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Legal:DMCA/Texas Instruments

From Wikimedia Foundation Governance Wiki

September 25, 2009

To:Mike Godwin or Sue Gardner, Designated Agent

Wikimedia Foundation

c/o CT Corporation System

818 West Seventh Street

Los Angeles, California 90017

Re:Illegal Offering of Material to Circumvent TI Copyright Protections

VIA: email to Mike Godwin

It has come to our attention that the web site http://en.wikipedia.org/wiki/Texas_Instruments_signing_key_controversy, contains material and/or links to material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”). This letter is to notify you of these unlawful activities and to demand that you remove any whole or partial reproductions of these unlawful materials in your possession custody and/or disable links to the following:

The discussion entitled Texas Instruments signing key controversy located at the following URL
http://en.wikipedia.org/wiki/Texas_Instruments_signing_key_controversy .

Texas Instruments Incorporated ("TI") owns the copyright in the TI-92 Plus, TI-73, TI-89, TI-83 Plus, Voyage 200, TI-89 Titanium and TI-84 Plus operating system software. The TI-92 Plus, TI-73, TI-89, TI-83 Plus, Voyage 200, TI-89 Titanium and TI-84 Plus operating systems use encryption to effectively control access to the operating system code and to protect its rights as a copyright owner in that code. Any unauthorized use of these files is strictly prohibited.

http://en.wikipedia.org/wiki/Texas_Instruments_signing_key_controversy is distributing or providing links to information, technology and or means whose purpose is to circumvent TI’s technology controlling access to this work (the “Circumvention Measures”). By circumventing the technology controlling access to TI’s copyrighted work and by providing copies of and/or offering links to such technology, http://en.wikipedia.org/wiki/Texas_Instruments_signing_key_controversy has violated the anti-circumvention provisions of the DMCA at 17 U.S.C. §§ 1201 as well as other laws. .Accordingly TI demands that all of these circumvention measures immediately be removed and/or all links to them be disabled. We further more demand that you preserve all documents relating to any and all efforts to circumvent the technology controlling access to TI’s copyrighted works, including but not limited to all emails and other communications with any persons about the foregoing, all copies logs of every computers used in connection with these activities [etc.].

Please confirm to the undersigned in writing no later than 5:00PM on September 25, 2009 that you have complied with these demands. You may reach the undersigned by telephone at redacted or by email at redacted. TI reserves all further rights and remedies with respect to this matter.

I hereby confirm that I have a good faith belief that use of the unlawful Circumvention Measures in the manner complained of in this letter is not authorized by the copyright owner, its agent, or the law, that the information in this letter is accurate, and that, under penalty of perjury, I am authorized to act on behalf of TI, the owner of the exclusive rights in the TI-92 Plus, TI-73, TI-89, TI-83 Plus, Voyage 200, TI-89 Titanium and TI-84 Plus operating system software that are allegedly misappropriated using unlawful methods.

Texas Instruments Incorporated

Herbert W. Foster

Manager, Business Services

Education Technology Group