[WEB] Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES

[WEB] Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES

J

27 Oct, 1999

On October 27, 1999 I received the following email from my Internet Service Provider. After more than 80,000 “hits” (what we called “page views” back then), my “X-Files” fansite had caught the attention of 20th Century Fox, and they demanded it be taken down, as part of an early attempt to control the Internet. In order to get my complete website unsuspended, I had to my the X-files fansite. In its place, I left a note, which said:

“They finally got me! Well can’t say I didn’t see it coming… Please feel free to complain to: webmaster@fox.com or KMWLAW@flash.net”

Followed by the actual letter, which I have repeated below. FOX lawyers had, for years, spent a lot of time and money on shutting down fansites, instead of embracing them. It turned out to not be a very popular tactic, and eventually they were overwhelmed and gave up.

-------- Original Message -------- Subject: Account Suspension: casi.simplenet.com Date: Wed, 27 Oct 1999 10:03:35 -0700 From: SimpleNet Abuse Review To: j@weatherwatchers.org CC: wxwatch@psi.pair.com Account name: casi.simplenet.com We have received numerous complaints that your account is involved in violations of SimpleNets' policies. Your account was originally activated based on your review and acceptance of those policies. You have contracted to be bound by the provisions of the policies. To refresh your memory concerning our policies please refer to: http://www.simplenet.com/about/policies.html SIMPLENET HAS SUSPENDED YOUR WEB ACCOUNT. YOU HAVE 72 HOURS WITHIN WHICH YOU CAN BRING YOUR ACCOUNT INTO COMPLIANCE. FAILURE TO COMPLY WILL RESULT IN CANCELLATION. This complaint relates to the content found at the following location: http://casi.simplenet.com/j/oldsite/x/ You will find the complaint below this message for your review. Your account will not be reactivated until all such content has been fully removed. We appreciate your support of SimpleNet as your service provider and desire to continue to serve you. To that end we encourage you to bring your account into compliance within the time allowed. Unfortunately, we are not in a position to aid you in this task, compliance is your responsibility. Thank you for your anticipated actions to remain a valuable SimpleNet customer. Thank you, SimpleNet
---begin complaint--- Date: Mon, 25 Oct 1999 16:29:01 -0700 From: "KMWLAW" Subject: IMPORTANT Dennis L. Wilson Keats McFarland & Wilson LLP Penthouse Suite 9720 Wilshire Blvd. Beverly Hills, CA 90212 Tel: (310) 248-3830 Fax: (310) 860-0363 October 25, 1999 VIA ELECTRONIC MAIL & CERTIFIED MAIL Simple Network Communications, Inc. 225 Broadway, 13th Floor San Diego, Ca 92101 Domainmaster@simplenet.net Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES OUR REF. NO.: FX1735 To Whom It May Concern: This letter is being written to you on behalf of our client, Twentieth Century Fox Film Corporation (hereinafter "Fox"). Fox is the Exclusive owner of all rights to the world famous "The X-Files" and related copyrights, trademarks, and indicia of origin (hereinafter collectively referred to as the "Fox's Copyrights and Trademarks"). No one is authorized to reproduce, transmit, copy, or otherwise utilize Fox's Copyrights and Trademarks without the express written permission of Fox. This is our third letter regarding a web site located at "http://casi.simplenet.com/j/oldsite/x/," for which you are a service provider. Our recent review of this site indicates that it still contains various unauthorized copies and/or derivative copies of the X-Files Copyrights and Trademarks, including audio clips and video clips relating to "The X-Files." (Attached are photocopies of representative pages from the aforementioned web site). To date we have received no response from you. On behalf of Fox, we request your assistance in the removal of Infringements of Fox's Copyrights and Trademarks from this site and any other sites for which you act as an Internet service provider. As this matter is of serious concern to Fox, we anticipate your immediate reply. Nothing in this letter shall be construed as a waiver of relinquishment of any right or remedy possessed by Fox or any other affected party, all of which are expressly reserved. Very truly yours, Dennis L. Wilson Keats McFarland & Wilson LLP DLW:vmm cc: Twentieth Century Fox Film Corporation -- end complaint --