From: Michael Holve
Date: Mon Dec 03, 2001 01:22:44 PM US/Eastern
To: "Vayra, Fabricio"
Subject: Re: Notice of Infringement
Vayra,
It is my belief that this "procedure" is written in plain English and as
such, does not constitute a trade secret, intellectual property or source
code of Apple Computer, Inc. Therefore, I do not believe that I will be
removing it at this time. Further note, that this information has spread
across the Web, usenet, Gnutella and other locations - and not my
information as seen on the Website, but the original, basic instructions.
If I were to remove my Web page entirely, the information would still exist,
at large - on the Internet.
Also, I am merely posting the plain English "procedure" and have not
indicated that I actually performed it, so the basis for suggesting that I
violated any copyright laws or licenses is unfounded.
I might concede, however - to removing the screengrab portions of the
posted "procedure" if you feel that is necessary in light of the above.
I eagerly await your reply.
On Friday, November 30, 2001, at 07:05 PM, Vayra, Fabricio wrote:
November 30, 2001
VIA E-MAIL
Michael Holve
michael@litpixel.com
michael@everythingmac.org
RE: Notice of Infringement
Dear Mr. Holve:
We represent Apple Computer, Inc. ("Apple") with respect to its intellectual
property matters. Recently, it has come to our attention that you are
publishing unauthorized screen shots of Apple's software (the "Screen
Shots") and providing unauthorized instructions concerning the modification
of the Mac OS X 10.1 update software (the "Software") on your website at
. Specifically, it appears
that you are providing instructions with the Screen Shots for converting Mac
OS X 10.1 update Software to a full install version of Mac OS X from your
web site in violation of the Copyright Act and in violation of your software
license agreement with Apple.
You should be aware that Apple has never authorized you to modify the
Software or publish the Screen Shots. Moreover, by publishing the Screen
Shots and providing instructions on how to modify and circumvent
restrictions within the Software, you are infringing Apple's copyrights in
violation of the Copyright Act and engaging in acts of unfair competition in
violation of the Lanham Act. Additionally, Apple's license agreement, which
you accepted upon purchasing a copy of the Software, specifically prohibits
you from copying, decompiling, reverse engineering, disassembling, modifying
or creating derivative works of the Software.
Consequently, on behalf of our client, we demand that you cease and desist
from publishing or distributing the above-referenced materials. We believe
that this is a very serious matter, thus we ask that we receive confirmation
in writing from you that you have removed the infringing material from your
web site.
Thank you for your prompt cooperation.
Sincerely,
Fabricio Vayra
202/857-6130
vayraf@arentfox.com
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Phone 202/857-6000
Fax 202/857-6395
www.arentfox.com
