy and continuation of this activity will result in termination of your @Home services. If you would like further information about the @Home AUP, it is posted at http://www.home.net/aup. The relevant section is quoted below. We will also mail you a hard copy of this communication. Thank you for your cooperation.

The @Home Network AUP Management Team

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on the Services.

Users must ensure that their activity does not improperly restrict or inhibit any other user's normal use of the Services.

You may not run a server in connection with the @Home residential service, nor may you provide network services to others via the @Home residential service. The @Home residential service includes personal Webspace accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.

Illegal Activity

The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:

Posting or disseminating material which is unlawful (such as child pornography or obscene material). Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain. Pyramid or other illegal soliciting schemes. Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.