dmca/2018/2018-02-05-Amazon.md

February 1, 2018

Via Email ([private]) and U.S. Mai!

Fastly, Inc.  
Attn: Abuse  
P.O. Box 78266  
San Francisco, CA 94107  

Re: Violation of Fastly, Inc.'s Acceptable Use Policy and DMCA Takedown

Notice for Wdxtub.com Website

To Whom It May Concern:

We represent Amazon.com, Inc., and it has come to our attention that a website,
Wdxtub.com, is using your service to cache and distribute material that directly
infringes on copyrights owned by Amazon. In fact, it appears that your subscriber has
taken Amazon's AMCAT Test and posted it, with corresponding answers and solutions,
to the website identified above. Amazon is the sole owner of this copyrighted material,
and it has not authorized its use by the website identified above. A complete list of the
URLs at which Amazon's copyrighted material can be found, and the URL for the
infringing material are detailed in the attached Exhibit A.

This letter is notice that Wdxtub.com's use of Amazon's copyrighted material
violates Fastly, Inc.'s Acceptable Use Policy (AUP). Specifically, your AUP states that
no person or entity shall use your services "(1) in any way that violates any applicable
federal . . . law or regulation," or "(4) to store, publish, display, or transmit. . .
infringing ... or otherwise unlawful or tortious material" {see
https://www.fastly.com/acceptable-iise). As described above, Wdxtub.com's
unauthorized use of Amazon's AMCAT Test violates the federal Copyright Act of 1976
and directly infringes on copyrights owned solely by Amazon.

This letter also serves as official notice under Section 512(c) of the Digital
Millennium Copyright Act (DMCA) that your subscriber is infringing on copyrights
owned solely by Amazon. We request that you immediately notify Wdxtub.com of this
notice, inform them of their duty to promptly remove the infringing material, and
require them to cease any future use of your service to cache or distribute infringing material through your network. Alternatively, we request that you cease providing Wdxtub.com access to your network entirely.

This firm has attempted to contact Wdxtub.com directly regarding their
infringement on two separate occasions. Takedown notices were sent on January 2,
2018 and January 24, 2018 to [private] and [private], respectively. To
date, no response has been received, and no action has been taken to remove the
infringing material from Wdxtub.com. Copies of these takedown notices are attached
as Exhibit A to this letter for your reference.

Finally, please note that, pursuant to the DMCA, service providers who enjoy
immunity under Section 512(b) can be subject to an action for equitable relief under
Section 512(j). This section of the DMCA permits a court to enjoin a service provider
such as Fastly, Inc. from providing access to infringing material, providing an
infringing subscriber access to its network, or any other equitable relief necessary to
prevent infringement of copyrighted material. While we believe this matter can be
addressed extrajudicially, Amazon is prepared to take all necessary steps to protect its
rights under federal law.

We are providing this notice with a good faith belief that the use of the materials
in the manner complained of herein is not authorized by the copyright holder or the law.
I certify, under penalty of perjury, that the information contained in this notification is
true and accurate, and that I have the authority to act on behalf of the owner of the
copyrights involved.

Should you wish to discuss this further, please contact me directly. Thank you in advance for your prompt attention to this request.

Sincerely,  
SUMMIT LAW GROUP PLLC

[private]

**Exhibit A**

Takedown Notice Pursuant to the Digital Millennium
Copyright Act of 1998

To Whom It May Concern:

This Is a notice in accordance with the Digital Millennium Copyright Act of 1998 (DMCA) requesting that you Immediately cease to provide access to copyrighted material. I wish to report an instance of Copyright Infringement, whereby the infringing material appears on a website for which you are the host.

The infringing material, which I contend belongs to our client, Amazon.com, Inc., is the following:
AMCATTest

The original material Is located at the following URL:  
[private]  

The infringing material is located at the following URL:  
http://wdxtub.com/interview/14520850399861.html

A prior takedown notice regarding the infringing material located at the above URL was sent on January 2, 2018 to the following email address:  
[private]

My contact information is:  
Summit Law Group  
Attn: [private]  
315 5th Ave. S. Suite 1000  
Seattle, Washington 98104  
[private]

I have a good faith belief that the use of the described material in the matter complained of is not authorized by the copyright owner, its agent, or by operation of law.

The information in this notice is accurate, and I am either the copyright owner or I am authorized to act on behalf of the copyright owner.

I declare under the perjury laws of the United States of America that this notification is true and correct.

Signed:  
[private]  
Date:  
January 24,2018