Second Email Received from Elaine Lee at Sun

The following text is the contents of the third email (dated 19-Feb-2003) received from Sun on the issue of my Sun Field Engineer and System Handbook Archive. This one (like the second one) came from Elaine Lee.

The email is reproduced as accurately as possible. My reply will become available once I can locate a copy of it. 8-).

Once you have read the email that's reproduced below, please also read the notes I've written at the end of this page.



Date: Wed, 19 Feb 2003 21:34:36 -0800
From: Elaine Lee <elaine.lee@sun.com>
Organization: Sun Microsystems, Inc.
To: cdewick@lios.apana.org.au
Subject: Re: Sun confidential information on your website

Dear Mr. Dewick,

I'm writing again because I still haven't received a full response from you
regarding our request earlier this month that you stop posting Sun's
confidential information and using Sun's corporate logo ("SUN
logo").

Your email didn't mention the confidential information issue at all, and
while you did refer to the trademark issue, it appears that you mistook it
for an issue involved in an earlier discussion you had with Sun.  Let me
assure you that I was not referring to those older trademark issues (e.g.
Sun Ripened Kernels ), but a new issue involving use of the
SUN logo.  As you probably know, you can use the POWERED BY
SUN logo as long as your system is running on Sun servers, but you are
not allowed to use the SUN logo on your websites, as the SUN
logo is reserved exclusively for Sun's corporate use.

Because I haven't heard from you, I'd like to repeat my requests that
you:

+ Remove any materials marked "Sun Proprietary/Confidential" or
"Sun Confidential" on any of your websites;

+ Refrain from copying, posting, and distributing such materials now or
in the future;

+ Remove and discontinue any use of the SUN logo on your various
websites; and

+ Refrain from such use now or in the future.

Please understand that Sun is very interested in protecting its
intellectual property rights, including its trade secret and trademark
rights.  I therefore hope that we can resolve this matter as amicably as
possible, and I look forward to receiving your cooperation in this
matter as soon as possible.

Best regards,
Elaine Lee
Senior Counsel, IP Law
Sun Microsystems, Inc
4120 Network Circle, M/S USCA12-101
Santa Clara, CA  94054
tel: +1 408 404 8994

Explanatory Notes

Written by me, not Sun or their legal agents!

This was another email basically re-iterating the same demands as before. Given that I was working a stint of late PM shifts at the time I wasn't in the mood to write an involved reply to Elaine's first email.

If I am able to locate my reply to this email from Elaine it will be placed online.

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