November 16, 2005

Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA

Sent via: by fax
Re: Our ref: AKH/Legal/MC3 C6

Dear Sirs

http://groups.google.co.uk/group/uk.tech.digital-tv/msg/bf744917ce6eabd2
Message-TD:

We confirm that BBC Litigation Department are instructed to act on behalf of the BBC. We confirm that the information given in this notification is accurate and that the BBC is the relevant rights holder for the purposes of this notification.

The above posting on your Google Group discussion board provides detailed instructions on how to circumvent the Digital Rights technology embedded in BBC television programmes which are available for download as part of a user trial in the UK. The BBC television programmes include EastEnders, Bleak House and a variety of other programmes in which the BBC owns the copyright. These instructions enable internet users to make unauthorised copies of the BBC's copyright material by circumventing the DRM technology which is intended to prevent illegal file sharing 4n the interne and the retention of material beyond the 7 day licence period. The publication of this information is an infringement pursuant to s296 Copyright, Designs and Patents Act 1988. This section applies to the publication of information which is intended to assist or enable persons to remove or circumvent copy protection devices and provides that any such publication amounts to infringement. Under that section the BBC is entitled to bring infringement proceedings against anyone who publishes such information, which would include Google.

We have already written to your Legal counsel in the UK on 14th November 2005 to put Google on notice of this infringement and we understand that letter has been forwarded to the relevant Google Group in the USA. We have received no response from Google Groups in the USA and the above material remains posted on your website. The BBC has been informed that, under your policy, you require formal notice under the USA legislation, the Digital Millenium Copyright Act, and we hereby provide that notice. We confirm that we have good faith belief that the publication of this material via the above webpage has not been authorised by the copyright owner, its agent or the law.

Unless this material is removed immediately it will be necessary for the BBC to consider making an application in the UK for an injunction against Google to cease and desist this publication, the full costs of which we will be seeking to recover from you. The BBC would also be entitled to recover damages. Full contact details of this department are given above and we look forward to hearing from you that this material has been removed.

Yours faithfully
[signature]
BBC Litigation Department

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