MEMO

 

TO:        Mr. Richard J. Harrington

           President and Chief Executive Officer

 

           Mr. John Kechejian, Vice President

           Investor Relations

           The Thomson Corporation

 

           fax:  (416) 360-8812

           fax:  (203) 328-9408

           fax:  (203) 977-8354

 

FROM:      Paul Andrew Mitchell, B.A., M.S.

           Private Attorney General

 

DATE:      July 7, 2001 A.D.

 

SUBJECT:   Interstate Racketeering and

           Criminal Copyright Infringement

 

 

Gentlemen:

 

Further investigation into the criminal conduct of Mr. Jason Scott, affiliated with Thomson Financial Services in Medford, Massachusetts, reveals credible evidence that he has recently attempted to cripple our Internet server with a robotically generated deluge of client computer requests.

 

Attached please find a few pages from our server activity log for the period of July 1-7, 2001 A.D.  Please begin by examining the table headed “Daily Statistics for July 2001”.  You will note that daily hits increased from 2,610 on July 4, to 17,001 on July 5, and then to 92,235 on July 6, 2001, A.D.  It was the obvious and unusual increase in activity that prompted us to investigate further.

 

In the table headed “Top 30 of 355 Total Sites”, we observe 30,553 total hits by Hostname “cache.cow.net”.  This domain has now been directly linked to Mr. Jason Scott.  All of these hits occurred during the past 72-hour period.

 

In the table headed “Top 10 of 355 Total Sites By Kbytes”, we again observe 30,553 hits by Hostname “cache.cow.net”.  Please also take careful note that this same Hostname has requested 178,660,000 bytes (one hundred seventy-eight million) during the same brief period.

 

Of even greater concern to us is that the same tables appear to indicate Mr. Jason Scott has an accomplice in Sweden.  Please examine the lines immediately above “cache.cow.net”, where you will find Hostname “as4‑6‑3.sp.m.bonet.se”.  The standard Internet suffix for Sweden is “.se”.

 

We believe the suspect in Sweden is Mr. Tore Nostenius, who is affiliated with Internet domain ALGONET.SE and employed at a company called Synchron Data in Stockholm, Sweden.  We have already had prior contact with Mr. Nestenius, who has now admitted, in writing, that he has been selling my intellectual property on a CD-ROM ‑‑ without my permission.

 

Another distinct pattern, to which I wish to draw your attention, is the table headed “Top 30 of 6875 Total Referrers”.  Given the huge increase in the number of recent requests for files such as “sitemap.htm”, “index.htm”, “index2.htm”, index3.htm”, and “index4.htm” on our website, is it obvious that Jason Scott and Tore Nostenius have run “robot” programs to make frequent, programmatic requests for the largest files they could find at our website.

 

We are forced to conclude that these 2 men are technologically coordinated and criminally motivated to cripple our website server, by overloading it with a high frequency of programmatic requests for the largest files they could find there.

 

On the subject of damages, I respectfully request you to consider the financial impact your company would suffer, if you were found vicariously liable for racketeering and criminal copyright infringement, in violation of the Racketeer Influenced and Corrupt Organizations Act at 18 U.S.C. 1961 et seq.

 

You may be interested to know that our Congress recently added criminal copyright infringement to the list of predicate acts which constitute racketeering activity and conspiracy to engage in a pattern of racketeering activity.

 

It would not be at all unusual for an American jury to award damages approximating $100 per deliberate robot “hit” on our website.  This would result in damages of 30,553 x $100 U.S.  =  $3,055,300.  Both the Lanham Act and the Civil RICO laws carry separate triple damage multipliers.  Your damages could easily equal SEVEN TIMES this amount, or $3,055,300 x 7  =  $21,387,100, not counting any consequential or other punitive damages.

 

It is not my purpose here to pressure you with inappropriate threats to the value of your outstanding stock.  We submit to you that it is the criminal conduct of Jason Scott and Tore Nestenius that is placing the value of your stock in jeopardy.

 

Please take appropriate disciplinary action, pending further contact from us in this matter.

 

As the author, damaged party and Plaintiff in Mitchell v. AOL Time Warner, Inc. et al. (imminent), I am expressly reserving my fundamental Right to file a lawsuit in an American court of competent jurisdiction, to recover all the damages I have endured to date.

 

Gentlemen, thank you for your timely and appropriate consideration.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

Paul Andrew Mitchell, B.A., M.S.

Private Attorney General

 

copy:  Dr. John C. Alden, M.D.

       Key Witness and Interim Trustee,

       The EyeCare Fund, Oakland, California

 

attachments:  related materials faxed to Mr. Kechejian