From: Hannah Amentler (hannah[at]inficad.com)
To: jericho[at]attrition.org
Date: Thu, 21 Jun 2001 10:58:51 -0700
Subject: FW: INFRINGEMENT of PRICELESS on attrition.org


FYI
boy she likes to push and push

Hannah Amentler
General Manager
Inficad Communications
hannah[at]inficad.com
602.265.4423 x125


-----Original Message-----
From: Jeanne.Hamburg@bakerbotts.com
Sent: Thursday, June 21, 2001 10:24 AM
To: hannah[at]inficad.com
Subject: RE: INFRINGEMENT of PRICELESS on attrition.org


Thank you.  I would appreciate it if you would give me a full name and
postal box address, also.

-----Original Message-----
From: Hannah Amentler [mailto:hannah@inficad.com]
Sent: Thursday, June 21, 2001 1:25 PM
To: Jeanne.Hamburg@bakerbotts.com
Subject: RE: INFRINGEMENT of PRICELESS on attrition.org


Ms. Hamburg
I will return your call today regarding this issue.
Also, I have contacted the owners through email several times this week. I
have forwarded them all your correspondence, however, they only run unix
platforms so cannot view the word document letter you had sent to me.
I have only a P.O Box address for them and do any contact necessary with
them through email.
The email address I use to speak with the owner is jericho[at]attrition.org
He is actually quite responsive and I have never had any problems with them.

I suggest contacting him through his direct email address.
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 1:21 PM
To: hannah[at]inficad.com
Subject: RE: INFRINGEMENT of PRICELESS on attrition.org


Ms. Amentler:

You had advised us in your last email you would notify the owners as well.
Please do so. Thank you.

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


-----Original Message-----
From: Hannah Amentler [mailto:hannah[at]inficad.com]
Sent: Monday, June 18, 2001 4:22 PM
To: Jeanne.Hamburg@bakerbotts.com
Subject: RE: INFRINGEMENT of PRICELESS on attrition.org


Dear Ms. Hamburg,
Thank you for the following list. I looked over the June 4 letter and did
not see such a list so I appreciate having some links to look at.
I will get you a mailing address to contact them directly as they are back
east somewhere and as I indicated in my last correspondence, we do not even
have access to their server to remove anything on your behalf.

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 12:53 PM
To: hannah[at]inficad.com
Subject: RE: INFRINGEMENT of PRICELESS on attrition.org


Dear Ms. Amentler:

We are in receipt of your letter.  We have already identified, in the body
of our June 4 letter, the copyrighted material owned by MasterCard as well
as its federal trademark registration in the mark PRICELESS.  The infringing
content is located at the following URLs.

http://www.attrition.org/gallery/other/priceless20.jpg
http://www.attrition.org/gallery/other/priceless1.jpg
http://www.attrition.org/gallery/other/priceless2.jpg
http://www.attrition.org/gallery/other/priceless3.jpg
http://www.attrition.org/gallery/other/priceless4.jpg
http://www.attrition.org/gallery/other/priceless5.jpg
http://www.attrition.org/gallery/other/priceless6.jpg
http://www.attrition.org/gallery/other/priceless7.jpg
http://www.attrition.org/gallery/other/priceless8.gif
http://www.attrition.org/gallery/other/priceless9.jpg
http://www.attrition.org/gallery/other/priceless10.jpg
http://www.attrition.org/gallery/other/priceless11.jpg
http://www.attrition.org/gallery/other/priceless12.jpg
http://www.attrition.org/gallery/other/priceless13.jpg
http://www.attrition.org/gallery/other/priceless14.jpg
http://www.attrition.org/gallery/other/priceless15.jpg
http://www.attrition.org/gallery/other/priceless16.jpg
http://www.attrition.org/gallery/other/priceless17.jpg
http://www.attrition.org/gallery/other/priceless18.jpg
http://www.attrition.org/gallery/other/priceless19.jpg

We appreciate your immediate attention, and also ask that you forward to us
the names of the owners of the site so we can write to them directly.

Sincerely yours,
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


-----Original Message-----
From: Hannah Amentler [mailto:hannah[at]inficad.com]
Sent: Monday, June 18, 2001 3:30 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



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