Lance Koonce
Direct Dial:  (212) 603-6467
lancekoonce@dwt.com


	January 23, 2004


VIA EMAIL TO palmtolkien@yahoo.com


Re:	TOLKIEN DOWNLOADS

To Whom it May Concern:

		We write as U.S. counsel to the heirs and successors in interest of Professor J.R.R. Tolkien (the "Estate"), regarding infringement of our client’s interests in Professor Tolkien's copyrighted works The Lord of the Rings, The Hobbit, The Silmarillion, Unfinished Tales, The Adventures of Tom Bombadil, Farmer Giles of Ham, The Homecoming of Beornoth, and Smith of Wootton Major (the "Works"), by reason of your unauthorized offering of electronic downloads of the Works over the Internet, through your website at www.geocities.com/palmtolkien, and the related site at www.geocities.com/arpharazon1/3l32b2x.htm (the “Infringing E-books”).  As more fully set forth below, this offering of free downloads constitutes a blatant copyright infringement of the Works.  We demand that you immediately cease infringing our client's rights in and to its valuable literary properties.

As you may be aware, the Estate holds valid U.S. copyright registrations for the Works.  Section 106 of the U.S. Copyright Act gives copyright owners, inter alia, the exclusive right to reproduce, distribute and display their copyrighted works, and Section 501 of the Act defines any violator of any of the exclusive rights an infringer.  Copyright owners may bring an action in federal court to recover damages from the infringing acts, as well as the full recovery of costs expended in bringing the action, including attorneys fees.

Accordingly, we hereby demand on behalf of our client that you immediately (i) cease and desist all further distribution the Infringing E-books, and all advertising and promotion in connection therewith; (ii) delete all copies of the Infringing E-books in your possession or under your control; and (iii) certify in writing to the undersigned that you will not distribute the Infringing E-books in the future; that you have deleted all copies of the Infringing E-books in your possession or control and removed all advertising related thereto; and that you have not transferred the Infringing E-books to any other party subsequent to the date you received this letter.

Unless you immediately comply with the above-stated demands and advise the undersigned in writing within seven (7) business days of the date hereof of your intention to do same, the Estate will have no choice but to pursue all appropriate legal remedies against you, including but not limited to seeking injunctive relief and damages.  The foregoing is written without waiver of or prejudice to the rights of our client, all of which are expressly reserved.

Very truly yours,



Lance Koonce


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