Dear Mr. McGuire:
I am writing on behalf of our Capitol Records label.
It has recently come to our attention that you have been offering for
download, on your website http://www-personal.umich.edu/~bmcguir/mp3.html,
copies of sound recordings containing the performances of Radiohead
that are owned or controlled by Capitol Records. Specifically, you have
posted on your website copies of the sound recordings entitled "2+2=5,"
"Sit Down, Stand Up," "Sail to The Moon," "Backdrifts,"
"Go to Sleep" "Where I End and You Begin," "We
Suck Young Blood," "The Gloaming," "There There,"
"I Will," "A Punch-Up At A Wedding," "Myxomatosis,"
"Scatterbrain," and "A Wolf At The Door" performed
by Radiohead.
We hereby demand that you:
1. cease and desist immediately upon receipt of this
e-mail from offering for download the aforementioned recordings; and
2. provide me with:
(i) the name, address, telephone number, and e-mail
address of the person or company from which you received or purchased
the CDs or MP3s from; and
(ii) a representation that all unauthorized activity
with respect to the MP3s ceased upon receipt of this e-mail and will
not be resumed in the future; and
3. Return the CDs or MP3s to me forthwith.
Please immediately confirm that you will comply with
these demands. Unless we hear from you by Thursday, April 3, 5:00 p.m.
EDT, Capitol intends to pursue its other remedies.
This is written without prejudice to any of our rights
or remedies, all of which are expressly reserved.
Sincerely yours,
David Helfer, Esq.
EMI Recorded Music, North America
150 Fifth Avenue
11th Floor
New York, NY 10011
Office: (212) 786-8107
Fax: (212) 786-8133