April 21, 2005
NOT FOR POSTING
Registrant of www.piratebay.org
Re: Apple Intellectual Property Disseminated by
Dear Mr. Neij:
We represent Apple Computer, Inc. On or before April 21, 2005, the
site www.piratebay.org was in the process of distributing and/or
facilitating the distribution of a misappropriated copy of an
unreleased version of Apple's operating system software, Tiger 10.4,
Build 8A428. The software constitutes an Apple trade secret and is
Apple has a well-known, longstanding policy of closely guarding
information about its unreleased products as trade secrets.
We demand that you immediately disable the torrent and/or tracker and
prevent further distribution of Apple's trade secret and copyrighted
Apple further demands that you provide us with all information
relating to the posting of torrents enabling the distribution of Mac
OS X Tiger, Build 8A428, including all log files and tracker files
associated with such torrents. Apple also demands all information
related to the identity of the persons who created such torrent files
and/or who uploaded the software referenced by those torrent files, as
well as the identities of all individuals who participated in the
uploading and downloading of Apple's software.
If you fail to maintain the evidence of this illegal activity, you will be subject to
severe sanctions. In particular, if you destroy or hide any evidence,
you will be subject to civil and criminal penalties. Please produce
all requested information by the end of the day, Friday, April 22,
Builds of unreleased Apple software are distributed under strict
confidentiality agreements. Your torrent site appears to be engaged
in a practice of soliciting and disseminating Apple trade secrets.
This practice is grounds for both civil and criminal liability. To
avoid further liability, you must refrain from inducing the breach of
any Apple confidentiality agreements, soliciting Apple trade secrets,
and distributing Apple trade secrets on your site.
Apple is prepared to take further actions to stop the sites illegal
activities, and Apple expressly reserves its rights. I am available
to discuss this matter at any time. If you are represented by counsel
in this matter, please provide me with the identity of that counsel.
OMelveny & Myers LLP
Embarcadero Center West
275 Battery Street, Suite 2600
(415) 984-8783 (direct)
(415) 984-8701 (fax)
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