Letter to NTAuthority from Activision ?

[Hyperion]

PS : Just got it floating around the cyber space. Thought some people like me might be interested in knowing about the letter. No idea if its original version or not.

Dear Mr. Bas Timmer:

We are counsel for Activision Publishing, Inc. ("Activision"). As you know, Activision is the publisher and owner of copyright in the Call of Duty® series of computer and video games, including the games Call of Duty: Modern Warfare® 2, Call of Duty: Modern Warfare® 3, and Call of Duty: Black Ops® (collectively, "COD").

We are writing to discuss your recent activities in connection with "AlterIW" and related COD online services.

Activision has learned that you, under the alias "NTAuthority," are the founder, lead coder and developer of the COD: Modern Warfare 2 emulated multiplayer network known as AlterIW. It was our understanding that in or about November 2010, you ceased your involvement with the AlterIW network. It was Activision's expectation that you had done so because you acknowledged the unlawful nature of the AlterIW network, because you were aware of your potential liability for your past conduct, and because Activision had announced that "Call of Duty: Black Ops" would support dedicated servers, thus eliminating any conceivable justification for the AlterIW network. However, it has come to our attention that you recently have resumed your participation in the AlterIW network, and in fact have expanded the nature and scope of your activities.

Specifically, we have learned that you have been involved in coding and developing services that permit users to use unauthorized Black Ops and Modern Warfare 3 dedicated servers (AlterOps and AlterMW3), notwithstanding that both games support dedicated servers. We also have learned that you are developing an emulated "Call of Duty" social network that directly appropriates the concepts, functions, and features contained in Activision's proprietary network "Call ofDuty: Elite." Indeed, the AlterMW3 test site that you have been demonstrating reflects that your group apparently intends to offer many of the exact same services as "Call of Duty: Elite" and to compete with that service, using hacking tools and code that infringe our client's intellectual property.

We appreciate the sophistication of your services and recognize that you are a talented and dedicated coder. However, your activities are unlawful and are causing serious harm to Activision. Among other things, the operation of the AlterIW network and related networks infringes Activision's copyrights and violates Activision's rights under U.S. and international laws prohibiting the circumvention of access-control technology. By your conduct (and those of your colleagues, which you are contributing to), you also are inducing Activision customers to breach Activision's Terms of Service and End-User License Agreements and are engaged in acts of unfair competition under the laws of the United States and European Union. Additionally, your conduct causes immense harm to Activision, including because the AlterIW network enables individuals in possession of pirated copies of our client's games to participate in the multiplayer game, thereby facilitating and inducing piracy of Activision's products. As you know, the "Call of Duty" franchise is extremely important to Activision, and Activision cannot tolerate the appropriation of in intellectual property in this manner. However, in an effort to informally resolve this matter, Activision is prepared to forbear from taking legal action if you will cooperate with Activision, Specifically, you must;

immediately cease any further activity related to AlterIW, AlterOps, and AlterMW3, including any further development or implementation of the AlterMW3 social network and stat tracker

provide Activision with the source code for AlterIW, AlterOps, and AlterMW3

provide Activision with all locations at which the AlterIW, AlterOps, and AlterMW3 code and software are stored

Should you refuse to do so, then Activision is prepared to enforce its rights in any manner it deems necessary. We trust that you will seriously consider the matters raised in this letter and carefully weigh the consequences of your refusal to cooperate and comply with Activision's demands. Please contact me to discuss the foregoing at your earliest convenience, but in no event later than the close of business on Monday, March 12, 2012. Please note that nothing contained in this letter is intended to, nor shall it constitute, a waiver or relinquishment of any rights, claims, defenses, or causes of action possessed by Activision, all of which expressly are reserved.

Sincerely,

Marc E. Mayer

of

MITCHELL SILBERBERG & KNUPP LLP