[NOTE: I have no idea why the CoS thinks writing to suburbia.net will get material removed from thingy.apana.org.au - d.] Date: Tue, 30 Dec 1997 11:38:42 -0800 (PST) From: Helena Kobrin Subject: Unauthorized Use of Copyrighted Materials To: proff@suburbia.net Message-ID: Dear Sir/Madam: I represent New Era Publications, Int ("NEPI"), the exclusive licensee of the copyrights to a number of unpublished works which one of your subscribers, David Gerard, has placed on his web page, without the authorization of my client. This work can be found under the following URL: http://www.thingy/apana.org.au/~fun/scn/press/enemy-names.txt By placing my client's copyrighted work on his web page, Mr. Gerard is committing copyright infringement in violation of copyright law of Australia and the United States. Because this document is on your site, it is copyright infringement for which you can be held liable. We therefore request that it be removed immediately. We are currently involved in litigation over similar materials in several lawsuits. Preliminary injunctions based on copyright infringement are in place in two of those suits in favor of RTC in the United States District Court in San Jose, California, and a judgment of copyright infringement and a permanent injunction have been entered in another suit in that Court. Additionally, a United States District Court in the state of Virginia has granted judgment for damages, costs, and a permanent injunction in favor of RTC, related to copyright infringement of similar works. The court in Holland has recognized that similar materials are copyrighted, and the defendants in the Dutch case removed their postings of the copyrighted materials in that case. Moreover, in Sweden, RTC sued an individual for infringement of similar materials which he had placed upon the Internet and in that case, the court issued an injunction prohibiting him from engaging in such illegal activities. The courts in California and Holland have both ruled that an access provider that has been put on notice that infringement is occurring through its system, and yet does nothing to stop it, can be liable for contributory infringement. We are not seeking to become involved in litigation, but we will take all necessary measures to protect my client's intellectual property rights. We presume that you would agree that we can resolve this amicably. Please confirm that you have removed the copyrighted material as requested above. Sincerely, Helena Kobrin Date: Mon, 5 Jan 1998 11:55:39 -0800 (PST) From: Helena Kobrin Subject: Unauthorized Use of Copyrighted Materials To: proff@suburbia.net Message-ID: Dear Sir/Madam: I have received no response from you to my e-mail sent on January 2, 1998 concerning your subscriber, David Gerard's copyright infringement of my client, New Era Publications, Int ("NEPI") unpublished work entitled "Enemy Names". This copyrighted work is located under the following URL: http://www.thingy.apana.org.au/~fun/scn/press/enemy-names.txt Please have Mr. Gerard remove this work immediately. Sincerely, Helena Kobrin