Times Mirror

                                                Times Mirror
September 21, 1999                              Two Park Avenue
                                                        New York, NY 10016
William Thomas                                  Tel: 212 448-2990
Proposition One Committee                       Fax: 212 448-2992
P.O. Box 27217                                  E-mail james.imbriaco@tm.com
Washington, D.C. 20038
                                                James Imbriaco
                                                Deputy General Counsel and
                                                Assistant Secretary

Dear Mr. Thomas:

I am counsel for The Baltimore Sun Company, a wholly-owned subsidiary of The Times Mirror Company and the publisher of THE SUN (hereinafter sometimes referred to as the "Publisher" or the "Company). The Company is the sole and exclusive owner of all rights, including the copyright, in the news stories and other materials it publishes in THE SUN.

It has come to my attention that you are reproducing and distributing, or causing to be reproduced and distributed on the website www.propl.org (the "Site") two news stories originally published in THE SUN, one on January 18, 1989 by Sun reporter Susan Bayer with the headline, THE INAUGURATION: A GRAND OLD PARTY, and the other, on January 13, 1993, by Sun reporter Robert Ruby under the headline ON THIS STATUTE FLECKED PATCH, HOMELESS AND PROTESTORS MAY REST THEIR HEADS BUT NOT SLEEP (the "Stories"). All of this has been done without the written permission or authorization of the Publisher. Your actions infringe upon, and violate the copyright of the Company in its news stories and, therefore, constitute a violation of, among other things, the United States Copyright Act of 1976, as amended, 17 U.S.C. Section 101 et seq.

You should be aware that the Company views very seriously any infringement of its rights, well as any attempt to appropriate for one's own benefit the proprietary assets of the Publisher. The Publisher cannot, nor will it, tolerate the activities in which you have engaged, or in which others have engaged on your behalf, whatever their motivation.

On behalf of the Publisher, I hereby demand that you immediately cease and desist from, and immediately cause all others acting on your behalf to cease and desist from, any actions infringing upon or violating the Company's copyright. I further demand on behalf of the Publisher that you immediately remove the Stories from the Site and cease and desist from distributing or causing to be distributed copies of the Stories and any other news stories from THE SUN for which you have not obtained the express prior written authorization or consent of the Publisher.

To the extent you may believe your wholesale appropriation of the Stories for your organization's own purposes and benefit constitutes a fair use of the Publisher's copyrighted


William Thomas
September 21, 1999
Page 2

property under 17 U.S.C. § 107, your belief is seriously misplaced, if not completely misguided. No court has ever held that actions such as yours constitute fair use, nor is it likely any court ever will. The fair use defense was never intended to protect the conduct in which you and your organization have engaged.

And, finally, let me assure you THE SUN was not required to pay you money or obtain your written consent to publish photographs of you and others acting in concert with you in connection with events described in news stories published in THE SUN, as you appear to suggest in your letter of September 8, 1999 to Robin Milligan of SunSource. The First Amendment simply would not tolerate it.

Please confirm your compliance with the demands set forth within five (5) days of the date of this letter by return mail.

THIS LETTER IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS A COMPLETE STATEMENT OF THE FACTS AND CLAIMS RELEVANT TO THE MATTERS SET FORTH HEREIN, OR OF THE PUBLISHER'S POSITION WITH RESPECT TO SUCH MATTERS.

NOTHING CONTAINED IN THIS LETTER CONSTITUTES A WAIVER OF ANY RIGHTS OR REMEDIES OF THE COMPANY, WHETHER AT LAW OR IN EQUITY, AGAINST YOU OR PROPOSITION ONE COMMITTEE AND THE MEMBERS THEREOF OR ANY OTHER INDIVIDUALS OR ENTITIES ENGAGED IN ACTIVITIES INFRINGING UPON OR VIOLATING ANY OF THE RIGHTS OF THE COMPANY, ALL OF WHICH ARE EXPRESSLY RESERVED.

Very truly yours,
(signed) James Imbriaco

James Imbriaco

/pb
cc: Michael E. Waller
Robin Milligan
Deborah L. Golumbeck