From: "Randy Holcomb"
(from Politech:)
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Mattel's attorneys have sent me a subpoena. Mattel, which sells
CyberPatrol, has a problem: It wants to know exactly who's been downloading
a program that reveals CyberPatrol's list of off-limits web sites.
Now, I never mirrored this "cphack" utility. But I did post the
addresses of mirror sites to the politech list and the politechbot.com web
site -- and that information source seems to be what attorney Irwin
Schwartz is worried about. Schwartz copied system administrators at MIT,
which is where the list lives.
Naturally I have no intention of revealing the identities of politech
readers to Mattel or anyone else. Nor is a subpoena sent via email usually
viewed as proper service, at least where I come from.
I've set up a web site to keep track of all these documents and developments:
http://www.politechbot.com/cyberpatrol/
-Declan
***********
ischwartz{at}schwartz-nystrom.com>
webmaster{at}bip.net>,
> "'redaktionen{at}bip.net'"
redaktionen{at}bip.net>,
declan{at}well.com>,
web-request{at}mit.edu>,
mis-team{at}mit.edu>
>Cc: "'mailbox{at}schwartz-nystrom.com'"
>Subject: Service of Temporary Restraining Order
>Date: Sat, 18 Mar 2000 17:34:03 -0500
>
>To Whom It May Concern
>
>Re: Microsystems Software Inc. et al. v. Scandinavia Online AB et
>al., Case No. 00-cv10488-EFH (D. Mass.)
>
>Greetings:
>
> This firm represents Microsystems Software, Inc. and Mattel, Inc.
> in the above-referenced action filed in the United States District Court
> for the District of Massachusetts.
>
> On March 17, 2000, United States District Judge Edward Harrington
> entered a temporary restraining order in the above-referenced matter
> prohibiting any further publication of "CP4break.zip" or
"cphack.exe" or
> any derivative thereof, which likely violate United States copyright laws
> (the "Order"). A copy of that Order is attached here as
Order.uni and in
> its proposed form as order.doc. You may open the *.uni document with a
> *.tif file reader.
>
>
>
> It has come to our attention that your Web hosting service or Web
> site is publishing one or both of these prohibited files. This letter
> and the enclosed Word documents and *uni files will place you on notice
> of Judge Harrington's Order.
>
> The Order also permits Microsystems to take discovery on an
> expedited basis. Accordingly, I have included a subpoena to you that
> requires you to disclose the log of persons who downloaded either
> "CP4break.zip" and/or "cphack.exe". A copy of the
subpoena is attached
> here as *.uni and in Word format as subpoena.doc.
>
>
>
>
> In addition, attached to this E-mail transmittal are the
> following documents in Microsoft Word and *.uni format:
>
>Verified Complaint
>
>Plaintiffs' Ex Parte Motion for Temporary Restraining Order and Expedited
>Discovery;
>
>Memorandum in Support of Ex Parte Motion for Temporary Restraining Order
>and Expedited Discovery.
>
> We recommend that you retain counsel in Massachusetts and we ask
> that you or your counsel contact us as soon as possible to arrange more
> formal service of these documents on you.
>
> Sincerely,
>
>
>
> Irwin B. Schwartz
>
>Enclosures
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