David K. Caplan, Esq. BAKER & HOSTETLER LLP 9150 Wilshire Blvd., Suite 205 Beverly Hills, CA 90212-3411 (310) 385-7500 Fax (310) 385-7520 December 3, 1998 VIA U.S. MAIL AND ELECTRONIC MAIL "Simon Bar Sinister" simon@galaxy.net Re: UNAUTHORIZED USE OF TIME WARNER ENTERTAINMENT COMPANY, L.P.'S AND DC COMICS' PROPERTIES OUR REF. NO.: WB1895 Dear Sir: This letter is being written to you on behalf of Warner Bros., a division of Time Warner Entertainment Company, L.P., and DC Comics (hereinafter collectively "Warner"). Warner and its related entities are the owners in the United States of all rights to the Babylon 5, Wonder Woman, Batgirl, Catwoman, and Supergirl characters (hereinafter the "Warner Characters"), including all copyrights, trademark, and other intellectual property rights (hereinafter referred to as the "Warner Copyrighted Works and Trademarks"). No one is authorized to reproduce, transmit, copy, or otherwise utilize the Warner Copyrighted Works and Trademarks without the express written permission of Warner. Warner has recently learned that your site located at contains unauthorized copies and/or derivative copies of the Warner Copyrighted Works and Trademarks, as well as erotic fiction based on the Warner Characters. Warner is concerned about your use of its Copyrighted Works and Trademarks in pornographic contexts and is particularly concerned that the public is likely to believe that your depictions of its characters, actors and programs are in some way authorized, sponsored by, or affiliated with Warner. In addition, Warner is concerned that your use of its Copyrighted Works and Trademarks in sexual situations dilutes its rights in the Warner Copyrighted Works and Trademarks and threatens to damage the goodwill generated by its reputation as a provider of respectable and responsible programming. Warner hereby demands that you and all those who have acted in concert with you immediately cease any copying, transmission, or other utilization of any of its protected intellectual property, including any use of the Warner Copyrighted Works and Trademarks, and that you delete from your site or other sites operated by you all of the aforesaid properties of Warner. Should you not immediately do so, Warner expressly reserves all of its rights to file a lawsuit against you to obtain both damages for all past acts of infringement and an injunction to prevent any future infringement. If we do not receive your written confirmation before the close of business on December 18, 1998, that you have complied with these demands, we will advise Warner to take such action against you as it may deem appropriate. The account from which this e-mail message was sent to you does not accept incoming e-mail. To contact me, please write to the address listed at the top of this letter. This letter is not a complete statement of Warner's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defenses of Warner in connection with this matter, all of which are expressly reserved. Very truly yours, /s/ David K. Caplan for BAKER & HOSTETLER LLP DKC: aml cc: Warner Bros. DC Comics G:\IP\75580\00030\C&D\MCSTORIES-E.DOC