From: Phillip Kim
Subject: Personal Web Site To: napier (The Distorted Barbie) Date: Thu, 16 Oct 1997 15:41:23 -0400 (EDT) Mr. Mark Napier 451 East 14th St Apt #12H New York, NY 10009 16 October 1997 Dear Mark, My name is Phillip Kim, and I am Vice President of Interport Communications Corp. We recently received a letter from Mattel, Inc.'s attorney which claims that a section of your Web site which you maintain on our service is an infringement on Mattel's BARBIE copyright. The address of the Web page is: http://www.users.interport.net/~napier/barbie/barbie.html This is the first time Interport management has been made aware of the content of this particular Web page. Interport is not qualified to verify Mattel's claim and has absolutely no opinion on whether Mattel's claim is true or not. Regardless, Interport is in a position of potential liability; Internet Service Providers have been found liable for the copyright infringements of their users in past court cases. Again, we make no statement that a copyright infringement exists. However one may agree or disagree with this existing environment, Interport is compelled to act accordingly in a manner which limits our liability. We hope that you would appreciate our position and, as such, voluntarily remove the Web page from the Internet until the issue is resolved between Mattel, Inc. and yourself. Interport must have the Web page removed as of Wednesday 22 October 1997. If you have any questions, please contact me at 212.989.1128 ext 205. Mattel's attorney, should you wish to contact him, is: William Dunnegan Attorney at Law 720 Fifth Avenue New York, NY 10019 212.397.7000 I have sent this letter via regular mail which also includes a copy of Mattel's letter. Thank you for your prompt attention to the matter, and I apologize for any inconvenience it may cause you. Sincerely, Phillip Kim Vice President Interport Communications Corp.