maschke Rechtsanwlte Dominikanerbastei 17/11
1010 Wien
T +43 (0)1 336 99 99
F +43 (0)1 336 99 99 40
[email protected]
R 175098
UID ATU66615709
Rechtsanwalt
Dr. Fabian A. maschke
Vienna, 04.07.2017
Betreff: TAKEDOWN Notice Illegal OTT Service: BoomTV.Club
Take down notice for following IP addresses:
185.142.236.35
Dear Cogent,
On behalf of my clients and rights owners: Innonet ICT-Services GmbH aka (Kabel
Austria), GSS Media KG, Euro World Network Inc., Globecast Inc., Kopernikus Systems
DOO and Delta Video DOO which all granted me POA, I have to draw your attention
to the following facts:
Your customer(s) is infringing the copyrights, broadcasting rights and exclusive rights
of my clients Kabel Austria - Innonet ICT Services GmbH, GSS Media KG, Globecast
Inc, Euro World Network Inc, Delta Video DOO and Kopernikus Systems DOO
("Client[s]") by using the services provided by your company. I may inform you that
by doing this he is also infringing the copyright of Sky Deutschland Fernsehen GmbH
& Co. KG, Universal Studios Inc, Twentieth Century Fox Film Corporation, Marvel
Studios LLC, Sony Pictures Entertainment Inc and Constantin Film AG, who are not
related to my clients. Please note that all subjects mentioned above will be informed
about the following facts:
1. FACTS
1.1 My Clients are broadcasting the well-known TV-programs such as "Hayat TV (4
channels), Pink TV (52 channels), BN TV (3 channels), Prva TV (4 channels), Happy TV
(3 channels), RTS TV (4 channels), HRT TV (4 channels), RTL Televizija, ORF, Pro7, Sat1,
Kabel eins, RTL, 3Sat, ATV, Kika TV, VoX and Das ERSTE-ZDF" (the "Programs") and hold
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exclusive rights or are content owners for more than 400 movies/tv shows produced in
ex Yugoslavia (the VoD Content) Both Programs and VoD Content are
broadcasted worldwide through IPTV/CableTV/SAT-TV/OTT services. Apart from third
party content for which the Clients obtained rights, this Program consists of content
produced by the Clients (the "Own Productions"), to which my Clients hold
exclusive rights.
1.2 My Clients own worldwide re-transmission rights/distribution rights for its Own
Productions by means of Internet Protocol Television ("IPTV"), internet streaming and
transmission of over-the-top content ("OTT Transmission").
1.3 My Clients became aware that your client is offering, against payment, an
IPTV/OTT product (the "Product") by means of using the servers hosted by your
company. This Product allows customers to view my Client's Programs and/or VoD
Content via Internet Live- Stream aka OTT Service.
1.4 Your client is upholding an infringing IPTV/OTT network of various servers on
which the infringing content is stored and streamed. Action has already been taken
in various countries to take-down the unlawful streaming. My Client's recorded illegal
streaming activities on all servers and produced respective evidence documents.
1.5 My Clients never agreed to use of its Programs or VoD Content, productions
and trademarks by your company nor have signed a contract with your client nor
company represented by your client. Therefor, there is no contract / agreement for
streaming of my Clients Programs or VoD Content over your server.
1.6 The main connection point of the above mentioned TV OTT platform is one
Command and Control server (C&C Server) that is hosted by other company under
this masked DNS name: iptv.boomtv.club . This other company (MegaByte Internet
ltd Bulgaria) has also been informed about illegal actions coming from their servers.
The point of this C&C Server is to accept the connection and requests from OTT
enabled devices (Smart TV Sets, Set Top Box devices, Mobile players), and to redirect
the customers (players) to specific server or servers in internet that is hosting illegal
content. Some of this servers are also hosted by Cogent. Also, C&C server is capable
of sending the Electronic Program Guide EPG to same players. As already
mentioned this actions have been documented and logged! A connection request
from one STB device looks like this:
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maschke Rechtsanwlte
GET /stalker_portal/c/index.html HTTP/1.1
User-Agent: Mozilla/5.0 (QtEmbedded; U; Linux; C) AppleWebKit/533.3 (KHTML, like Gecko) MAG200 stbapp
ver: 4 rev: 1812 Mobile Safari/533.3
Accept: application/xml,application/xhtml+xml,text/html;q=0.9,text/plain;q=0.8,image/png,*/*;q=0.5
Connection: Keep-Alive
Accept-Encoding: gzip
Accept-Language: en,*
Host: iptv.boomtv.club
HTTP/1.1 200 OK
Date: Mon, 03 July 2017 14:21:11 GMT
Server: Apache/2.4.7 (Ubuntu)
Last-Modified: Thu, 08 Sep 2016 10:57:37 GMT
Accept-Ranges: bytes
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 2353
Keep-Alive: timeout=5, max=100
Connection: Keep-Alive
Content-Type: text/html
1.7 Your client has been disconnected from various hosting providers in Europe in
the last 10 days. Among others, there are Hetzner Online GmbH and also
Worldstream.nl LTD. We are also sending you the mail transcript of our communication
with WorldStream LTD.
1.8 We are writing you as the IP address: 185.142.236.35 actually belongs to
BlackHost LTD who seems to be a reseller of yours. On their website they are stating
that they do not accept DMCA complains and simply ignore them. Please read this:
https://black.host/dmca-ignored-policy
1.9 We have reasonable suspicion that the use of the material in the manner
complained of in this report is not authorized by our clients, their agents or the law.
Therefore, this letter is an official notification to effect removal of the detected
infringement listed in the report. I hereby request that you immediately remove or
block access to the infringing material that is hosted on IP address: 185.142.236.35.
Video recordings of the streaming with "traffic interception" is also provided and can
be seen here:
https://www.dropbox.com/s/hqul97hdtu67snr/2017-07-03-1000-48_1.mp4?dl=0
Our clients swear under penalty of perjury that the detected infringements of
theirss copyright interests are accurate, authentic and as such shown in the video.
2. LEGAL CLAIM
2.1 Because of the public broadcasting of my clients Programs and VoD Content,
or the Programs and VoD Content for which my clients hold exclusive rights; or by using
my clients registered trademarks, your client made an enormous financial damage to
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my clients. In connection with our statement above your client did infringe the
Broadcasting law (20 UrhG), the Public broadcasting and distribution law (19a UrhG)
and finally the Usage and Exploitation law (16 UrhG). The above mentioned rights /
law is protecting my clients as they are registered in Austrian / USA / Serbian
commercial chambers as Public Broadcasters or Film producers and are holders or
owners of all the above mentioned rights. By using your hosting service and DNS
masked address, your client is also infringing the Trademark and Copyright law as your
client is distributing the content of several other TV or Film Studios. Here is a part of the
log file where you can see that your client is using your hosting service for illegal
streaming of well known TV Channel RTL Hrvatska; for which my client holds exclusive
OTT broadcasting rights for:
GET /stalker_portal/server/load.php?type=itv&action=set_last_id&id=2&JsHttpRequest=1-xml HTTP/1.1
X-User-Agent: Model: MAG250; Link: Ethernet
User-Agent: Mozilla/5.0 (QtEmbedded; U; Linux; C) AppleWebKit/533.3 (KHTML, like Gecko) MAG200 stbapp
ver: 4 rev: 1812 Mobile Safari/533.3
Referer: http://iptv.boomtv.club:8000/c/
Cookie: stb_lang=bs; timezone=Europe%2FVienna
Connection: Keep-Alive
Accept-Encoding: gzip
Accept-Language: en,*
Host: iptv.boomtv.club
HTTP/1.1 200 OK
Date: Mon, 03 July 2017 14:30:31 GMT
Server: Apache/2.4.7 (Ubuntu)
X-Powered-By: PHP/5.5.9-1ubuntu4.20
Expires: Thu, 01 Jan 1970 00:00:00 GMT
Last-Modified: Thu, 01 Jan 1970 00:00:00 GMT
Pragma: no-cache
Cache-Control: no-store, no-cache, must-revalidate
Content-Length: 120
Keep-Alive: timeout=5, max=100
Connection: Keep-Alive
Content-Type: application/json
{"js":{"id":2,"cmd":"http:\/\/ 185.142.236.35:8000\/RTLHR\/index.m3u8?token=8of3oio34rijwefrimc"}
And finally:
GET /RTLHR/index.m3u8?token=8of3oio34rijwefrimc HTTP/1.1
User-Agent: Lavf53.32.100
Accept: */*
Connection: close
Host: 185.142.236.35:8000
HTTP/1.1 200 OK
Connection: close
Server: Cowboy
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Date: Mon, 03 July 2017 14:30:35 GMT
Content-Length: 431
X-Route-Time: 212
X-Run-Time: 37
Access-Control-Allow-Origin: *
Access-Control-Allow-Methods: GET, OPTIONS
Access-Control-Expose-Headers: Server, range, X-Run-Time
Access-Control-Allow-Headers: x-vsaas-session, origin, authorization, accept, range
Content-Type: application/vnd.apple.mpegurl
Cache-Control: no-cache
Pragma: no-cache
Among other TV Programs that my clients have or own exclusive broadcasting
rights for, your comapany is also hosting another very popular TV Channel called
Prva TV. Here is a log for this channel also:
GET /stalker_portal/server/load.php?type=itv&action=set_last_id&id=18&JsHttpRequest=1-xml HTTP/1.1
X-User-Agent: Model: MAG250; Link: Ethernet
User-Agent: Mozilla/5.0 (QtEmbedded; U; Linux; C) AppleWebKit/533.3 (KHTML, like Gecko) MAG200 stbapp
ver: 4 rev: 1812 Mobile Safari/533.3
Referer: http://iptv.boomtv.club:8000/c/
Cookie: stb_lang=bs; timezone=Europe%2FVienna
Connection: Keep-Alive
Accept-Encoding: gzip
Accept-Language: en,*
Host: iptv4all.dyndns.tv
HTTP/1.1 200 OK
Date: Mon, 03 July 2017 14:32:40 GMT
Server: Apache/2.4.7 (Ubuntu)
X-Powered-By: PHP/5.5.9-1ubuntu4.20
Expires: Thu, 01 Jan 1970 00:00:00 GMT
Last-Modified: Thu, 01 Jan 1970 00:00:00 GMT
Pragma: no-cache
Cache-Control: no-store, no-cache, must-revalidate
Content-Length: 120
Keep-Alive: timeout=5, max=100
Connection: Keep-Alive
Content-Type: application/json
{"js":{"id":2,"cmd":"http:\/\/ 185.142.236.35:8000\/Prva\/index.m3u8?token=ndalsjr32d39qwdjer2"}
And finally:
GET /Prva/index.m3u8?token= ndalsjr32d39qwdjer2 HTTP/1.1
User-Agent: Lavf53.32.100
Accept: */*
Connection: close
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Host: 185.142.236.35:8000
HTTP/1.1 200 OK
Connection: close
Server: Cowboy
Date: Mon, 03 July 2017 14:32:42 GMT
Content-Length: 431
X-Route-Time: 212
X-Run-Time: 37
Access-Control-Allow-Origin: *
Access-Control-Allow-Methods: GET, OPTIONS
Access-Control-Expose-Headers: Server, range, X-Run-Time
Access-Control-Allow-Headers: x-vsaas-session, origin, authorization, accept, range
Content-Type: application/vnd.apple.mpegurl
Cache-Control: no-cache
Pragma: no-cache
We are also able to provide you with the full logs of usage of your servers.
Please note that we already forwarded this logs and logs for the streams of
following TV channels: Sky Deutschland AG, HBO Europe Original Programming LTD,
Discovery Communications LTD to all abuse departments of above mentioned
companies. Your client is also streaming SKY, HBO, Discovery, and Eurosport
channels, so I assume that similar complain/take down letters will be delivered to
your office during upcoming weeks.
2.2 As ordered by European Telecommunication Commission all European Internet
and Digital services providers are in obligation to stop / disturb the illegal digital
services that are hosted or in some other connection related to services they offer.
Example (Bundesgerichtshof Deutschland) BGH! Also internet / digital service
providers are in obligation to stop or disturb as much as possible same actions in the
future coming from same clients.
2.3 By sending you this letter we have you informed that DNS name mask:
iptv.boomtv.club is being used for illegal actions on the internet by your client and is in
connection with your hosting service. You are also aware and informed that
iptv.boomtv.club is used as a C&C Server for illegal internet streaming or other illegal
network communications and for redirection of customers to servers hosted by your
company.
2.4 As provider of Internet or Internet related service, you are obligated to suspend
/ take down the above mentioned server hosted by your company and to do all the
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necessary action to stop this kind of abuse to happen again over your service. By not
doing this your company is also infringing all the above laws and we will be forced to
take you also into our legal claims. We strongly believe this will not be the case! In
connection with above statement here are some examples where Internet or Internet
related providers had court process because of the similar services (Taken from
German court of law): Vorgaben 7 Abs. 2 8-10 TMG und Artikel 14, 12 Abs. 3 der
Richtlinie 2000/31/EG (E-Commerce-Richtlinie) i. V.m. Art. 8 Abs. 3 der Richtlinie
(InfoSoc-Richlinie) i. V.m. Art. 11, 3 der Richtlinie 2004/48/G (Enforcementrichtlinie)
sowie der stndigen Rechsprechung des Bundesgerichtshofs (BGH) und das
Europischen Gerichtshofs (EuGH), vgl. Urteil des EuGH vom 27. Mrz 2014, RS C-
314/12 UPC Telekabel Wien ./. Constantin Film, Wega Film; Urteil des BHG von 12. Juli
2012 AZ.: I ZR 18/11 Alone in the Dark; BGH, Urteil des BGH vom 15. August 2013 I
ZR 80/12 File Hosting Service
2.5 As we respect you as a company and hope to have a positive answer on the
subject we kindly ask you to take all the measures needed and stop illegal actions
coming from servers hosted by your company. At the same time we ask you to send
me a written confirmation (letter, fax or e-mail) and inform us about actions taken.
Your written confirmation is expected to be received until:
Wednesday, 05.07.2017.
Please note that you have been informed about all facts and that we are able to
prove everything we state by using simple network filters. In case you do not send me
a written confirmation about your actions in connection to your client, we will consider
you as interrupter and you will be held responsible for not taking any action in a legal
case against your client. This of course will take your company to unnecessary financial
costs and I will be advising my clients to take the case on the Austrian, The Netherlands
and German court of law.
Best regards,
www.maschke.at
