14 April 2003. Thanks to J.
Source:
http://www.interz0ne.com/events/interz0ne_cease_order.html
GREGORY STUART SMITH
DIRECT LINE: xxx-xxx-xxxx
Internet: xxxxx@xxxxxx.com
April 11, 2003
VIA FEDERAL EXPRESS
Conference Chair
Interz0ne II Conference
Radisson Hotel Atlanta Northlake
4156 LaVista Road
Atlanta, Georgia 30084
Re:Unauthorized Use and Disclosure of Intellectual Property
Dear Conference Chair:
Our law firm serves as counsel to Blackboard
Inc. ("Blackboard"), owner of all intellectual property rights in the Blackboard
Transaction System. Through Blackboard's extensive and continuous use and
promotion of this product and other systems, Blackboard's mark is recognized
around the world, and its intellectual property has acquired substantial
good will, particularly among its worldwide school and university customers.
It recently has come to Blackboard's attention
that Billy Hoffman and Virgil Griffith are intending to speak as co-panelists
in your upcoming InterzOne II conference on April 11, 2003. The website located
at www.yak.net/acidus, Mr. Hoffman's
website, states that, "The signals to and from several Blackboard readers
have been captured, as well as how data is stored on the cards. Using this
knowledge Virgil and I have created a drop-in compatible reader, that will
work with an existing RS-485 network. Computer code to emulate any reader
made as well as hardware specs to wire the readers and control circuits will
be launched." Explaining, Mr. Hoffman's website states that "This will show
not only did we hack the system, but we hacked it so far we could build
functional readers from scratch." The website states that he intends at this
conference to "release code to make a computer emulate any Blackboard reader,
as well as the hardware designs ... to make a drop in replacement for any
Blackboard reader." The website also threatens that, because "Blackboard
wouldn't make their system more secure, or tell people how to secure it,
I'll simply make compatible ones myself and give them away."
Please be advised that the actions described
on Mr. Hoffman's website, including the hacking of Blackboard's system, are
illegal, and that any effort by either Mr. Hoffman or Mr. Griffith to convey
to others at your Conference any information gleaned in whole or in part
from such actions, particularly in an effort to cause Blackboard economic
harm, would be improper. Please be advised of our view that it would be
actionable for you or your conference to facilitate Mr. Hoffman's and Mr.
Griffith's announced plans for, among other things, the disclosure of signals
captured, the releasing of code, the description of development of functional
readers, and the hardware specs to wire the readers and/or control circuits.
Please be advised further that the
www.yak.net/acidus website's use
of the Blackboard name and the Blackboard logo is unauthorized and far exceeds
the parameters of any nominative fair use, constituting a false designation
of origin in violation of the federal Lanham Act, and we caution that we
have not authorized Blackboard's name or logo to be used in any seminar or
conference materials or in any presentation. We are also examining whether
the actions of Mr. Hoffman and Mr. Griffin may have violated other federal
laws, including (among others) the Digital Millenium Copyright Act, the Economic
Espionage Act, the Electronic Communications Privacy Act, the Wiretap Act,
and the Consumer Fraud and Abuse Act, as well as Georgia's Computer Systems
Protection Act.
Accordingly, Blackboard hereby requests that
you immediately cease and desist from any disclosure of information noted
above, or any facilitation of that disclosure, including but not limited
to, the disclosure of signals captured, the releasing of code, the development
of functional readers, and hardware specs to wire the readers and control
circuits. Blackboard also requests that you immediately cease and desist
from any facilitation of the use of its name and marks in any manner, and
that you remove all references to Blackboard and its Transaction System from
any website, power point presentation, seminar handouts, or any other promotional
materials, including all records that may have been prepared in connection
with the Interz0ne II conference by Mr. Hoffman or Mr. Griffith, and that
you refrain from any use of such marks.
Blackboard is filing a motion for preliminary
and permanent injunctive relief against Mr. Hoffman and Mr. Griffith, to
prevent the anticipated actions their website has announced. Blackboard is
actively seeking a temporary restraining order and other injunctive relief
in this matter. Failure to comply with these requests may expose you or your
organization to an action for injunctive relief or monetary damages, and
any other relief permitted under state and federal law, including court costs
and attorneys' fees. You may also wish to consider and examine the potential
criminal consequences, under theories of aiding and abetting and conspiracy,
if you facilitate Mr. Hoffman's and Mr. Griffith's efforts despite their
known and admitted hacking.
If you fail to comply with these requests,
Blackboard will have no choice but to proceed in a manner appropriate to
protect its valuable intellectual property rights.
Sincerely,
Gregory S. Smith