On the eve of TheWrap's annual Oscar party, Mail.com Media Corp. sent us a strangely worded cease and desist letter.
The letter asks TheWrap to cease and desist from reporting the news. While Mail.com claims that TheWrap is misappropriating its content, it gives no examples of TheWrap having done so.
We're happy to share this letter with our readers:
February 22, 2011
Re: Mail.com Media Corporation v. the Wrap News, Inc. d/b/a The Wrap.com
CEASE AND DESIST: THEWRAP.COM
Dear Messers Davis, Choi and Koones:
This firm represents Mail.com Media Corporation (“MMC”), the owner of the website www.deadline.com (“Deadline.com”). It is our understanding that the Wrap News, Inc. (“WNI”) owns and operates www.thewrap.com (“TheWrap.com”). I am contacting you because it has become apparent that TheWrap.com and its employees have engaged in a continuous pattern of misappropriating content from Deadline.com, publishing that information on TheWrap.com, passing off that information as its own, and doing so without compensating or even crediting Deadline.com. In many instances, TheWrap.com’s misappropriation involves the wholesale copying of substantial portions of articles posted on Deadline.com. While I want to inform you that MMC and my office intend to closely monitor TheWrap.com for any continued infringement, I also want to stress the need for WNI to implement internal policies and procedures that will discourage future infringement by TheWrap.com, and minimize WNI’s exposure to copyright infringement or “hot news” misappropriation liability.
MMC is concerned that TheWrap.com’s infringement on and theft of Deadline.com content is not an isolated incident. Rather, TheWrap.com’s copying of Deadline.com content, which has been going on for some time now, is only getting worse and is apparently becoming an institutionalized practice. As a result, both MMC and my office intend to make a concerted effort to monitor the TheWrap.com in order to identify and document any infringement of Deadline.com content that occurs on a going forward basis in case formal legal action becomes necessary. Rest assured, nothing will fly under our radar.
If TheWrap.com’s infringement continues, MMC intends to vigorously protect its intellectual property rights. As you probably are aware, the unauthorized copying and distribution via the internet of even portions of Deadline.com content, without the express permission of MMC, constitutes copyright infringement in violation of Title 17 U.S. Code, Section 106(a) of the Copyright Act of 1976. Such infringement subjects WNI to damages and injunctive relief. Moreover, based on what is undoubtedly willful infringement of MMC’s rights under 17 U.S.C. Section 101 et seq., WNI could be liable for statutory damages as high as $150,000 for each act of infringement as set forth in Section 504(c)(2), as well as attorney’s fees and costs.
Even when TheWrap.com does not copy Deadline.com’s content verbatim, WNI’s misuse of Deadline.com’s exclusive and breaking stories exposes WNI to liability under California’s “Hot News” misappropriation laws. Like many other jurisdictions, California recognizes the tort of “Hot News” misappropriation. See Balboa Ins. Co. v. Trans Global Equities, 218 Cal.
