Cease and Desist Letter
October 10, 2003
Online Policy Group, Inc.
304 Winfield Street
San Francisco, CA 94110-5512
Re: Copyright Infringement
Dear Mr. Doherty:
We represent Diebold, Incorporated and its wholly owned subsidiary Diebold Election Systems, Inc. (collectively "Diebold").
Diebold is the owner of copyrights in certain correspondence relating to its electronic voting machines that was stolen from a Diebold computer ("Diebold Property").
It has recently come to our clients' attention that you appear to be hosting a web site that contains information location tools that refer or link users to one or more online location containing Diebold Property. The material and activities at the online location infringe Diebold's copyrights in the Diebold Property because the Diebold Property was copied and posted to the online location and is being distributed from the online location, without Diebold's consent. The web page you are hosting clearly infringes Diebold's copyrights by providing information location tools that refer or link users of the web page to an online location containing infringing material or activity. See 17 U.S.C. 512(d).
The web page, information location tool, and online location are identified in a chart attached to this letter.
The purpose of this letter is to advise you of our clients' rights and to seek your agreement to the following: To disable or remove the information location tool(s) identified in the attached chart. In addition to disabling or removing any hyperlink, the disabling or removal should include destroying the usefulness as an information location tool of any textual directory or pointer information contained therein.
In addition, please note that the page actively encourages infringing activity. It initially pointed to one infringing web site. When that web site was removed two additional links were added pointing to a new web site hosting the same infringing material. Between the first draft of this letter and the time of its transmission, links to a third infringing site were added. Please take action to ensure that the thread itself is removed or locked so that additional links are not added, and to prevent the user who has repeatedly posted infringing material at the web site from continuing to use a site hosted by Online Policy Group to engage in infringing activity.
Please confirm, in writing, that you have complied with the above request.
The information contained in this notification is accurate as of the time of compilation and, under penalty of perjury, I certify that I am authorized to act on behalf of Diebold.
Our clients reserve their position insofar as costs and damages caused by the unauthorized provision of information locating tools with respect to online locations engaged in infringing activity with respect to the Diebold Property. Our clients also reserve their right to seek injunctive relief to prevent further unauthorized provision of information locating tools with respect to online locations engaged in infringing activity with respect to Diebold Property, pending your response to this letter. We suggest you contact your legal advisors to obtain legal advice as to your position.
We await your response within 24 hours.
Very truly yours,
Ralph E. Jocke
Links to online locations containing infringing information or activity posted at http://www.indybay.org
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