Subject: False Statements
Dear Mr. Gibson,
We have just become aware of numerous false public statements
you have made regarding RealNetworks' privacy practices and
RealDownload. Your statements have already damaged
RealNetworks, and we request that you immediately publish a
retraction to each individual to whom you have made false
statements and inform participants on your discussion board of
your erroneous statements. RealNetworks will hold you and your
company liable for any damages caused by your patently false and
reckless statements. It is in your interest to immediately
minimize the damages. We further demand that you immediately
cease and desist from making any additional false statement
about either RealNetworks' privacy practices or RealDownload.
RealNetworks carefully protects the privacy of its
customers. RealNetworks does not track any individual's use of
RealDownload, does not create profiles of RealDownload customers
and does not transmit any unique ID when a customer downloads
files using RealDownload. Any use of RealDownload is completely
anonymous and its communications features are clearly disclosed
and optional. Upon installation, users are informed that
download URLs can be anonymously transmitted and we offer them a
clear choice to opt out of even that functionality. Your
statements to the contrary are simply false. It is readily
apparent that your false and inflammatory statements were simply
designed to create demand for your "Opt-Out" product. Your
complete disregard for accuracy or truthfulness is demonstrated
by the fact that you made no attempt to contact RealNetworks
regarding your numerous false claims about our company or
products, despite the fact that we prominently publish privacy
contact information.
You also completely disregarded our detailed privacy policies
and descriptions of RealDownload Internet communications. Our
privacy policies clearly describe the many ways in which we
protect user privacy. RealNetworks' policies have been
independently audited by Arthur Andersen and have received
Arthur Andersen's E-Sure Seal. Moreoever, the privacy group,
Privacy Place.com , independently reviewed RealDownload and
concluded that it poses no threat to user privacy.
Mr. Gibson, your reckless report not only damages RealNetworks,
but consumers of our products and those interested in making
informed choices about how to protect their privacy on the
Internet. Your false and inflammatory statements make it
difficult for consumers to make educated and informed choices
about products. RealNetworks is compelled to take these matters
extremely seriously and use all available legal recourse to
protect our reputation and the reputation of our products.
RealNetworks reserves all of its legal rights and remedies with
respect to this matter. We urge you to immediately respond to
this letter with appropriate retractions. Please contact me in
the event you have any questions.
-------------------------------------------
Robert Kimball
Associate General Counsel
RealNetworks, Inc.
2601 Elliott Avenue
Seattle, WA 98121
|
|