From: Hannah Amentler (hannah[at]inficad.com) To: security curmudgeon (jericho[at]attrition.org) Date: Thu, 21 Jun 2001 10:01:49 -0700 Subject: FW: INFRINGEMENT of PRICELESS on attrition.org Here is the first correspondence Hannah Amentler General Manager Inficad Communications hannah[at]inficad.com 602.265.4423 x125 -----Original Message----- From: Hannah Amentler [mailto:hannah[at]inficad.com] Sent: Monday, June 18, 2001 12:30 PM To: Jeanne.Hamburg@bakerbotts.com; pats[at]inficad.com Subject: RE: INFRINGEMENT of PRICELESS on attrition.org Importance: High Ms. Hamburg. I am in receipt of your emailed letter dated June 12. However, your letter is not specific in what content on the attrition.org site is actually violating your client's copyrights and/or trademarks. I have examined many areas of their site and have found no mention of the Mastercard logo or similar items. I am unable with the current information to identify what items your letter is referring to. According to the Digital Millennium Copyright Act which includes the Online Copyright Infringement Liability Limitation Act which limits the liability of Online Service Providers (OSPs) for allegations of contributory copyright infringement as a result of the OSPs storage of subscriber materials, you have failed to provide us with enough information to act upon your request. My understanding is we are entitled to the following: (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. If you will provide a list or indication of what items on the www.attrition.org website are actually in violation of any copyright or trademark laws I will be happy to look into it and contact the owners of this site in order for them to comply with your requests. However, I would point out to you that this website is not hosted by Inficad, we do not receive and have never received any monetary compensation from them whatsoever. The attrition.org website is hosted on a server that is not owned by Inficad, but by the owners of attrition.org. The only resource they utilize is Inficad's outbound bandwidth and IP address. I am not in control of what content is on their server. The only way I could even act on this request is to deny their IP address which would shut down their entire server, not just the material you have requested to have removed. Inficad has no access to their files or any items on their servers. I will be happy to help in any other way I can, and will contact the owners of attrition.org to see if they have complied. I look forward to your response. Thank you, Hannah Amentler General Manager Inficad Communications hannah[at]inficad.com 602.265.4423 x125 -----Original Message----- From: Jeanne.Hamburg@bakerbotts.com Sent: Monday, June 18, 2001 11:57 AM To: hannah[at]inficad.com; pats[at]inficad.com Subject: INFRINGEMENT of PRICELESS on attrition.org Dear Ms. Amentler and Mr. St. John: Please be advised that unless we receive your immediate confirmation that the infringing content is removed from attrition.org pursuant to our June 4 letter and June 12 email, our client will have no recourse but to consider legal action against Inficad as a contributory infringer under the U.S. Copyright and Trademark laws. Sincerely, Jeanne Hamburg Baker Botts L.L.P. 30 Rockefeller Plaza New York, NY 10112 (212) 408-2698 fax (212) 705-5020 email: jeanne.hamburg@bakerbotts.com