From kmwlaw@flash.net Thu Jul 6 18:49:56 2000 Return-Path: Received: from bunyip.flash.net (bunyip.flash.net [209.30.2.15]) by mrvideo.vidiot.com (8.9.3/8.9.3) with ESMTP id SAA22498 for ; Thu, 6 Jul 2000 18:49:56 -0500 Received: from x3757 (ppp-63-198-80-82.dialup.grdn01.pacbell.net [63.198.80.82]) by bunyip.flash.net (8.9.3/Pro-8.9.3) with SMTP id SAA26819 for ; Thu, 6 Jul 2000 18:49:48 -0500 (CDT) Message-ID: <002f01bfe7a4$b4e39610$ed00000a@x3757> From: "KMWLAW" To: Subject: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX FILM CORPORATION AND THE WARNER BROS. PROPERTIES Date: Thu, 6 Jul 2000 16:48:36 -0700 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2314.1300 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2314.1300 Status: RO Dennis L. Wilson Keats McFarland & Wilson LLP 9720 Wilshire Blvd., Penthouse Suite Beverly Hills, CA 90212 (310) 777-3722 Fax: (310) 860-0363 July 6, 2000 VIA ELECTRONIC MAIL Vidiot@vidiot.com Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX FILM CORPORATION AND THE WARNER BROS. PROPERTIES Dear Sir or Madam: This letter is being written to you on behalf of Twentieth Century Fox Film Corporation and Warner Bros., a division of Time Warner Entertainment Company, L.P. (hereinafter collectively referred to as "Clients"). Twentieth Century Fox Film Corporation is the exclusive owner of all rights worldwide in and to the world famous "Ally McBeal," "Angel," "Buffy The Vampire Slayer," "Futurama," "Get Real" and "The X-Files" television series and related promotional material. In addition, Twentieth Century Fox Film Corporation is an owner in the United States of rights in and to the promotional material aired on the Fox Network, including promotional material for "Beverly Hills 90210," "Melrose Place," "Party of Five," and "Time of Our Life." Warner Bros. is the owner in the United States of all rights in and to the world famous "Babylon 5," "ER" and "Crusade" television series and related promotional material. In addition, Warner Bros. is an owner in the United States of rights in and to the promotional material aired on its WB Network, including promotional materials for the television series "Dawson's Creek," "Felicity," "Popular," "Roswell," "7th Heaven," "Charmed," "Buffy the Vampire Slayer," "Angel" and the stars of the WB promotional pieces. (All of our Clients' above-cited properties are hereinafter referred to as our "Clients' Properties"). Our Clients have recently learned that your web site located at "http://www.vidiot.com" posts for download unauthorized copies of our Clients' Properties in the form of promotional video and audio clips, opening and closing credits, video clips from selected episodes, sequentially arranged framegrabs taken from the credits, music themes and spoilers. Our Clients greatly appreciate fans of their television series and programming, and endeavor to provide the highest quality programming to their fans. However, your web site posts materials that are not authorized for distribution. For example, many of the clips on your site are in a form or stage of production not authorized for distribution at all. Our Clients have legal obligations, including contractual guild relationships, which require their action to stop such unauthorized distribution. Therefore, we must inform you that your distribution of our Clients' Properties violates our Clients' copyrights and trademark rights. We therefore request both that you cease such distribution and use of their Properties, and that you remove from your site or other sites operated by you all of the aforesaid Properties. As this is a matter of concern for our Clients, we request a prompt response. This letter is not a complete statement of our Clients' rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defenses of our Clients in connection with this matter, all of which are expressly reserved. Very truly yours, /s/ Dennis L. Wilson Keats McFarland & Wilson LLP DLW/ cc: Twentieth Century Fox Film Corporation Warner Bros.