FC: Mattel sends me a subpoena, wants politech reader list

[Declan McCullagh <declan () well com>]

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

***********

> From: "Irwin B. Schwartz" <ischwartz () schwartz-nystrom com>
> To: "'webmaster () bip net'" <webmaster () bip net>,
>         "'redaktionen () bip net'"
>         <redaktionen () bip net>,
>         "'declan () well com'" <declan () well com>,
>         "'web-request () mit edu'" <web-request () mit edu>,
>         "'mis-team () mit edu'" <mis-team () mit edu>
> Cc: "'mailbox () schwartz-nystrom com'" <mailbox () 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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