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Cease and desist, Canaan!

10 August 2009 4 Comments

Canaan

One of our readers has let us know that he has been sent a DMCA takedown notice for downloading Canaan.

In the original email it is stated that the notice was issued by BayTSP.com on behalf of Showgate Inc., noting that the user was downloading Canaan off the GG fansubs tracker.

Dear Sir or Madam:

BayTSP, Inc. (“BayTSP”) swears under penalty of perjury that Showgate Inc. has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification.  BayTSP’s search of the protocol listed below has detected infringements of Showgate Inc.’s copyright interests on your IP addresses as detailed in the below report.

BayTSP has reasonable good faith belief that use of the material in the manner complained of in the below report is not authorized by Showgate Inc., its agents, or the law.  The information provided herein is accurate to the best of our knowledge.  Therefore, this letter is an official notification to effect removal of the detected infringement listed in the below report.  The below documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others unauthorized Showgate Inc. materials in the future (see, 17 U.S.C. 512).

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively.  We urge you to take immediate action to stop this infringing.  We appreciate your efforts toward this common goal.

Please send us a prompt response indicating the actions you have taken to resolve this matter, making sure to reference the Notice ID number above in your response. mailto:showgate_p2p@copyright-compliance.com?subject=RE%3A%

20Notice%20ID%3A%20325%2D84618%20Notice%20of%20Unauthorized%20Use%20of%20Showgate%20Inc%2E%20Property

If you do not wish to reply by email, please use our Web Interface by clicking on the following link: http://webreply.baytsp.com/webreply/webreply.jsp?customerid=325&commhash=408b0bc94733357caefa889a9467579a

Note: If your email program has inserted line breaks into either the email or web links above, you can copy and paste the entire link into your email program, or favorite web browser, respectively.

Nothing in this letter shall serve as a waiver of any rights or remedies of Showgate Inc. with respect to the alleged infringement, all of which are expressly reserved.  Should you need to contact me, I may be reached at the below address.

Regards,

Mark Ishikawa
Chief Executive Officer
BayTSP.com Inc. – as an Authorized Agent of Showgate Inc.
PO Box 1314 – Los Gatos, CA 95031
Phone: 408-341-2305  Fax: 408-341-2399

Canaan is produced by P.A.Works, not Showgate. The show is not licensed in the United States at this point in time. (And if it is, it isn’t published on any major website.) P.A.Works is responsible for animating shows such as Canaan, Ghost in the Shell: SAC and Mobile Suit Gundam 00. Showgate is involved in producing and distributing anime such as Shakugan no Shana …in Japan. It remains unknown what Showgate has to gain from this.
Update: It appears that Showgate is responsible for distributing Canaan in Japan. This of course still does not explain the notices sent to American viewers.

Popularity: 17% [?]

4 Comments »

  • ranma_101 said:

    Looks like one of the readers got fucked over…

    # 10 August 2009 at 6:50 pm
  • Asylum Demon said:

    That’s pretty retarded if you ask me.

    # 11 August 2009 at 7:45 am
  • relentlessflame said:

    Actually, the Japanese distributor for the DVDs/BDs is Pony Canyon, so Showgate is probably the publisher in this case (or, at the very least, one of the producers). Any of the rights holders for the show can authorize these notices, as their ownership of/rights to the content doesn’t depend on licensing or whether a show is otherwise available in the affected markets. Companies generally feel that free availability of their properties overseas interferes with their control over the distribution process. Showgate would be one of the beneficiaries when the show does get licensed and distributed in North America and other markets.

    In any event, the reason we don’t see this all that often is just due to the cost; the likelihood of legal follow-through is pretty low due to the effort required. They’re hoping that getting the word out, along with ToS enforcement by ISPs, will help their cause. But regardless, fansubs are always illegal, whether the show is licensed or not, so this is always a risk you take.

    # 11 August 2009 at 2:52 pm
  • Felisha Wheeler said:

    This seems pretty common nowadays.. Distributors fighting over movie rights.. There is too much confusion…

    # 1 October 2009 at 12:38 pm

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