In 2000, I almost got sued by Sun Microsystems.In February/March of 2000, I discovered some engineering drawings for an upcoming Sun system using the search engine on Sun's web site. I downloaded these files and posted them to the "Rumor Mill" section of sunhelp.org. This is the story of what happened next. The letter I got from Sun:(any typos are my fault)[SUN [TM] LOGO] Sun Microsystems, Inc. 901 San Antonio Road, M/S SJC02-307, Palo Alto, CA 94303-4900 VIA FEDERAL EXPRESS March 28, 2000 Mr. William Charles Bradford II (aka Bill Bradford) [address removed] [return address removed] Re: Sun Microsystems, Inc - SunHelp.org website Dear Mr. Bradford, I am an Assistant General Counsel at Sun Microsystems, Inc. ("Sun"). Through the website, "SunHelp.org", it appears that you are: (i) illegally publishing and duplicating Sun Proprietary/Confidential documents; (ii): illegally disseminating Sun Proprietary/Confidential Information to third parties; and (iii): violating Sun's Trademark rights by using the SunHelp name and a logo similar to the Sun corporate logo in connection with the marketing of your services and products through this website. This may also be occuring at other websites that you may own, or are asssociated with, and these websites are: http://www.mindspring.com/~dwarfie http://www.workstations.org http://www.pdp11.org http://www.mrbill.net First and foremost, unauthorized duplication of Sun's confidential/ Proprietary documents constitutes copyright infringement and is punishable in a federal criminal action pursuant to 17 U.S.C., Section 506 (a) by a fine of up to $250,000.00 and imprisonment for up to five years. In addition, federal civil penalties provided in 17 U.S.C., Section 504 allow the recovery of actual damages based upon the number of copies produced, or statutory damages. Where the copyright owner proves that the infringement was willful, the court has discretion to increase the award of statutory damages up to $100,000 for each copyrighted work that has been infringed. Further, 17 U.S.C., Section 505 provides for the recovery of attorney's fees by the prevailing party. In this case, there is little question that your actions are nothing but willful. Your admission on your website verifies this conclusion. Your admission reads: "(NOTE: the .PDF files above are marked "Sun Proprietary/Confidential - Need to Know", so expect them to be yanked as soon as someone from Sun realizes that [ break for page 2 ] they're accessible from the outside world. I've got a local mirror of the files here, but will have to remove them if someone from Sun asks me to.)" In addition to committing copyright infringement, you have also clearly violated Sun's trade secrets by publishing, disseminating, and allowing third parties access to Sun Proprietary/Confidential information. Furthermore, as I am sure that you are aware, Sun has well-established trademark rights in the "SUN" name and logo. Sun has spent a significant amount of time and money promoting itself and its various products, technologies, and services with which it uses its Sun marks. As a result, Sun has developed considerable worldwide customer recognition and goodwill associated with its Sun marks. In addition, Sun has reigstered or applied to register the Sun mark and other Sun-based marks worldwide. Thus, products and services bearing Sun marks are understood to be from Sun or are sponsored, approved, or endorsed by Sun. Your use of our Sun marks appears to violate our Sun Trademark Guidelines. In addition, your use of the Sun marks may cause consumers to be confused as to the source of your services and web site, or may suggest that Sun has, in some way sponsored or is affiliated with your services or web site. Sun will not tolerate any conduct that violates its trademark rights. Please be advised that, while Sun does not favor litigation, Sun is fully prepared to pursue all of its civil remedies in this matter if it is not resolved to Sun's satisfaction. We demand that you immedately: (i) return all Sun materials to us; (ii) agree to never knowingly violate any of Sun's trade secrets or copyright or trademark rights; and (iii) revise your web site (or web sites) so that they do not violate Sun's trademark rights. We would appreciate receiving your written confirmation that you will agree to these three points by no later than April 10, 2000. If you would like to discuss this matter further, please feel free to call me at [number removed]. Thank you in advance. Very Truly Yours, Gerald Karczewski Assistant General Counsel, Microelectronics, a business unit of Sun Microsystems, Inc. cc: Michael Gallagher, Vice President, Marketing David Farrell, General Counsel
My response:March 30, 2000 Bill Bradford [address removed] Gerald Karczewski Assistant General Counsel, Microelectronics Sun Microsystems, Inc. 901 San Antonio Road Palo Alto, CA 94303 [email address removed, he was getting mailbombed by fans of my site] Dear Mr. Karczewski, This email is in response to both your letter (delivered via Federal Express) and our telephone conversation (held at approximately 2:40pm Central Standard Time, March 30th, 2000) with regards to my web site, located at http://www.sunhelp.org. First and foremost, is the issue of Sun proprietary/confidential documents with details about the Sun product code-named "topdog", which were publicly available via the WWW.SUN.COM website and discovered by using the search engine on that site. The files in question were located at the following URLs on or around February 22nd, 2000: http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_block.pdf http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_ATXrear.pdf http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_board.pdf http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_Airflow.pdf http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_2Urear.pdf http://www.sun.com/microelectronics/SPARCengineUltraAXe/docs/Topdog_power.pdf The references/links on my web site ("www.sunhelp.org") to these documents, and the local mirror copies of those documents on my web site, have been removed. In fact, the entire "Rumor Mill" section of my web site has been removed and shut down permanently, and will not be re-established. You have my word that no further content like this (Sun proprietary/ confidential information) will be knowingly posted to my web site in the future, regardless of its origin or public availability status. Second, is your concern that some of the other web sites that I run might contain Sun proprietary/confidential information and/or files. I'll go down the list of sites, one-by-one, and explain what each is used for. http://www.mindspring.com/~dwarfie - I have nothing to do with this site; it appears to be a list of Solaris x86 resources provided by "Alan Orndorff", and only contains a hyperlink to the page at www.sunhelp.org. I do not host this site, nor control any of the content. http://www.workstations.org - I run this site. It is a general "UNIX Workstation information" site, with links to information and resources for all major brands of computers that run UNIX or UNIX-like operating systems. The only Sun-related information on these pages is a link back to the page at www.sunhelp.org, along with pointers to Sun's "Free Solaris" program, Sun's homepage itself, and Sun's online documentation resources at http://docs.sun.com. http://www.pdp11.org - This site is dedicated to preserving information about DEC/Digital's (now Compaq) series of 16-bit PDP-11 minicomputers that were produced from 1970 to 1990. There is nothing relating to Sun at all on this page. http://www.mrbill.net - This site is my personal web page. The only Sun-related information on this site is a link to the SunHELP page, and a page describing the Sun hardware that I personally own. I believe these explanations should clear up any concerns you have about the above web sites. Third, is the issue of trademark violations with regards to the logo for the SunHELP site and the site name itself. I believe that I had sufficient disclaimers/trademark notifications up on the site in the past to satisfy any requirements Sun might have had, and make sure that visitors to the site were aware that it is not sponsored, endorsed, or represented Sun Microsystems, Inc. in any way. You can see the disclaimer that is on the site (and largely unchanged for the past 3 years) at this URL: http://www.sunhelp.org/copyright.php3 I will be revising this copyright and trademark notice as necessary in the next few hours per the guidelines outlined on the web page located at http://www.sun.com/policies/trademarks/. As of this morning, I have also placed on the top of every page at the site, in large yellow and white lettering, the following statement: THIS SITE DOES NOT REPRESENT SUN MICROSYSTEMS, INC IN ANY WAY. SUN MICROSYSTEMS, INC. DOES NOT SPONSOR, APPROVE, OR ENDORSE THE CONTENT OF THIS WEB SITE. As for your concern that the SunHELP logo too closely resembles the Sun Microsystems, Inc. logo, that logo, formerly located at http://www.sunhelp.org/images/sunhelp-purple-small.png, has been replaced on all pages with a simple yellow rectangle with the words "SUNHELP.ORG" in black text. I believe that this is different enough from the Sun logo that there will be no risk of customer confusion. I have also changed any purple or "Sun Blue" parts of the web site to yellow and black. During our telephone conversation, you asked if I intended to change the name of the SunHELP web site. I believe that that won't be necessary, given that I've made a more than adequate effort (changing the logo, colors, putting the large-lettered disclaimer on every page, and updating the copyright/trademark dislcaimer as needed) to make sure that visitors to the site know that the content provided is not sponsored, approved, or endorsed by Sun Microsystems, Inc. in any way, shape, fashion, or form. Another note should be that the site is a .ORG - run as a non-profit entty, as opposed to the .COM extension on all Sun-sponsored sites (www.sun.com, www.sunfreeware.com, etc). In addition, changing the name of the site would be considerably difficult, not only for myself, but for the more than 1000 people who currently subscribe to informative information-exchange mailing lists that are hosted on the site, as well as people who use the web site every day (more than 1.8 million hits since June 23rd, 1999 - see http://www.sunhelp.org/stats for current web site statistics). On a side note, after America Online, the next SIX top visitors to my site are Sun web proxy servers, indicating a high amount of use of the site by Sun Microsystems employees themselves: ariel.sun.com dollar.usec.sun.com lobuje.sun.com hebrides.eu.sun.com saturn5.sun.com boron.eu.sun.com Renaming/moving the site would inconvenience a number of Sun employees as well, it seems. I've had the site up under the SUNHELP.ORG domain name for the past two years, with lots of visitors (Sun personnel included), and no one has expressed concern about the domain name until now. I believe that the actions I have taken, as well as this letter, should address all of your concerns as outlined to me via your letter of March 28th, and during our telephone conversation March 30th. If you have any further questions/comments/requests, please feel free to contact me at home, telphone number
After a couple of weeks, we came to an agreement and I posted this on the web site:I'm happy to announce that I have amicably resolved my situation with Sun regarding Sunhelp.org. The site will function much like it has in the past, but in a manner that protects Sun's trademarks. In fact, although I will continue to operate independently of Sun, Sun has offered to help me provide you with better information about Sun and its products. I am pleased with the outcome and the manner in which this situation was resolved. I now consider this matter closed. I received the following statement from Marc Tamres, manager of the Solaris Community Portals on behalf of Sun:
Postscript - January 2010:Not long after this whole matter was settled, my contacts at Sun arranged for me to receive a nicely-equipped (refurbished) Sun Ultra 10 workstation. It became my primary system at home for the next couple of years. The hostname? I just had to make it "sosumi". I ran into Mr. Karczewski a few years later when I was part of the external pre-release tester group for Solaris 10. We had a good laugh about the whole incident. |