UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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MICROSYSTEMS SOFTWARE, INC., a Massachusetts corporation,
and MATTEL, INC., a Delaware corporation,
Plaintiffs,
vs.
SCANDINAVIA ONLINE AB, a Swedish corporation; ISLANDNET.COM, a Canadian corpora
tion; EDDY L. O. JANSSON, a Swedish citizen; and MATTHEW SKALA, a Canadian citi
zen,
Defendants.
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CIVIL NO.
VERIFIED COMPLAINT
INTRODUCTION
Plaintiffs Microsystems Software, Inc. and Mattel, Inc. (together, "Mic
rosystems") develop, market, and license the "Cyber Patrol" software program, w
hich is designed to filter out certain designated material on the Internet. De
fendants Eddy L. O. Jansson and Matthew Skala ("Jansson and Skala") willfully a
nd knowingly violated the copyright laws (17 U.S.C. §101 et. seq.) and wrongful
ly converted Cyber Patrol, by reverse engineering the software, developing sour
ce code and binaries to bypass its protections and then posting that bypass inf
ormation on the Internet in downloadable form. Jansson and Skala bragged about
their unlawful conduct in a March 11, 2000 press release that they circulated
widely on the Internet, including through web sites in Massachusetts and elsewh
ere in the United States. Defendants Scandinavia Online AB ("Scandinavia Onlin
e") and Islandnet.Com ("Islandnet") host Jansson's and Skala's Web sites that c
ontain links to download the illegally-created source code and binaries.
Microsystems seeks in this action, among other things, immediate injunc
tive relief ordering defendants to take down Jansson's and Skala's Web-site lin
ks posting the Cyber Patrol bypass source code and binaries, and to enjoin defe
ndants from further disseminating such information. The need for injunctive re
lief is critical: (1) Microsystems will prevail on the merits of their copyrig
ht and other claims; (2) without injunctive relief, Microsystems will continue
to suffer irreparable harm; and (3) no public interest is served by defendants'
continued distribution of illegally-produced source code and binaries to bypas
s Cyber Patrol, which program is designed to otherwise prevent sexually explici
t or other inappropriate material from getting into the hands of children.
PARTIES
1. Plaintiff Microsystems Software, Inc. is a Massachusetts corporatio
n with its principal place of business at 600 Worcester Road, Framingham, Massa
chusetts. Microsystems is the developer and distributor of the Cyber Patrol so
ftware program, which is the most widely-used Internet filtering software. Ame
rica Online uses Microsystems' technology for its parental controls and hundred
s of thousands of families have purchased Cyber Patrol software to help protect
children from Web sites such as those that advocate violence or hate, or post
sexually explicit content meant for adults.
2. Plaintiff Mattel, Inc. is a Delaware corporation with its world hea
dquarters and principal place of business in El Segundo, California. Mattel ow
ns Microsystems.
3. Defendant Eddy L. O. Jansson is an individual who, upon information
and belief, resides in Sweden.
4. Defendant Matthew Skala is an individual who, upon information and
belief, resides in British Columbia, Canada.
5. Defendant Scandinavia Online AB is, upon information and belief, a
Swedish company. Scandinavia Online's own Web site identifies its mailing addr
ess as Box 1388, S-111 93 Stockholm, Sweden. Scandinavia Online hosts Jansson'
s Web site.
6. Defendant Islandnet.Com is, upon information and belief, a Canadian
company. Islandnet's own Web site identifies a mailing address of 1412 Quadra
Street, Victoria, British Columbia V8V 2L1, Canada. Islandnet hosts Skala's W
eb site.
JURISDICTION 7. This Court has original jurisdiction over this action pursu
ant to 28 U.S.C. § 1331. This Court also has jurisdiction over this case under
28 U.S.C. §§ 1332 in that there is diversity of citizenship between the partie
s and the amount in controversy exceeds $75,000.
FACTS
8. Microsystems develops, markets and licenses Cyber Patrol software,
which is designed to filter sexually explicit or other materials not appropriat
e for children (e.g. material advocating drugs, violence, bombmaking, cults, et
c.) posted on the World Wide Web. Microsystems holds registered copyrights in
the Cyber Patrol software program.
9. The Cyber Patrol license agreement expressly prohibits reverse engi
neering or decompiling the software:
This is a legal agreement between you (either as an individual or an entity) an
d Mattel, Inc. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY T
HE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT
, AND YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY UNINSTALL THE SO
FTWARE FROM YOUR HARD DRIVE OR RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS
) TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
COPYRIGHT. All intellectual property rights in the Software (including all ani
mations, audio, images, maps, music, photographs, video, and text incorporated
into the Software) are owned by Mattel, Inc. and its affiliates, suppliers, and
licensors, and are protected by United States copyright laws and international
treaty provisions . . . You may not reverse engineer, decompile, or disassembl
e the Software, except to the extent that this restriction is expressly prohibi
ted by applicable law.
(emphasis added).
10. Jansson and Skala obtained a copy of Cyber Patrol software either
by piracy or under the Cyber Patrol license agreement.
11. Piracy of the Cyber Patrol software by use of an unlicensed copy v
iolates copyright law.
12. Even if Jansson and Skala lawfully obtained a copy of Cyber Patrol
, they admit that they then reverse engineered the software, which is expressly
prohibited by the Cyber Patrol license agreement.
13. Such reverse engineering violates copyright law.
14. Thereafter, again by their own admission, Jansson and Skala used t
he information they obtained by reverse engineering the Cyber Patrol software t
o develop source code and binaries that enable a user to bypass the protections
built into the Cyber Patrol software program (the "Bypass Code").
15. Jansson and Skala then posted links on their respective Web sites
to enable Internet users to download the Bypass Code.
16. On March 11, 2000, Jansson and Skala issued a press release braggi
ng that they had reverse engineered the Cyber Patrol software and announcing th
at they had posted Bypass Code on Jansson's Web site. Skala's Web site posted
links to Jansson's Web site. In their press release, Jansson and Skala express
ly admitted to reverse engineering the Cyber Patrol software:
CyberPatrol(R)4, a "censorware" product intended to prevent users from accessin
g undesirable Internet content has been reverse engineered by youth rights acti
vists Eddy L. O. Jansson and Matthew Skala. . . . A detailed report of their f
indings, titled, "The Breaking of Cyber Patrol(R)4", with commentary on the rev
erse engineering process and cryptographic attacks against the product's authen
tication system, has been posted on the World Wide Web . . . A package of sour
ce code and binaries implementing the attacks is included.
(A redacted copy of the press release is attached as Exhibit A)1.
17. Jansson and Skala then forwarded their press release via E-mail to
individuals and organizations throughout the United States and the world, incl
uding web-hosting services in Acton, Massachusetts, Minnesota and Washington.
18. The practical effect of Jansson's and Skala's conduct is that, thr
ough links posted on Jansson's and Skala's Web sites, children may obtain the B
ypass Code and thereby defeat parents' efforts to screen inappropriate material
.
19. From a commercial perspective, Microsystems has suffered and conti
nues to suffer immediate and irreparable harm through the violation of its copy
rights as well as the distribution of the illegally-created Bypass Code designe
d to render the Cyber Patrol software program worthless.
COUNT I
(Copyright Infringement against Jansson and Skala)
20. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-19 above.
21. Jansson's and Skala's reverse engineering of the Cyber Patrol soft
ware program constitutes knowing, intentional and deliberate violation of Micro
systems' copyrights.
22. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
COUNT II
(Copyright Infringement Against Islandnet and Scandinavia Online)
23. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-22 above.
24. Islandnet's and Scandinavia Online's posting of material obtained
and created in violation of Microsystems' copyrights also violates Microsystems
' copyrights.
25. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
COUNT III
(Breach of Licensing Agreement against Jansson and Skala)
26. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-25 above.
27. To the extent that Jansson and Skala properly obtained a copy of t
he Cyber Patrol software program, Jansson and Skala breached the express terms
of the Cyber Patrol licensing agreement.
28. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
COUNT IV
(Interference with Advantageous Business
Relations against Jansson and Skala)
29. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-29 above.
30. Defendants Jansson and Skala intentionally or recklessly interfere
d with Microsystems' relationships with third party users of Cyber Patrol.
31. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
COUNT V
(Conversion against Jansson and Skala)
32. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-31 above.
33. Defendants Jansson and Skala tortiously and unjustifiably converte
d Cyber Patrol for their own use.
34. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
COUNT VI
(Theft of Trade Secrets against Skala and Jansson)
35. Microsystems repeats, realleges and incorporates by reference here
in the allegations set forth in paragraphs 1-34 above.
36. The Cyber Patrol software program constitutes and contains proprie
tary and confidential trade secrets owned by Microsystems.
37. By reverse engineering the Cyber Patrol software program, Jansson
and Skala stole such trade secrets and used them for their own use without Micr
osystems' permission.
38. As a result, Microsystems has suffered and continues to suffer dam
ages and irreparable injury.
WHEREFORE, Plaintiffs respectfully request that this Court:
A. Issue a temporary restraining order, and preliminary and permanent
injunctions ordering defendants, their employees, agents and assigns to take do
wn the links posted on Jansson's and Skala's Web sites to the Cyber Patrol bypa
ss source code and binaries, and to enjoin defendants from further disseminatin
g such information.
B. Enter judgement in favor of Plaintiffs on Counts I-VI in an amount
to be determined at trial.
C. Impose penalties for willful violation of the copyright laws.
D. Order such further relief as the Court deems just and proper.
PLAINTIFFS HEREBY REQUEST A JURY ON ALL ISSUES SO TRIABLE.
Microsystems Software, Inc.
and Mattel, Inc
By their attorneys,
_______________________________
__
Irwin B. Schwartz BBO#548763
Joel G. Beckman BBO#553086
Laura N. Kling BBO#638313
SCHWARTZ and NYSTROM, LLC
419 Boylston Street
Boston, Massachusetts 02116
(617) 421-1800
(617) 421-1810 (fax)
Dated: March 15, 2000
VERIFICATION
David McEvoy hereby states:
1. I am Vice President and Assistant General Counsel for Mattel, I
nc. and Microsystems Software, Inc.
2. I have read the foregoing complaint, which I declare to be true
and correct to the best of my knowledge, information and belief.
SWORN TO UNDER THE PAINS AND PENALTIES OF PERJURY UNDER THE LAWS OF THE
COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES.
Executed on March 15,2000 at El Segundo, California.
David McEvoy
1The offending web site address is redacted herein to prevent further irreparab
le harm, but will be provided in camera.