FC: Reply to Mattel temporary restraining order and subpoena

[Declan McCullagh <declan () well com>]

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March 24, 2000

Dear Mr. Schwartz,

On the evening of Saturday, March 18, 2000, you or someone using your
account sent me a copy of a temporary restraining order and subpoena
via email with the Subject line "Service of Temporary Restraining
Order." The attached subpoena ordered me to turn over documents and
records by the end of the business day today, March 24.

I have been in Dallas, Texas on a business trip and have not had an
opportunity to retain legal counsel to determine whether the subpoena
is legally served or otherwise legally objectionable. As a journalist,
I intend to fight this subpoena, which seems unnecessarily broad, not
to mention ill-advised. Thus I am requesting the courtesy of an
extension until next Wednesday, March 29.

- -Declan
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At 17:34 3/18/2000 -0500, you wrote in "Service of Temporary Restraining 
Order":
> 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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