From Smith, Greg S. Fri Apr 11 19:16:30 2003
Subject: Cease & Desist Letter
From: "Smith, Greg S." <xxxxxx@xxxxx.com>
To: contact@interz0ne.com
Dear Interz0ne II Conference Chair:
I am attorney with the law firm of Sutherland Asbill & Brennan LLP, which has been retained by Blackboard Inc. I am attaching a cease and desist letter relating to the "Campuswide System Vulnerabilities Update" seminar, listed on your schedule for Saturday, April 12, at 7:00 pm, with panelists Billy Hoffman ("Acidus") and Virgil Griffith ("Virgil"). I urge you to read the attached letter before that seminar begins, so that you may take any and all appropriate actions.
If you have questions, you may contact me this weekend at (xxx) xxx-xxxx.
Best regards.
Greg Smith
<<WO_178130_1.DOC>>
GREGORY STUART SMITH
DIRECT LINE: xxx-xxx-xxxx
Internet: xxxxx@xxxxxx.com
April 11, 2003
VIA FEDERAL EXPRESS
Conference Chair
Interz0ne II Conference
Radisson Hotel Atlanta Northlake
4156 LaVista Road
Atlanta, Georgia 30084
Re: Unauthorized Use and Disclosure of Intellectual Property
Dear Conference Chair:
Our law firm serves as counsel to Blackboard Inc. ("Blackboard"), owner of all intellectual property rights in the Blackboard Transaction System. Through Blackboard's extensive and continuous use and promotion of this product and other systems, Blackboard's mark is recognized around the world, and its intellectual property has acquired substantial good will, particularly among its worldwide school and university customers.
It recently has come to Blackboard's attention that Billy Hoffman and Virgil Griffith are intending to speak as co-panelists in your upcoming InterzOne II conference on April 11, 2003. The website located at www.yak.net/acidus, Mr. Hoffman's website, states that, "The signals to and from several Blackboard readers have been captured, as well as how data is stored on the cards. Using this knowledge Virgil and I have created a drop-in compatible reader, that will work with an existing RS-485 network. Computer code to emulate any reader made as well as hardware specs to wire the readers and control circuits will be launched." Explaining, Mr. Hoffman's website states that "This will show not only did we hack the system, but we hacked it so far we could build functional readers from scratch." The website states that he intends at this conference to "release code to make a computer emulate any Blackboard reader, as well as the hardware designs ... to make a drop in replacement for any Blackboard reader." The website also threatens that, because "Blackboard wouldn't make their system more secure, or tell people how to secure it, I'll simply make compatible ones myself and give them away."
Please be advised that the actions described on Mr. Hoffman's website, including the hacking of Blackboard's system, are illegal, and that any effort by either Mr. Hoffman or Mr. Griffith to convey to others at your Conference any information gleaned in whole or in part from such actions, particularly in an effort to cause Blackboard economic harm, would be improper. Please be advised of our view that it would be actionable for you or your conference to facilitate Mr. Hoffman's and Mr. Griffith's announced plans for, among other things, the disclosure of signals captured, the releasing of code, the description of development of functional readers, and the hardware specs to wire the readers and/or control circuits. Please be advised further that the www.yak.net/acidus website's use of the Blackboard name and the Blackboard logo is unauthorized and far exceeds the parameters of any nominative fair use, constituting a false designation of origin in violation of the federal Lanham Act, and we caution that we have not authorized Blackboard's name or logo to be used in any seminar or conference materials or in any presentation. We are also examining whether the actions of Mr. Hoffman and Mr. Griffin may have violated other federal laws, including (among others) the Digital Millenium Copyright Act, the Economic Espionage Act, the Electronic Communications Privacy Act, the Wiretap Act, and the Consumer Fraud and Abuse Act, as well as Georgia's Computer Systems Protection Act.
Accordingly, Blackboard hereby requests that you immediately cease and desist from any disclosure of information noted above, or any facilitation of that disclosure, including but not limited to, the disclosure of signals captured, the releasing of code, the development of functional readers, and hardware specs to wire the readers and control circuits. Blackboard also requests that you immediately cease and desist from any facilitation of the use of its name and marks in any manner, and that you remove all references to Blackboard and its Transaction System from any website, power point presentation, seminar handouts, or any other promotional materials, including all records that may have been prepared in connection with the Interz0ne II conference by Mr. Hoffman or Mr. Griffith, and that you refrain from any use of such marks.
Blackboard is filing a motion for preliminary and permanent injunctive relief against Mr. Hoffman and Mr. Griffith, to prevent the anticipated actions their website has announced. Blackboard is actively seeking a temporary restraining order and other injunctive relief in this matter. Failure to comply with these requests may expose you or your organization to an action for injunctive relief or monetary damages, and any other relief permitted under state and federal law, including court costs and attorneys' fees. You may also wish to consider and examine the potential criminal consequences, under theories of aiding and abetting and conspiracy, if you facilitate Mr. Hoffman's and Mr. Griffith's efforts despite their known and admitted hacking.
If you fail to comply with these requests, Blackboard will have no choice but to proceed in a manner appropriate to protect its valuable intellectual property rights.
Sincerely,
Gregory S. Smith