3 January 2000
This is one of nine documents filed with the Court on December 29, 1999. For all nine see: http://cryptome.org/dvd-v-521.htm (194K); Zipped: http://cryptome.org/dvd-v-521.zip (47K).
Errors to jy@cryptome.org
[Document 7, 24 pages; Exhibit A, 134 pages]
| [Footer first 24 pages:] Declaration of Harvey Shapiro, Esq. In Support of TRO Application |
NY1:\845565\02\$4FX02!.DOC\62130.0216 |
WEIL, GOTSHAL & MANGES LLP
JARED B. BOBROW (State Bar No. 133712)
2882 Sand Hill Road
Menlo Park, CA 94025
Telephone: (650) 926-6200
Facsimile: (650) 854-3713
WEIL, GOTSHAL & MANGES LLP
JEFFREY L. KESSLER*
ROBERT G. SUGARMAN*
767 Fifth Avenue
New York, NY 10153
Telephone: (212) 310-8000
Facsimile: (212) 310-8007
Attorneys for Plaintiff
DVD COPY CONTROL ASSOCIATION, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
| DVD COPY CONTROL ASSOCIATION, INC., a not-for-profit trade association, Plaintiff, v.
ANDREW THOMAS MCLAUGHLIN, an Defendants. __________________________________________ |
Case No. CV-786804
DECLARATION OF
Date: December 29, 1999 |
___________________
*Pro Hac Vice applications being submitted to the Court.
I, HARVEY SHAPIRO, ESQ., hereby declare and state as follows:
1. I am an attorney with the law firm of Sargoy, Stein, Rosen & Shapiro and admitted to practice law before the Courts of the State of New York.
2. My law firm is authorized to act on behalf of the Motion Picture Association of America (MPAA) and its international counterpart, the Motion Picture Association ("MPA") and its member companies. (The MPAA and MPA are referred to collectively as the "MPA".) The MPA is a trade association whose members are motion picture companies. The members own copyrighted motion pictures that are recorded on DVDs. My firm has represented the MPA and its member companies for 50 years. During my eighteen years with the firm, I have worked on various matters in which the MPA has sought to prevent the piracy of the motion picture industry's intellectual property. This Declaration describes the efforts of this law firm to (i) contact web sites, which either posted the CSS technology, which is the subject of this action, or "linked" to such sites which post it and (ii) demand that such web sites cease and desist infringing the intellectual property of the members of the MPA.
3. On or about October 25, 1999, I began to receive information from the MPA that unauthorized DVD copies of its members' motion pictures, and instructions and computer applications to defeat DVD encryption, were available at specific web sites on the Internet. Beginning on or about November 4th, 1999, I (or employees of my firm acting at my direction) sent letters to Internet service providers, system administrators and others, informing the recipients that this unauthorized material was found at a specific web site address or addresses over which they exercised control. I asked them to provide me with the identity of the web site's content provider(s), and to take action to stop the infringing activity.
4. I sent out three types of form letters, depending on (i) the type of infringing activity and (ii) the action I requested the recipient take to stop the infringing activity. These letters are appended as Exhibit A. In the first type of form letter, I notified the recipient that the person responsible for the web site apparently was offering both pirated DVDs and unauthorized decryption technology. I requested that the recipient cease and desist from infringing MPA members' copyrights. In the second type of form letter, I notified the recipient that the person responsible for the web site was offering both pirated DVDs and unauthorized decryption technology. In this letter, I requested (i) that the individual's account be terminated; (ii) that further action be taken to stop the infringing activity; and (iii) that I be provided with the account operator's name and physical address. In the third type of letter, I notified the recipient that I believed the person responsible for the web site was offering CSS decryption technology, "links" to web sites which provided such technology, and/or CSS authorizing CVS code. I requested that (i) the individual's account be terminated, and (ii) that I be provided with the account operator's name and address.
5. The following is a description of the letters which I sent on behalf of the MPA. It has been our procedure to mail confirming copies of each e-mail communication when addresses were available:
6. On November 18th, I sent a letter to David Griffin of the Loyal Orange Society, regarding the web site address http://mclaughlin.orange.ca.us. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the Loyal Orange Society cease and desist from such activities.
7. On November 18th, I sent a letter and a letter via electronic mail to Charlotte Marchandise of Libertysurf, regarding the web site address http://Person.libertysurf.fr/dvdrip/index.html. I wrote that my firm had received information that the web site offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made. and that as a result of this activity, the copyrights of my clients were being infringed. I requested that Libertysurf cease and desist from such activities. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement. and that I be provided with the operator's name and physical address.
8. On November 23rd, I sent a letter via electronic mail to Gael Martinez of Grolier Interactive Europe, regarding the web site address http://perso.clubinternet.fr/ches/dl/rippers/decss/21b.zip; I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
9. On November 19th, I sent a letter to David Shaw of Mac Works Ltd, regarding the web site address http://www.theresistance.net/files.html. I wrote that my firm had received information that the web site offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated and that I be provided with the operator's name and physical address.
10. On November 19th, I sent a letter to Cablevision, regarding the web site address http://www.theresistance.net/files.html. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
11. On November 19th, I sent a letter to the Systems Administrator of Oxford University, regarding the web site address http://merlin.keble.ox.ac.ul/~sftish/css/index.html. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
12. On November 19th, I sent a letter to Dale Emmons of Frozenlinux.com, regarding the web site address http://frozenlinux.com/civ/decss. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
13. On November 19th, I sent a letter to Arlin Bleclic of Invision Systems, regarding the web site address http://douglas.min.net/~drw/css~auth. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
14. On November 19th, I sent a letter to Robert Jones of Chaos Incorporated, regarding the web site address http://www.devzero.org/freecss.html. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
15. On November 19th, I sent a letter to Thomas Cunningham of ALABANZA, regarding the web site address frozenlinux.com/civ/decss. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
16. On November 19th, I sent a letter to Wiljan Dankers of Cable Network Brabant Holding, regarding the web site address http://www.chello.nl/~f.vanwaveren/cssauth/css-auth.tar.gz. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
17. On November 19th, I sent a letter to Rensselaer Polytechnic Institute, regarding the web site address http://guilli.stu.rpi.edu/dvd/files/decss.zip and guillie.stu.rpi.edu/dvd/files/css-auth.tar.gz. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
18. On November 19th, I sent a letter to Michael Glover of Vexed.net, regarding the web site address http://www.vexec.net/css. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
19. On November 19th, I sent a letter to Yossarian Holmberg of National On Line, regarding the web site address http://wwvv.unitycode.org. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
20. On November 19th, I sent a letter to Cor Bosman of XS4ALL Internet BV, regarding the web site address http://www.xs4all.nl/~predator/freecss/freecss.html. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
21. On November 23rd, I sent a letter via electronic mail to an unknown person with the email address of satanix@pobox.com, regarding unauthorized distribution of deencryption material. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the individual cease and desist from such activities.
22. On November 23rd, I sent a letter via electronic mail to an unknown person using the email address of jkew@calpoly.edu, regarding unauthorized distribution of deencryption material. I wrote that my firrn had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the individual cease and desist from such activities.
23. On November 23rd, I sent a letter via electronic mail to an unknown person using the email address of dchan@d.umn.edu, regarding unauthorized distribution of deencryption material. I wrote that my firm had received inforrnation that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the individual cease and desist from such activities.
24. On November 23rd, I sent a letter via electronic mail to an unknown person with the e-mail address of http://www.songofthesouth@homemail.com, regarding unauthorized distribution of deencryption material. I wrote that my firrn had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the individual cease and desist from such activities.
25. On November 23rd, I sent a letter via electronic mail to an unknown person using the email address of webadmin@zpok.demon.co.uk/decss.html, regarding unauthorized distribution of deencryption material. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the individual cease and desist from such activities.
26. On November 23rd, I sent a letter via electronic mail to Jeffrey Bridge of Firehead regarding the web site address ftp://.firehead.org/pub. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
27. On November 23rd, I sent a letter via electronic mail to Joe Gleason of TASAN.COM, regarding the web site address http://www.tasan.com/~fenkt/dvd. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
28. On November 23rd, I sent a letter via electronic mail to OR.AT regarding the web site address http://ftp://eris.giga.or.at/pub/hacker/crypt/dvd. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
29. On November 23rd, I sent a letter via electronic mail to Primat Austria, E.M.P., regarding the web site address http://therapy.endorphin.org/dvd. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
30. On November 23rd, I sent a letter via electronic mail to Dirk Wendt of Discordia.de, regarding the web site address http://www.discordia.de/decss/decss.zip, http://www.discordia.de/decss/css-auth_tar.gz, and http://www.discordia.de/decss.livid.tgz. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
31. On November 23rd, I sent a letter via electronic mail to Eurobell Internet Services, regarding the web site address http://www.dvdlinks.co.uk/css. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
32. On November 23rd, I sent a letter via electronic mail to Jonathan Blank of The Web Union, regarding the web site address http://caspian.twu.net/dvd. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
33. On November 23rd, I sent a letter via electronic mail to Edward Philip of Tripod, Inc., regarding the web site address http://members.tripod.co.uk/bap/css/css.html. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
34. On November 23rd, I sent a letter via electronic mail to Andreas Graap of Videopage.de, regarding the web site address http://dvdripper.videopage.de. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
35. On November 23rd, I sent a letter via electronic mail to Simon Jankelson of Warez, Inc., regarding the web site address http://www.warezinc.com/acquawarez/vcdzl.html. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
36. On November 23rd, I sent a letter via electronic mail to Chris Butdorf of iName, Inc., regarding the web site address songofthesouthghomemail.com. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
37. On November 23rd, I sent a letter via electronic mail to the University of Minnesota Duluth, regarding the web site address http://d.umn.edu/~dchan/css. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
38. On November 23rd, I sent a letter via electronic mail to FreeDrive, of Nextec Communications, regarding the web site address hap://w3.freedrive.com/freedriveexplorer/framedisplay.htm. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
39. On November 23rd, I sent a letter via electronic mail to John Victor Kew, II, of Logorrhea.Com, regarding the web site address http://w3.logorrhea.com/main.html. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
40. On November 23rd, I sent a letter via electronic mail to Performance Systems International, regarding the web site address http://plato.nebulanet.net:88/css. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
41. On November 23rd, I sent a letter via electronic mail to Doug Lother of Nebula Network Group, regarding the web site address http://plato.nebulanet.net:88/css. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
42. On November 23rd, I sent a letter via electronic mail to an unknown person who uses the email address of hostmaster@demon.net, regarding the web site address webadmin@zpok.demon.co.uk. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
43. On November 23rd, I sent a letter via electronic mail to George Rowe of Dynamics Solutions International, regarding the web site address satanix@pobox.com. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
44. On November 4th, I sent a letter to Nicolas Pasquier of Forge Communication, regarding the web site address techsupport@dvdutils.co, subnews@dvdutils.co, subcrack@dvdutils.co, info@dvdutils.co. I wrote that my firm had received information that the persons responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
45. On November 5th, I sent Mr. Pasquier another letter regarding the web site address http://wnvw.dvdutils.com. In a telephone conversation I had with Mr. Pasquier shortly after sending these letters and in an email I received from him, he promised to remove from his site any material which provided information or software for defeating DVD encryption. I wrote that my firm had received information that the persons responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
46. On November 19, I sent a letter via electronic mail to Anders Nielsen of Netspace.net, regarding the web site address xfang@netspace.net.au. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
47. On November 10, I sent a letter via electronic mail to Chavalit Prasitphon of THZONE.COM, regarding the web site address ndk@7thzone.com. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
48. On November 5, I sent a letter via electronic mail to Chris Butdorf of CJB.NET, regarding the web site address http://dvdsite.cjg.net. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
49. On November 5, I sent a letter via electronic mail to Van Oostveen of V3 Redirect Services, regarding the web site address http://come.to/deepS4 and http://fly.to/dvd99. 1 wrote that my firm had received information that the persons responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the accounts be terminated and that I be provided with the web site operators' names and physical addresses.
50. On November 5, I sent a letter via electronic mail to Kevin Chang of DVDINFO, regarding the web site address http://pcdvd.nosf.com/files. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
51. On November 5, I sent a letter via electronic mail to FreeServers of North Sky, Inc. regarding the web site address http://brakton.freeservers.com. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
52. On November 5, I sent a letter via electronic mail to Anders Johansson of Q-Labs, regarding the web site address http://www.ajo.waw.pl/dvd. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
53. On November 5, I sent a letter via electronic mail to Anthony Coll of Yahoo, Inc., regarding the web site address http://www.geocities.com/thetropics/island/9478/index.html. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
54. On November 10, I sent a letter via electronic mail to Martin Schulze of Debian.org, regarding the web site address mpavgdebian.org. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
55. On November 10, I sent a letter via electronic mail to Robert Levin of Openprojects Group, regarding the web site address http://openprojects.net. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
56. On November 10, I sent a letter via electronic mail to Tony Schreiber of Man and Machine Ltd, regarding the web site address http://dvdarea.tsx.org. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
57. On November 10, I sent a letter via electronic mail to Pierre Francois Grimaldi of Telestore, regarding the web site address http://www.chez.com/perenoel/dvd.htm. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
58. On November 10, I sent a letter to Dvdsoft, regarding unauthorized distribution of deencryption material available through http://www.chez.com/perenoel/dvd.htm. I wrote that my firm had received information that the persons responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
59. On November 10, I sent two letters via electronic mail to Chris Butdorf of abusegcjb.net, regarding the web site address http://W3.dvdsoft.cjb.net and http://getdvd.cjb.net. I wrote that my firm had received information that the persons responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the accounts be terminated and that I be provided with the web site operators' names and physical address.
60. On November 10, I sent a letter to Dvdsoft, regarding the web site address http://www.chez.com/perenoel/dvd.htm. I wrote that my firm had received information that the person was responsible for the addresses were offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
61. On November 10, I sent a letter via electronic mail to George Hitsch of AT-Net, regarding the web site address http://start.at/dvdsoft. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
62. On November 10, I sent a letter via electronic mail to Mr. David Lehn of Corepower.com, regarding the web site address http://linuxdvd.corepower.com. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address. I received a response via e-mail from Mr. Lehn on the same day. Mr. Lehn offered to cooperate and remove offending content.
63. On November 10, I sent a letter via electronic mail to Mr. Anthony Coll of Yahoo, Inc., regarding the web site address http://www.geocities.com/dvdcentral/news.htm#041199/1. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
64. On November 10, I sent a letter via electronic mail to Marcin Ziolkowski of Astercity.Net, regarding the web site address http://www.geocities.com/dvdcentral/news.htm#041199/1. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
65. On November 10, I sent a letter via electronic mail to Robert Levin of Open Projects Net, regarding the web site address levin@dds.nl. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
66. On November 10, I sent a letter via electronic mail to cecil@calia.daewoo.lubin.pl regarding the web site address http://www.dvd.px.pl. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address. I received a response from that e-mail address on November 11th, denying that the web site contained any software designed to defeat DVD encryption technology. As of December 1 8th, there was no offending material on the web site.
67. On November 10, I sent a letter via electronic mail to Richard Troedsson of Apollo Computer Society, regarding the web site address http://apollo.nu/dvdsoft/decss.zip. I wrote that my firm had received information that the person responsible for the address offered to sell unauthorized DVD copies of my clients' motion pictures and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the person's account be terminated and that I be provided with the web site operator's name and physical address.
68. On November 12, I sent a letter via electronic mail to J. Randall Nye, Esq. of the Nye Financial Group, regarding the web site address http://www.rhythm.cx/dvd. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated, that other appropriate action be taken to terminate the infringement, and that I be provided with the operator's name and physical address.
69. On November 17, I sent a letter via electronic mail to Benjamin R. Bigelow of Humpin Industries Inc. LLC regarding the web site address http://www.humpin.org/decss. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated and that I be provided with the operator's name and physical address.
70. On November 17, I sent a letter via electronic mail to Tom Vogt of Lemuria.org regarding the web site address http://www.lemuria.org. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated and that I be provided with the operator's name and physical address.
71. On November 17, I sent a letter via electronic mail to cnet.com of C/Net, The Computer Network, regarding the web site address http://download.cnet.com. I wrote that my firm had received information that the person responsible for the address offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made, and that as a result of this activity, the copyrights of my clients were being infringed. I requested that the web site operator's account be terminated and that I be provided with the operator's name and physical address.
I hereby declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
[Signature]Harvey Shapiro, Esq.
Dated: December 24, 1999
New York. New York
[Exhibit A]
This exhibit consists of 134 pages of letters sent to the parties described in the declaration above.
[Sample of form letter 1, 1 page.]
November 18, 1999
David Griffin
Loyal Orange Association
94 Sheppard Avenue West
Willowdale, ON M2N 1M5, Canada
dgriffin@orange.ca
Re: Unauthorized Distribution of Copyright Motion Pictures
http://mclaughlin.orange.ca.us
MPAA # 5-671
Dear Mr. Griffin:
Sargoy, Stein, Rosen & Shapiro represents the following motion picture production and distribution companies:
Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of
Time Warner Entertainment Company, L.P.
We have received information that at the above address you have offered to sell unauthorized DVD copies of our clients copyrighted motion pictures, and offered to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made.
These activities constitute infringement of the exclusive rights to make copies and to distribute copies; and constitutes an infringement of copyright by offering goods or services which are primarily designed to circumvent technological protection measures. United States Copyright Act 17 U.S.C. §106 and §1201.
It is therefore demanded that you cease and desist from the above describe activities immediately. Your prompt response is requested. All rights are reserved.
Please telephone or write to me if you have any questions.
Very truly yours,
Edward Gallagher Legal Assistant
cc: Mikhai, Reider, MPM
[Sample of form letter 2, 2 pages.]
November 18. 1999
Charlotte Marchandise
Liberty Surf
30, Avenue Hoch
75008 Paris, France
Re: Infringement of Copyrighted Motion Pictures:
illegal distribution of deencryption material
perso.libertysu rf.fr/dvdrip/index.html
MPAA #5-671
Dear Mme. Marchandise:
Sargoy, Stein, Rosen & Shapiro represents and is authorized to act on behalf of the following copyright owners:
Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of
Time Warner Entertainment Company, L.P.
We have received information that at the above address there have been offers to provide instructions on defeating DVD encryption so that illegal copies of DVDs can be made. This site is providing links to 38 sites with the deCSS utility, the deCSS utility itself, and css-authorizing CVS code. Concurrently with this e-mail message, I am faxing to you material regarding this activity.
These activities constitute infringement of the exclusive rights to make copies and to distribute copies; and constitute an infringement of copyright by offering goods or services which are primarily designed to circumvent technological protection measures. United States Copyright Act 17 U.S.C. §106 and § 1201.
We request that you immediately terminate this individual's account with your service and take such other action as may be appropriate to suspend these illegal activities. We would also request that you advise us of the name and physical address of the person operating this site.
You may contact me as follows:
Edward Gallagher
Sargoy, Stein, Rosen & Shapiro
1790 Broadway, 19th floor
New York, NY 10019-1412
(212) 581-2222
(212) 581-2755 (Fax)
egallagher@sargoy.com
On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.
I hereby state, under penalty of perjury under the laws of New York and under the laws of the United States, that the information in this notification is accurate, and under penalty of perjury, that this law firm is authorized to act on behalf of the owners of an exclusive rights which are being infrinqed as set out in this notification.
We thank you for your cooperation in this matter. Your prompt response is requested so that the illegal infringing activity can be stopped.
Please telephone or write to me if you have any questions.
Very truly yours.
Edward Gallagher
Legal Assistant
cc: Mikhail Reider, MPM
[End document 7.]