1 April 2000
Source: Hardcopy received by certified mail.
[Letter, 3 pages]
WEIL, GOTSHAL & MANGES LLP
767 FIFTH AVENUE · NEW YORK, NY 10153-0119
|WRITER'S DIRECT LINE
212 310 8688
March 31, 2000
RETURN RECEIPT REQUESTED
251 West 89th Street
New York, NY 10024
Attn.: Guidelines Enforcement
Re: DVD Copy Control Association, Inc. vs. McLaughlin et al./Santa Clara Superior Court/ Case No. CV 786804
Dear Mr. Young:
On behalf of our client, DVD Copy Control Association, Inc. ("DVD CCA"), I am writing to you to inform you that certain web sites which you host are illegally posting trade secrets licensed by DVD CCA in violation of an Order issued by the Santa Clara County Superior Court in California on January 21, 2000.
By way of background, DVD CCA is the sole licensor of trade secrets which comprise the Content Scrambling System ("CSS"), encryption technology designed to protect motion pictures released on Digital Versatile Discs ("DVDs"). In late October 1999, it became apparent that a version of the CSS technology, titled DeCSS, was being posted illegally on the Internet.
On December 27, 1999, DVD CCA filed a Complaint in the Santa Clara County Superior Court in the State of California (Case No. CV 786804) against 21 defendants, 72 "Doe" defendants for whom we had identified a web site address and an additional 428 Doe Defendants. (A true and correct copy of the Complaint is attached as Exhibit A.) At the same time, DVD CCA also filed an Application for a Preliminary Injunction seeking to have the Court prohibit these defendants from posting the CSS trade secrets. On January 21, 2000, the Court granted DVD CCA's Application and issued a preliminary injunction which provides as follows:
The named Defendants, their officers, directors, principals, agents, servants, employees, attorneys, successors and assigns, representatives and all persons acting in concert with them, are hereby enjoined from: Posting or otherwise disclosing or distributing, on their websites or elsewhere, the DeCSS program, the master keys or algorithms of the Content Scrambling System ("CSS"), or any other information derived from this proprietary information.
(Preliminary Injunction at 1-2). (A true and correct copy of the Court's Order Granting Preliminary Injunction is attached hereto as Exhibit B.)
Despite the Preliminary Injunction issued by the Santa Clara Superior Court, thc following web sites which you host, and which are "Doe" defendants in the above-referenced action, are still postinsg the CSS trade secrets:
The purpose of this letter is twofold:
First, to demand that you remove from all of the web sites listed above any posting of the DeCSS program, the master keys and algorithms of CSS, or any other information derived from this proprietary information. Please conflrm in writing to the undersigned that you have effected removal of this material within ten (10) business days. If we have not received a response from you, we will consider that you are acting in concert with the web sites listed above and will consider taking legal action against you.
Second, to demand that you provide us in writing the name(s), address(es) and telephone number(s) of the person or persons who own or control the web sites listed above within ten (10) business days. If we have not received this information, we will proceed to serve subpoenas on you to obtain this information.
We appreciate your cooperation in this matter. If you have any questions, please do not hesitate to contact me
Very truly yours,
Edward J. Burke
Jeffrey L. Kessler, Esq.
Robert G. Sugarman, Esq.
Jonathan S. Shapiro, Esq.
See attached exhibits online:
Exhibit A, 20 pages: http://cryptome.org/dvd-v-500.htm
Exhibit B, 6 pages: http://www.eff.org/pub/Intellectual_property/Video/DVDCCA_case/20000120-pi-order.html