If, so what actions have you taken and what can be done to revent this problem?

Dear Internet Access Subscriber:

Charter Communications ("Charter") has been notified by a copyright owner that
your Internet account has been involved in the exchange of unauthorized copies
of copyrighted material (music, movies, or software). We are enclosing a copy
of the Digital Millennium Copyright Act (DMCA) notice that Charter received from
the copyright holder.

It is possible that this activity has occurred without your permission or
knowledge by an unauthorized user, a minor who may not fully understand the
copyright laws, or even as a result of a computer virus. However, as a Charter
Internet account owner, you can be held liable for this activity.

As a personal computer owner and a user of the Internet, we ask that you be
aware of the following: Violations of federal Copyright law can result in civil
and/or criminal liability, including payment of monetary damages, costs and
attorneys' fees to the copyright owner. See 17 U.S.C. §§ 504-506. In addition,
Charter's Acceptable Use Policy explicitly prohibits copyright infringement by
Charter High-Speed Internet users. Specifically, Section 3 states:

NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, nor allow others to use, the Service to send or receive
any information which infringes the patents, trademarks, copyrights, trade
secrets or proprietary rights of any other person or entity. This includes, but
is not limited to, digitization of music, movies, photographs or other
copyrighted materials or software.

Charter is registered under the Digital Millennium Copyright Act of 1998 (DMCA).
Under the DMCA, copyright owners have the right to notify Charter if they
believe that a Charter customer has infringed the copyright owner's work(s). If
Charter receives a notice from a copyright owner alleging any Customer has
committed copyright infringement, Charter will notify the Customer of the
alleged infringement. If Charter receives more than one notice alleging
copyright infringement on Customer's part, Customer may be deemed a "repeat
copyright infringer." Charter reserves the right to terminate the accounts of
repeat copyright infringers.

We ask that you take immediate action to remove the infringing material from
your computer and stop its exchange. If Charter continues to receive DMCA
notices regarding your account, or if you violate any other clause of Charter's
Acceptable Use Policy, we will have no choice but to terminate your account.
You may view Charter's rules and policies at
http://www.chartercom.com/site/rules.asp.

If you need assistance in removing the referenced infringing material, please
refer to http://support.charter.com/sdcuser/a...enaUpdate.htm.

If you have any questions about this matter, please contact us at
1-866-229-7286. Representatives will be available Monday through Friday, 8am -
12am (EST), Saturday, 8am - 5pm (EST) and Sunday, 12pm - 5pm (EST), to take your
call.


Sincerely,

Charter High-Speed Internet Security Team
http://security.charter.com

--- The following material was provided to us as evidence ---


[Part 0:0 (plain text)]

Monday, October 31, 2005

Charter Communications, Inc.
12405 Powerscourt Drive
St. Louis, MO 63131 US


RE: Unauthorized Distribution of the following copyrighted computer program(s):

Macromedia Flash

Dear ***edited***:

The Business Software Alliance (BSA) has determined that the connection listed
below, which appears to be using an Internet account under your control, is
using a Gnutella network to offer unlicensed copies of copyrighted computer
programs published by the BSA's member companies.

Site Details:
----------------------------------------------
Date Found: 28 Oct 2005 19:58:05 EDT (GMT -0400)
Network: LimeWire
IP Address: 66.214.233.99
IP Port: 3839
Protocol: Gnutella
UserName:

Content being offered:
----------------------------------------------
Filename: Macromedia Flash MX Pro 2004 + Keygen.zip
Filesize: 73,746k


The above computer program(s) is/are being made available for copying, through
downloading, at the above location without authorization from the copyright
owner(s).

Based upon BSA's representation of the copyright owners in anti-piracy matters,
we have a good faith belief that none of the materials or activities listed
above have been authorized by the rightholders, their agents, or the law. BSA
represents that the information in this notification is accurate and states,
under penalty of perjury, that it is authorized to act in this matter on behalf
of the copyright owners listed above.

We are giving notice of these activities pursuant to Section 512 of Title 17 of
the U.S. Code (as enacted by the 'Online Copyright Infringement Liability
Limitation Act'). We expect that you will take expeditious action to remove or
disable access to the materials described above, and thereby prevent the illegal
reproduction and distribution of pirated software via your company's network. As
you know, illegal on-line activities can result in 50 million people on the
Internet accessing and downloading a copyrighted product worldwide without
authorization - a highly damaging activity for the copyright holder.

We appreciate your cooperation in this matter. Please advise us regarding what
actions you take.

Please include the following CaseID in any response you send: Case ID edited.

Yours sincerely,


John R. Wolfe
Manager of Investigations
Business Software Alliance
1150 18th St NW Suite 700
Washington, DC 20036
URL: http://www.bsa.org
E-mail: X

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