Fwd: Unauthorized use of SSA Material and www.geocities.com/Eureka /Suite/9100

--- ascalise@ssax.com wrote: 
> From: ascalise@ssax.com 
> To: Waligura@yahoo.com 
> CC: clarson@ssax.com, gnovak@ssax.com 
> Date: Wed, 8 Dec 1999 16:03:06 -0600 
> Subject: Unauthorized use of SSA Material and 
> www.geocities.com/Eureka 
> /Suite/9100 
> 
> Please be advised that I am a lawyer for System Software Associates, 
> Inc. ("SSA" 
> ). It has come to my attention that you are posting SSA proprietary 
> material 
> without our express written consent. This email constitutes a 
> written demand 
> that you immediately cease and desist from your infringing, 
> unauthorized use of 
> SSA's name, the SSA Performance Tuning Guide ("Guide") and any other 
> content 
> that may be attributable to SSA. Your unauthorized use of the SSA 
> name and 
> content violates both federal and state copyright and trademark laws.

> 
> If you would bother to read the material you post, e.g. the Guide, 
> you would 
> note that at the very beginning of the Guide, it expressly states 
> that "[This] 
> material constitutes and contains confidential and proprietary 
> information of 
> System Software Associates, Inc... No part of this document may be 
> reproduced, 
> translated, transmitted, distributed, displayed, disclosed or stored 
> or scanned 
> into a retrieval system for any purpose, in any form, or by any 
> means.... 
> without the express written permission of System Software Associates,

> Inc." You 
> do not have SSA's permission to post the Guide on your site. Only 
> customers who 
> have purchased and paid for on-going support ("OGS") with respect to 
> SSA 
> products may access this information using a protected password off 
> of the SSA's 
> OGS web site. Regardless, customers are still prohibited from using 
> the Guide 
> for any purpose (other than what is set forth in the Guide) without 
> our express 
> written consent. No customer or anyone else for that matter has 
> been given 
> written permission to post the Guide on the Internet. Your 
> unauthorized use of 
> the SSA Guide is a clear violation of federal law under the Digital 
> Millennium 
> Copyright Act of 1998. 
> 
> You also are purporting to web users that you have SSA's Y2K BMR. 
> This is in 
> fact a lie. What you have posted as our "Y2K BMR" appears to be your 
> own 
> content as it does not belong to SSA. What you have posted is not 
> our content 
> nor are we in any way affiliated with the content you have listed on 
> your site 
> as our Y2K BMR. Again, our Y2K BMR listing is only available to 
> customers who 
> have purchased and paid for OGS and who have access to the OGS web 
> site. The 
> SSA Y2K BMR changes and is updated on a daily basis. You have no 
> authority in 
> which to use the SSA name in connection with such content. As such, 
> your 
> unauthorized use of the SSA's name is a type of deceptive trade 
> practice 
> constituting trademark infringement under Section 32(1) of the Lanham

> Act, 15 
> U.S.C. > 
> §1114(1), constitutes a false designation of the original and false 
> description under Section 43(a) of the Lanham Act, 15 U.S.C. 
> §1125(a), and 
> violates state trademark and dilution statutes and common law 
> principles of 
> unfair competition and misappropriation. The public is likely to 
> mistakenly 
> believe that your use of the SSA name in connection with the content 
> posted on 
> your web page is somehow authorized or sponsored by, or is somehow 
> affiliated 
> with SSA. It is not, and we want the Guide and our name removed 
> from your site 
> immediately. 
> 
> To ensure that you cease and desist of all unauthorized use of 
> the Guide, 
> SSA name and any other SSA content on any product, advertisement or 
> in 
> connection with any web site, we demand that you and all individuals 
> or entities 
> affiliated with or an agent of: 
> 
> (1) immediately cease all use of the Guide, SSA name and 
> any other SSA 
> content; and 
> 
> (2) agree to immediately take down off your web site 
> any and all 
> references to the Guide, SSA name and other SSA content 
> and refrain 
> from any further use of the Guide, SSA name or any other 
> SSA content. 
> 
> Should you fail to remove our Guide, any SSA content and the SSA name

> from your 
> web site, we will proceed with all legal steps necessary to protect 
> our rights. 
> The first of which will be to immediately shut down your site. 
> 
> Very truly yours, 
> 
> Amy C. Scalise 
> 
> 
> 
> 
> 
> 
> 


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