Yahoo Demand Letter to Cryptome Re Posting of Compliance Guide for Law Enforcement 2009
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IBO Connecticut Avenue, NW Washington, DC 200)6·1795 Tel 202.4293000 Fax 202.4293902 steptoe,com Michael 1. Gershberg 202.429,6208 mgershberg@steproe,com December 2, 2009 Via Email and Federal Express John Young Cryptome 251 West 89th Street New York, NY 10024 cryptome @earthlink.net Re: Infringement of Yahoo! Inc.'s Intellectual Property Rights Dear Mr. Young: We write on behalf of our client, Yahoo! Inc. ("Yahoo!"). Yahoo! is the owner of numerous copyrights, including those covering its internal policies. It has come to our attention that a copy of a confidential, proprietary, and copyrightprotected Yahoo! document has been posted to xour website at: http://cryptome.orglispspy/yahoo-spy.pdf. The unauthorized use and distribution of this document, Yahoo!'s Compliance Guide for Law Enforcement, infringes Yahoo!' s intellectual property rights and constitutes a violation of U.S. copyright law. It also infringes Yahoo!' s trade secrets and constitutes business interference. In accordance with the terms of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c), we are providing you with notice that: (l)Yahoo! is the exclusive owner of the identified infringing material at the website provided above; (2) Yahoo! has a good faith belief that use of this material is not authorized by Yahoo!, its agents, or the law; and (3) the information in this notice is accurate, and under penalty of perjury, we are authorized by our client to act on its behalf. We request that you cease this unauthorized activity. Specifically, we request that you immediately remove all infringing material from your website. Because the identified infringing material infringes our client's rights and is in violation of U.S. law, we ask that Cryptome immediately remove all such infringing material on its website. We are sure you appreciate the importance of this matter, as disclosure of this information will assist criminals to structure their communications to evade apprehension. \Ve look forward to a quick resolution of this matter, and request that the material be removed from WASHINGTON • NEW YORK • CHICAGO • PHOENIX • LOS ANGELES • CENTURY CITY • LONDON • BRUSSELS your website by no later than 12:00 pm Eastern time on December 3,2009. Yahoo! reserves all rights and remedies that it may have in connection with this matter. Thank you for your cooperation in resolving this matter. Sincerely, Michael T. Gershberg