For Settlement Purposes Only

Subject to F.R.E. 408

November 19, 2008

Kyle J. Redinger
Spicy Bear Media, LLC
cVillain.com
250 W. Main Street, Suite 101
Charlottesville, VA 22902

VIA Return Receipt Mail and E-mail at kyle@spicybear.com

Re: Infringement of Matthew Rosenberg’s Copyright

Dear Mr. Redinger:

If you are represented by an attorney, do not contact me directly. Please forward this letter
immediately to your lawyer.

Because you have not responded to Matthew Rosenberg’s facsimile letter of September 15, 2008, he
has retained this firm to represent him in the matter of Spicy Bear Media’s infringement of his copyright.
Specifically, the website administered by Spicy Bear Media, LLC, www.Cvillain.com, is currently using Mr.
Rosenberg’s photograph of “the Garage” in two places taken from his blog without permission for
commercial purposes, despite specific notice from Mr. Rosenberg that such use is unauthorized.

Mr. Rosenberg’s Photograph at issue is shown below and on his website at

http://www.matthewrosenberg.com/blog/?p=280:

Page 1 of 4

Law Office of Carolyn E. Wright, LLC / Buckley Brown, P.C.

P.C. 775.588.5147 (direct)
2970 Clairmont Road, N.E., Suite 1010, Atlanta, GA 30329 678.592.8025 (cell)
cwright@buckleybrown.com / www.photoattorney.com / www.buckleybrown.com 404.633.9320 (office)
Mr. Rosenberg’s photograph is posted on your website at http://cvillain.com/2008/09/15/downtown-
re-defines-the-garage-band/ as shown here:

Astonishingly, the second posting shown below was posted at

http://cvillain.com/?s=Garage+Goes+Dressy after Mr. Rosenberg’s notice of unauthorized use:

Page 2 of 4

Law Office of Carolyn E. Wright, LLC / Buckley Brown, P.C.

P.C. 775.588.5147 (direct)
2970 Clairmont Road, N.E., Suite 1010, Atlanta, GA 30329 678.592.8025 (cell)
cwright@buckleybrown.com / www.photoattorney.com / www.buckleybrown.com 404.633.9320 (office)
Spicy Bear Media’s uses of Mr. Rosenberg’s photograph without permission constitutes copyright
infringement. The infringement is clear; the only question is the extent of damages to be paid.

MR. ROSENBERG’S RIGHTS UNDER U.S. COPYRIGHT LAW

United States Copyright Law grants exclusive rights to the photographer of an image for use of that
image, including the rights to:

· reproduce the copyrighted work;

· prepare derivative works based on the copyrighted work; and
· distribute copies of the copyrighted work to the public by sale, rental or lending,
and/or to display the image.

See 17 USC §106. When those rights are infringed, the copyright owner is entitled to recover damages
suffered as a result of the infringement. See 17 USC §504.

Since Mr. Rosenberg’s photograph was registered with the U.S. Copyright Office prior to the
infringement by Spicy Bear Media, Mr. Rosenberg may elect to claim actual profits earned by the
infringer as a direct result of the infringement or to seek statutory damages of up to $150,000 per willful
infringing use for each photograph. See 17 USC §504(b) and (c). Legal fees and costs also may be
recovered from the infringer. See 17 USC §505.

Thus, Mr. Rosenberg demands that you:

1. Cease current and further uses of Mr. Rosenberg’s photograph; and

2. Provide an accounting of all of your uses of Mr. Rosenberg’s photograph.

NOTICE TO PRESERVE DOCUMENTS AND DATA

Further, you are on notice that litigation is likely regarding your actions concerning Mr. Rosenberg’s
photograph. You are now obligated and have a duty to preserve all evidence that may be relevant to
the dispute discussed above and that may be the subject of pending litigation. This duty of preservation
extends to, but is not limited to, data files, e-mails, calendars, telephone logs, access lists, and logs that
are located on your computer networks, e-mail servers, mainframes, individual computer workstations,
and external drives, or are located on any of those devices within your control but not owned by you,
such as your web host. Specifically, but not exclusively, you are on notice that you must preserve all
evidence of all your uses of Mr. Rosenberg’s photograph.

You are required by law to suspend any practice, even a normal or routine practice that might purge,
delete, or overwrite any electronic document or other evidence, including database matter and related
structural information, files remnants, residual and hidden data. This duty extends to your company,
employees, and agents. We request that you notify any such employee or agent of this retention
request immediately. This duty also extends to the preservation of replaced computers, hard drives,

Page 3 of 4

Law Office of Carolyn E. Wright, LLC / Buckley Brown, P.C.

P.C. 775.588.5147 (direct)
2970 Clairmont Road, N.E., Suite 1010, Atlanta, GA 30329 678.592.8025 (cell)
cwright@buckleybrown.com / www.photoattorney.com / www.buckleybrown.com 404.633.9320 (office)
and other storage media. If you back up your computer drives, you must preserve the back up files, as
well. We request that you immediately back up and archive any documents, including e-mails and all
other communications, between your company and all other persons and entities that relate to Mr.
Rosenberg’s photograph. We further request that you suspend any act or practice that would cause de-
fragmentation, compression, or reformatting of those hard drives.

Sanctions for violating any of the foregoing duties can be severe and include substantial monetary
sanctions, adverse inferences in evidentiary rulings, and the entry of judgments by default. We remain
hopeful that we can resolve this dispute short of litigation. The above duties, however, must be
satisfied during any settlement or other discussions that we may have.

OFFER TO SETTLE MR. ROSENBERG’S CLAIMS

Mr. Rosenberg is willing to forego his claim for copyright infringement in this matter if you send certified
funds, payable to the “Law Office of Carolyn E. Wright, LLC, Trust Account,” in the amount of $2,500 to
my attention at my address noted below by Friday, December 5, 2008. This represents Mr. Rosenberg’s
serious attempt to resolve this matter without litigation. Unless Mr. Rosenberg receives an appropriate
response to this demand, he will be forced to pursue all available legal remedies.

Sincerely,

/s/ Carolyn E. Wright

Carolyn E. Wright, Esq.

cc: Mr. Matthew Rosenberg

Page 4 of 4

Law Office of Carolyn E. Wright, LLC / Buckley Brown, P.C.

P.C. 775.588.5147 (direct)
2970 Clairmont Road, N.E., Suite 1010, Atlanta, GA 30329 678.592.8025 (cell)
cwright@buckleybrown.com / www.photoattorney.com / www.buckleybrown.com 404.633.9320 (office)