HTC sends ROM website cease and desist letter

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HTC has sent a cease and desist letter to ROM website shipped-roms.com. The letter states that HTC’s intellectual property is being violated due to the “illegal copying of  [...] original art work.” Shipped ROMS, which is only about two months old, has managed to accumulate a vast library of HTC and BlackBerry ROMs; some of which belong to unreleased handsets. The site has said they will “do what they can” to keep the lights on. We’ve got the full text of the letter after the bounce.

[Via Mobile Crunch]

From: XXXXXXXXX
Sent: Thursday, June 17, 2010 2:50 PM
To: ‘request@shipped-roms.com’
Cc: XXXXXXXXXX
Subject: Cease and Desist Letter of HTC ROMs posted on your website
Importance: High

Dear Sir or Madam:

I write to you on behalf of HTC Corporation (“HTC”), a Taiwanese company with a global business, who is the owner of certain intellectual property (“HTC’s Intellectual Property”). It is our understanding that you are responsible for the hosting of an internet webpage located at http://shipped-roms.com (the “Site¡¨). HTC has also recently learned that the Site contains software/ROM related to HTC’s Intellectual Property which entails illegal copying of HTC’s original art work.

We have very strong reasons to believe that the HTC Intellectual Property was illegally obtained by fraudulent means. The subject dissemination and publication of HTC’s Intellectual Property is in clear violation of HTC’s legal rights and is an infringement of the HTC’s copyrights, goodwill, as well as the other intellectual rights. The continuing distribution of HTC’s Intellectual Property without authorization has constituted a serious criminal offence under the Copyright Act in the U.S. and the EU and other countries where similar laws are enforced.

As you would expect, HTC is the owner and the use of the copyrighted work described above has not been authorized by the owner. By publishing and displaying the Intellectual Property on the Site, you, as the publisher, along with the information source are infringing HTC’s Intellectual Property rights, including but not limited to causing HTC irreparable harm.

For the above reasons, HTC requests that you immediately remove the Intellectual Property from the Site or of all infringing works derived from the Intellectual Property. You shall desist from this or any other infringement of HTC’s rights in the future.

The above information is true and correct. If we have not received an affirmative response from you within two weeks indicating that you have fully complied with these requirements, we shall take further legal action, and pursue all means necessary to protect HTC’s legal and equitable rights. HTC reserves all its rights against you, including legal and equitable remedies.

Best regards,
Legal Counsel

HTC Corporation
No.23, Xinghua Rd.,
Taoyaun City, Taoyuan County 330, Taiwan
Tel: +886-3-375-3252 Ext.6157

CONFIDENTIALITY NOTE : The information in this e-mail is confidential and privileged; it is intended for use solely by the individual or entity named as the recipient hereof. Disclosure, copying, distribution, or use of the contents of this e-mail by persons other than the intended recipient is strictly prohibited and may violate applicable laws. If you have received this e-mail in error, please delete the original message and notify us by return email or collect call immediately. Thank you. HTC Corporation

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