MarksFriggin.com Special Feature

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(This page originally posted 10/99)

There's a bunch of things going on here at MarksFriggin.com. You may have noticed that my site has been slimmed down recently. That's due to a letter I received from one of Howard's lawyers in September (1999). To make a long story short, they're trying to put a stop to the web sites that are using audio and other material from Howard's show. If you check around at some of the other Stern fan sites you'll see that they've pretty much stopped supplying audio of the show. MarksFriggin.com wasn't supplying audio of the show but I had links to sites that were. I decided to remove those links so I wouldn't have any problems with Howard's lawyer. I've removed my ''Baba Booey's Adventure'' series of games along with many links and song parody lyrics pages. I'm complying with their wishes and I don't have any desire to cause any problems. I just want to continue to bring everyone my daily highlights page as I've been doing since January 1996. Everyone seems to be supporting my efforts and I appreciate that very much. We'll see what happens.

Thanks for your support!
Mark Mercer
MarksFriggin.com

What the letter said...

''Re: THE HOWARD STERN SHOW / THE HOWARD STERN RADIO SHOW

Ladies/Gentlemen: September 30, 1999

A matter of serious concern has come to our attention. We have learned that you are audio streaming and using other material from THE HOWARD STERN SHOW and/or THE HOWARD STERN RADIO SHOW (the "Show").

Please be advised that the Show and the various elements thereof are owned jointly by Sagittarius Broadcast Corp. (which is owned by a CBS subsidiary) and One Twelve Inc. (which is owned by Howard Stern). Neither CBS nor Howard Stern has authorized you to use, copy, transmit, disseminate or otherwise exploit any material from the Show.

Therefore you have violated many proprietary rights of CBS and Howard Stern including but not limited to rights of privacy and publicity and intellectual property ownership rights. These violations have resulted in significant damages both to CBS and Mr. Stern and are interfering with our agreements with our licensees. Furthermore, your use of our material has created a false impression that Mr. Stern endorses or is connected with your web-site which is misleading and deceptive to the public. Enclosed herewith is verification of our claim.

Unless you immediately remove all infringing material from your web-site and provide us with written assurances that all such infringing use has stopped and will not resume in the future, we will have no alternative but to take appropriate action to protect CBS's and Mr. Stern's rights. We require receipt of such written assurance from you by no later than October 4, 1999.

CBS and Mr. Stern specifically reserve any and all rights and remedies with respect to your unauthorized use of their material.''

And there you have it!


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