Dear Mr. Lowenberg:
It has come to our attention that Andrew Baio is currently exploiting sound recordings that are owned and/or controlled by Capitol Records, Inc. ("Capitol"). In particular, it appears that Mr. Baio is using, without authorization, on his website, http://www.waxy.org/archive/2004/02/11/danger_m.shtml,
(the "Website"), copies of sound recordings embodying performances of the Beatles, including but not limited to recordings of "Long, Long, Long," "While My Guitar Gently Weeps," "Glass Onion," "Savoy Truffle," "Mother Nature's Son," "Helter Skelter," "Julia," "Happiness is Warm Gun," "Piggies," "Dear Prudence," "Rocky Raccoon," "Revolution 1," "Revolution 9," "I'm So
Tired," and "Cry Baby Cry" (the "Capitol Recordings").
Andrew Baio's unauthorized exploitation of the Capitol Recordings constitutes copyright infringement, and renders Andrew Baio, and any other company engaged in the unauthorized exploitation of the Capitol Recordings with Andrew Baio, liable for all of the remedies provided by the relevant laws occasioned by
Andrew Baio's unfair competition and dilution of our valuable property.
I am the agent authorized to act on behalf of Capitol, the complaining party. It is our understanding that Everyone's Internet, Inc. is the Internet Service Provider for Andrew Baio and the Website, and as such, you are the authorized agent for service of this notice in accord with The Digital Millennium Copyright Act of 1998, 17 U.S.C. � 512 et seq. (the "DMCA Notice") for Everyone's Internet, Inc.
We request that following your investigation of this matter you provide us full remedy under the DMCA Notice requirement, including but not limited to,
expeditiously removing or disabling access to our copyrighted material. Unless we receive full and immediate compliance with this demand within a
reasonable amount of time, we will be forced to consider pursuing our other remedies at law and in equity.
This letter is written without prejudice to any of our rights or remedies, all of which are expressly reserved herein.
By placing my signature herein, I state under penalty of perjury that the information contained in this notification is accurate and that I am authorized
to act on behalf of the owner of an exclusive right of the Copyright alleged to be infringed.