New Brinks v Jim Rojas Update

Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Brink's Home Security, Inc., Plaintiff, Case No.: 3: 07 CV 0437-B v. Jim Rojas, Defendant. BRINK'S MEMORANDUM REGARDING PERSONAL JURISDICTION OVER DEFENDANT JIM ROJAS This involves intentionally tortious acts committed by Defendant Jim Rojas ("Rojas") through which Rojas knowingly harmed Brink's Home Security, Inc. ("Brink's"), whose principal place of business and property are located in Irving, Texas. By virtue of his many intentional activities targeted to Brink's and its property, Rojas should have reasonably anticipated being haled into court in Texas, and accordingly personal jurisdiction exists here. Factual Background Brink's is a leader in the industry of providing alarm systems and security monitoring to homeowners. Brink's principal place of business is located in Irving, Texas. In providing its security systems and services, Brink's uses valuable intellectual property, including patented technology and copyrighted software. Brink's technicians use installation and programming manuals containing trade secrets and a proprietary "programmer" to activate security systems, create settings, and protect these settings through lockout codes. Brink's does not provide these manuals or its programmers to anyone outside of Brink's. Additionally, Brink's does not sell its alarm equipment to its customers but instead requires customers to sigh a "Protective Service Agreement ("PSA") which provides that Brink's will own the equipment installed in the

4593685 Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 2 of 11 customer's house and prohibits a customer from removing, selling, or altering any of the equipment. See Exhibit A (PSA). Rojas operates the Internet website (the "Tech-Man Website"), where he offers for sale Brink's equipment, offers to rent Brink's programmers, offers to provide the service of circumventing the lockout codes protecting the settings of Brink's control panels, and offers to buy Brink's equipment and programmers. See Complaint ¶J 17-23, Exs. C-F. Six months before this suit was filed, Brink's notified Rojas of its claims. See Exhibit B (September 6, 2006 Brink's letter). This letter laid out Plaintiff's concerns and claims, cited legal authorities, and provided a sample PSA. Id. Within two hours of receiving Brink's letter, Rojas responded by email, refusing to comply, threatening Brink's, and making unsupported legal arguments. See Exhibit C hereto (September 6, 2006 email from Rojas). In his e-mail response, Rojas expressed familiarity with Brink's and its services, products, contracts, and intellectual property claims. He expressed specific familiarity with Brink's website, and claimed essentially that he had the right to make commercial use of anything that Brink's itself posted on its website (a proposition Brink's believes to be contrary to copyright law). Id. ¶ 1. He asserted, contrary to Brink's letter and its standard PSA Agreement, that Brink's "chooses to abandon" security systems for which Brink's does not continue to provide monitoring services?a factual assertion that could only be made based on familiarity with Brink's business and its former customer relationships all over the country. Id. ¶ 2. He stated that he regularly seeks out and purchases Brink's programmers (a proprietary device), and that he also solicits and receives Brink's equipment, on the order of "maybe 2 boxes [that] contain a great deal of Brinks equipment" per week. Id. ¶ 3 and 7. He stated that he regularly "reprogram[s]" Brink's control boards, despite the anti-circumvention technology contained therein which Brink's believes is protected by 17 USC § 1201, and he asserted "no obligation to follow your client's contract limitations," which his message also expressed familiarity with. Id. 4593685 - 2 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 3 of 11 ¶ 4. He also expressed familiarity with where and how Brink's has installed new security systems. Id. ¶ 5. Finally, he expressed familiarity with unauthorized use of Brink's systems by "many dealers in the South, like in Texas, Georgia, South Carolina, Tennessee, & Alabama." Id. ¶ 8. Brink's responded with a second letter, responding to Rojas' contentions. See Exhibit D (October 12, 2006 Brink's letter). This letter gave Rojas clear notice of Brink's ownership of all of its programmers and the great majority of its installed equipment. It also provided Rojas with more specific legal authorities and explanations as to the copyright anti-circumvention claim, trade secret misappropriation claims, and patent infringement claim including providing a copy of the Brink's U.S. Patent No. 5,805,064 (the "Brink's '064 Patent"). Rojas' responded quickly again, a mere half hour later, in a short email defiantly dismissing Brink's claims. Exhibit E (October 12, 2006 Rojas email). In spite of Brink's notices, Rojas knowingly continued his tortious activities of offering his services (such as reprogramming in violation of Brink's patent, trade secret and copyright anti-circumvention rights) and Brink's products (including converted products such as Brink's proprietary programmers which are tightly guarded and never publicly released by Brink's) through his website. Rojas's responses to Brink's letters show that he has long conducted significant business activities knowingly making use of Brink's physical, contractual and intellectual property. Argument I. THIS COURT HAS SPECIFIC JURISDICTION OVER ROJAS BECAUSE ROJAS PURPOSELY DIRECTED INTENTIONAL TORTIOUS CONDUCT TOWARD BRINK'S, KNOWING THAT BRINK'S WAS LOCATED IN TEXAS AND SUFFERED THE EFFECTS OF THIS CONDUCT IN TEXAS. Specific personal jurisdiction may be based on intentional tortious conduct that is purposefully directed toward the forum, knowing that the injury would be felt in that forum. Calder v. Jones, 465 U.S. 783 (1984). In Calder, the plaintiff alleged she had been libeled in an 4593685 - 3 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 4 of 11 article published in a national magazine with a large circulation in the forum state. Id. at 784. The plaintiff filed suit against two nonresidents who wrote and edited the article. Id. at 784- 786. In finding personal jurisdiction, the Supreme Court noted that defendants' "intentional, and allegedly tortious, actions were expressly aimed" at the forum state and defendants "knew that the brunt of that injury would be felt by [plaintiff] in the State in which she lives and works." Id. at 789-90. "Under the circumstances, [defendants] must 'reasonably anticipate being haled into court there." Id. at 790 (citing World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980)). Under Calder, jurisdiction is proper here. A. Rojas' Significant Regular Offering of His Circumvention and Lock-Breaking Services And Brink's Converted or Contractually Protected Products Constitute Intentionally Tortious Actions Purposely Directed at Brink's. The Complaint alleges that Defendant Rojas has: (1) converted Brink's equipment and programmers, (2) misappropnated Brink's trade secrets by using or disclosing infonnation in Brink's manuals, (3) tortiously interfered with Brink's contracts (the PSAs signed by customers including Texas residents), (4) induced and/or contributed to the infringement of the Brink's '064 Patent by offering to sell Brink's keypads, and (5) offered to circumvent a copyright protection system (Brink's lockout codes) and trafficked in circumvention technology (instructions and Brink's programmers). See generally Plaintiff's Complaint. All of this tortious conduct seriously harms Brink's, in Texas. Rojas was aware of Brink's even before Brink's sent its letters. Rojas's email response to Brink's demand letters expressed familiarity with Brink's website, noted that he had been purchasing and using Brink's programmers for at least six years and that he regularly dealt in Brink's equipment (2 boxes each with a "great deal" of Brink's equipment each week), and, among other things, claimed that he didn't believe Brink's PSA agreements were void or unenforceable?a determination that could only be made by one very knowledgeable concerning 4593685 - 4 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 5 of 11 Brink's and its many customer and former customer relationships. See Ex. C. It is clear from this that Rojas had been knowingly directing his business activities to Brink's for some time. Moreover, at least as of his receipt of the September 6, 2006 letter, Rojas had specific undeniable notice of Brink's claims and the harm to Brink's from Rojas' activities. See Ex. B. Thus he was aware by September 6, 2006 not only of Brink's but also its physical and intellectual property claims and how his actions damaged them.' When Brink's further explained its claims and provided a copy of the Brink's '064 Patent, he immediately expressed defiance: "1 have no further interest in hearing what you, or your client have to say in regards to the equipment, programmers, or programming of abandoned Brinks systems. I will continue to buy, sell, or trade Brinks parts, programmers & accessories, as it becomes available on the internet, or mailed to me." Ex. E (emphasis added). In other words, he had long been buying, selling and trading Brink's parts, programmers and accessories?all activities that Brink's believes violate its physical, contractual and intellectual property rights? and he would continue doing so. In light of Rojas' knowledge of Brink's and its claimed rights, and his substantial and continuing activities based on allegedly illegal use of Brink's equipment and intellectual property, his actions can only be fairly interpreted as targeted to harm Brink's. See, e.g., GPG Prods. Corp. v. Pegasus Luggage, Inc., 776 F.2d 1007 (Fed. Cir. 1985) (holding defendant's patent infringement willful when the defendant was informed of his infringement, was given a copy of the patent, took no affirmative steps to ascertain whether he infringed, and deliberately continued infringing). 'Even after getting this notice, at this pre-suit stage, Rojas went on the offensive. Knowing that Brink's installation and programming manuals contained trade secret information, he threatened: "We will then list the installation & programming manuals we have available as well." Ex. C, ¶ 1. 4593685 - 5 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 6 of 11 B. Rojas Knew That Brink's Would Suffer The Brunt of Harm at Its Principal Place of Business In Texas. Because damage from intellectual property rights (such as Brink's patent) occurs at the location of the owner, Rojas must have known that Brink's would suffer injuries at its principal place of business in Texas. See Store Decor Div. of JAS Int'l, Inc. v. Stylex Worldwide Indus., Ltd., 767 F. Supp. 181, 183 (N.D. III. 1991) ("an infringement of a plaintiff's intellectual property right, which right is by definition intangible, must, by definition occur 'where the owner suffers the damage', i.e. where the owner is located"). Similarly, in its October 12, 2006 letter, Brink's requested return of its physical proprietary programmers. Ex. D, ¶ 4. By not returning these programmers to Brink's headquarters in Texas, Rojas knew he was damaging Brink's at its principal place of business. Rojas knew that Brink's and its intellectual property were located in Texas. He expressed familiarity with Brink's business, including its website and PSAs, even before Brink's sent notice of his tortious conduct. See Ex. C. Brink's website lists as contact information the address of its corporate headquarters in Irving, Texas. Exhibit F. Section 11 of the PSA also provides Brink's address in Irving, Texas. Ex. A. Furthermore, Brink's enjoys a high profile in the industry and advertises extensively. Rojas must know that Brink's principal place of business is in Texas, especially in light of his expressed familiarity with "dealers in the South, like in Texas." Ex. C, ¶ 8. By wrongfully selling Brink's equipment to Texas dealers and customers, by using converted Brink's programmers and the trade secrets they contain, and/or by encouraging Brink's customers to violate their PSA agreements with Brink's, Rojas would necessarily damage Brink's business in Texas. Rojas must have know that such actions would cause harm in Texas.2 2 Also, Rojas apparently does significant business in Texas. See Ex. C, ¶ 8 (expressing familiarity with practices of "many dealers in the South, like in Texas, Georgia, South Carolina, Tennessee & Alabama"). 4593685 - 6 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 7 of 11 C. Plaintiff Has Met Its Burden of Establishing a Prima Facie Case of Specific Personal Jurisdiction. Under the Supreme Court's Calder "effects" test, specific personal jurisdiction over Rojas is proper in this case, because Rojas has purposefully directed intentionally tortious conduct toward Brink's in this forum, knowing that Brink's injury would be felt in this forum. Brink's claims that its intellectual property and other rights are violated by Rojas' Internet offerings available to Texas residents, and Brink's suffers harm in Texas from Rojas' nationwide tortious actions. But for Rojas' conduct directed toward Brink's, the injury to Brink's in Texas would not have occurred. Brink's should not be required to go to Florida to seek relief from Rojas when Rojas knowingly caused injury in Texas. See Calder, 465 U.S. at 790. And under the facts of this case, Rojas should have anticipated being haled into court here. See Id. In numerous cases, the Calder effects test has been applied to find jurisdiction in a forum when the defendant committed a business tort, including trademark dilution, copyright infringement, patent infringement, and trade secret misappropriation, and knew that the plaintiff was located in that forum. See, e.g., Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998); Illustro Sys. Int'l, LLC, 2007 WL 1321825 (N.D. Tex. May 4, 2007) (applying Caider to find jurisdiction in Texas when defendant allegedly committed copyright infringement and knew that plaintiff was a Texas entity); Amini Innovation Corp. v. JS Imports Inc., 497 F. Supp. 2d 1093 (C.D. Cal. 2007) (finding jurisdiction under Calder when defendant allegedly willfully infringed plaintiff's copyrights and design patents and knew that plaintiff was located in the forum); Precision Craft Log Structures, Inc. v. Cabin Kit Co., 2006 WL 538819 (D. Idaho March 3, 2006) (finding jurisdiction when the defendant allegedly committed copyright infringement and knew the plaintiff was located in the forum); 3D0 Co. v. Poptop Software, Inc., 1998 U.S. Dist. LEXIS 21281 (N.D. Cal. Oct. 27, 1998) (finding jurisdiction when defendant allegedly committed trade 4593685 - 7 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 8 of 11 secret misappropriation and should have known that their actions would likely cause harm in the forum). Rojas' activities are similar to those of the defendant in Panavision. In Panavision, the court found jurisdiction proper under Colder when the defendant knew about plaintiff Panavision's trademarks, purposely registered domain names using those trademarks, and attempted to extort money from Panavision for use of the domain names. Panavision, 141 F.3d at 1319, 132 1-22. In finding jurisdiction, the court noted that [Defendant] engaged in a scheme to register Panavision's trademarks as his domain names for the purpose of extorting money from Panavision. His conduct, as he knew it likely would, had the effect of injuring Panavision in California where Panavision has its principal place of business and where the movie and television industry is centered. Id. at 1322. Like Toeppen, Rojas has similarly engaged in activities that he knew would damage an intellectual property owner located elsewhere. Also like Toeppen, he made threats to discourage Brink's from enforcing its rights. Before this case was filed, in response to Brink's first letter notifying Rojas of its claims, Rojas threatened retaliation if Brink's continued to pursue this matter, stating, "We will then list the installation & programming manuals we have available as well." Ex. C. And again after Brink's filed its lawsuit, Rojas stated: Since your client decided not to drop the case, I am going to publish this information and make it available to any alarm dealer who wants it for free. I will also provide step by step instructions on how to change all the eprom data to include the dealer's own phone number, account number, report codes, zone definitions, and how to alter the eprom to make the panel a local system. Brink's Motion for Temporary Restraining Order, Docket #15, Exhibit A, p. i0. Rojas has made other threats directed to Brink's as well, including one to buy and distribute counterfeit Rojas does not appear to have given up on threats, even despite this Court's injunction. Three days after this Court's July 10, 2007 Temporary Restraining Order issued, he sent an email, apparently renewing his threat to post Brmk's trade secrets on the Internet: "All I can do is just wait for them to get their judgernent. That's when I will crack my knuckles, click send, and make good on my promises..." Brink's Response to Defendant's Motion to Dismiss, Docket #23, Exhibit C. 4593685 - 8 - Case 3:07-cv-00437 Document 31 FHed 10/02/2007 Page 9 of 11 versions of the Brink's proprietary programmer. See Exhibit G. In short, Rojas has directed more activities and threats against Brink's than Toeppen directed against Panavision, so his activities clearly support jurisdiction under the Calder test. If the Court feels that Gadder is not sufficient basis for jurisdiction under the known facts set forth above, Brink's requests that it be allowed discovery to determine the extent of Rojas' business in Texas.4 Rojas has indicated he does business in Texas. See Ex. C (stating his familiarity with dealers in Texas). If discovery confirms that Rojas has provided significant products or services to Texas residents, then this fact in combination with offering his products and services through his interactive website available to Texas residents would also support specific personal jurisdiction. Zippo Mfg. Go. v. Zippo Dot Corn, Inc., 952 F. Supp. 1119 (W.D. Penn. 1997) (finding personal jurisdiction proper when defendant had an interactive website and conducted electronic commerce with residents of the forum). II. THE EXERCISE OF PERSONAL JURISDICTION OVER ROJAS COMPORTS WITH TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE When minimum contacts are established, the defendant bears the burden to make a compelling case that assertion of jurisdiction is unfair and unreasonable. Cent. Freight, 322 F.3d at 384 (court to consider (1) the burden on the nonresident defendant having to defend itself in the forum; (2) the interests of the forum state in the case; (3) the plaintiff's interest in obtaining convenient and effective relief; (4) the interstate judicial system's interest in the most efficient resolution of controversies; and (5) the shared interests of the states in furthering fundamental social policies.). A plaintiff bears the burden of proof for showing personal jurisdiction and when an evidentiary hearing is not held, as in this case, the plaintiff is only required to present a prima facie case. Cent. Freight Lines, Inc. v. APA Transport Corp., 322 F.3d 376, 380 (5th Cir. 2003). Any uncontroverted allegations in the complaint are taken as true and any confficts between facts submitted in affidavits are resolved in favor of the plaintiff. Bullion v. Gillespie, 895 F.2d 213, 217 (5th Cir. 1990). Because Brink's has not had the opportunity to take discovery due to Rojas' default, if the Court believes jurisdiction is unclear, Brink's requests the opportunity to take jurisdictional discovery. 4593685 - 9 - Case 3:07-cv-00437 Document 31 Filed 10/02/2007 Page 10 of II There is no overwhelming burden in requiring Rojas to defend his actions concerning Brink's in this court. Brink's has strong interest in resolving the dispute in Texas because Rojas' tortious acts injured it here. See Double G Energy, Inc. v. AT Gas Gathering, Inc., No. 3:05CV0749-P, 2005 WL 1837953 at *6 (N.D. Tex. July 28, 2005). Texas has an interest in this case because it involves a Texas-based corporation that has been injured. Id. Texas also has an interest because this case involves the application of Texas common and statutory laws. In the Internet era, when a single person may use the tools of the Internet to carry out and support wide-ranging business activities (such as, for example, solicitation, purchase and receipt of Brink's owned equipment; sale and rental of Brink's-owned equipment; lock- and code-breaking services performed for dealers and consumers; and distribution of copyrighted manuals), there is a strong interest in asserting jurisdiction over the remote perpetrator of such actions. The judicial system's interest in having this suit resolved efficiently also weighs in favor of Texas. A Texas court will more efficiently apply Texas law; multiple Brink's witnesses are located here and only one apparent witness (Rojas) is a nonresident; and Brink's is likely to have numerous documents and physical evidence at its principal place of business here. While Rojas might be somewhat inconvenienced by defending this suit in Texas from Florida, this inconvenience is slight in light of the ease of airline travel and electronic filing. (Any depositions of Rojas, of course, will be taken in his home area.) Further, "once minimum contacts are established, the interests of the forum and the plaintiff justify even large burdens on the defendant." Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 215 (5th Cir. 1999). Rojas cannot make a compelling case that jurisdiction in this case would not be fair and reasonable. Conclusion For the reasons set forth above, Brink's requests that the Court find that it has personal jurisdiction over Rojas, and set a hearing on Plaintiff's Motion for Entry of Default Judgment. 4593685 - 10 - Case 3:07-cv-00437 Document 31 Fi'ed 10/02/2007 Page 11 of 11 Respectfully submitted, By: Is Mark SabJeipç Mark Sableman Dean L. Franklin Timothy D. 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Case 3:07-cv-00437 Document 31-3 Filed 10/02/2007 Page 1 of 3 T H 0 M P S 0 N C 0 B U R N Thompson Coburn LLP Attorneys at Law One US Bank Plaza St. Louis, Missouri 63101

314-552-6000 FAX 314-552-7000 www. thornpsoncobu.rm corn Dean Franklin 314 552-6038 dfranklfri@ thornpsoncoburn.cOm September 6, 2006 Via EMAIL (jrojastechman.com), FACSIMILE #813/888-8794 and FEDERAL EXPRESS Mr. Jim Rojas 8002 Cornwall Lane Tampa, FL 33615-4606 Re: Tech-man.com Dear Mr. Rojas: This firm represents Brink's Home Security, Inc. ("Brink's"). Brink's supplies home security equipment and services to homeowners across the nation. It has come to the attention of Brink's that persons using the website address who we believe to be you, have recently offered the following services and products:

1. Copies of manuals for sale, including: BHS-l000 Quick Reference Guide BHS-1200 Keypad User Manual BHS-1202 & BHS-2000 LCD Keypad User Manual BHS-2000 Quick Reference Guide BHS-2000 User Manual BHS-2000A Quick Reference Guide BHS-2000B User Manual BHS-3000A LED Keypad User Manual BHS-3000A Quick Reference Guide BHS-3000C User Manual
2. Rental of programmers, including: Brinks BHS 1000 & BHS2000 Plug In Programmer Brinks BHS3000 Plug In Programmer
3. Encouraging and facilitating the removal and modification of Brink's panels.

34210B4 rBIT Case 3:07-cv-00437 Document 31-3 Filed 10/02/2007 Page 2 of 3 September 6, 2006 Page 2 of 3 Please be advised that Brink's services are usually provided to customers under a standard 'Protective Service Agreement" ("PSA"), a copy of which is enclosed herewith. The PSA specifically provides in section 5, concerning "OWNERSHIP AND USE OF PROTECTIVE EQUIPMENT", as follows: (a) YOU AGREE THAT BRINK'S IS THE OWNER OF THE PROTECTIVE EQUIPMENT AT ALL TIMES. You agree that this Agreement is not a lease. You will not attempt to remove or sell any of the Protective Equipment. You agree that installation of the Protective Equipment does not create a fixture toyo premises. (c) * ** you will not allow alteration of the Protective Equipment except in a manner approved in writing by Brink's. Accordingly, Brink's customers who are subject to a PSA may not legally alter the Brink's system unilaterally, and any sales of instructions, devices and materials which are desied to be used in connection with such alterations would constitute an attempt to induce the consumer to violate the applicable PSA. It appears from your website that your services are being offered to allow access such that copyrighted software programs could be copied and facilitate the alteration and reprogramming of Brink's systems. Such alterations may permit the buyer to reactivate deactivated security systems which belong to Brink's, or take other actions which would violate the homeowner's contract with Brink's, violate Brink's rights under the U.S. Copyright Act including the Anti-Circumvention Provisions of the Digital MiUennium Copyright Act and/or modify Brink's systems in a manner that might interfere with its operation or endanger the residents by preventing adequate security operations. Furthermore, any commercial downloading and copying of Brink's manuals is likety a direct violation of the Copyright Act. Additionally, the chips that you offer to reprogram contain copyrighted software of Brink's or its vendors. Brink's believes that any reproduction of such software, such as copying into Random Access Memory, constitutes an infringement of its rights as copyright owner. See M41 Systems Corp. v. Peak Computer. Inc., 991 F.2d 511 (9th Cu. 1993). The programming on the microchip is protected by a lockout key, and your instructions and methods for circumventing that lockout key constitute violations of section 1201 of the Copyright Act, 17 U.S.C. § 1201, which prohibits the sale or disfribution of anti-circumvent on technology. These copyright infringement and anti-circumvention violations are totally independent of the PSA. Please be advised that the penalties under the Copyright Act for both copyright infringement and trafficking in anti-circumvention technology can be severe including injunctions, statutory damages, and enhanced damages in the event of willful conduct. Because microchips and other security equipment subject to the standard Brink's PSA constitute the property of Brink's, any tampering with such materials, or the encouragement thereof, may also constitute trespass to chattels under state law. Finally, Brink's may have claims for trade secret infringement and other related claims based on the offering for sale and sale of your services and products and the inducement and instructions connected with such sales. 3421084 Case 3:07-cv-00437 Document 31-3 Filed 10/02/2007 Page 3 of 3 September 6, 2006 Page 3 of 3 For all of the reasons set forth above, Brink's demands that you: (a) immediately withdraw your offers to copy Brink's manuals, rent Brink's programmers or modify Brink's panels; (b) immediately withdraw any other offerings in any retail, auction or other forum of any Brink's security panels, programmers, instructions or inducements relating to changing, altering, circumventing or otherwise taking unauthorized actions with respect to Brink's equipment; (c) agree in writing that you will permanently cease all such activities, and will not engage in them in the future; (d) identify all persons to whom you have rented or sold your services or any materials relating to changing, altering, circumventing or otherwise taking unauthorized actions with respect to Brink's equipment; (e) disgorge to Brink's all revenue obtained from any past sales related to these services or any materials relating to changing, altering, circumventing or otherwise taking unauthorized actions with respect to Brink's equipment together with an agreed penalty of equai size; and (1) provide such further assurances of past, present and future legal compliance as Brink's may require based on its investigation which is currently ongoing. Please be advised that Brink's regularly and vigorously enforces its intellectual property and other property rights. Brink's does not and will not tolerate infringing activities and attempts to induce others to breach its contracts, destroy its property or infringe its rights. Please notify me on or before the close of business on September 13, 2006 whether you will comply with Brink's demands. We look forward to hearing from you or your counsel. Very truly yours, THOMPSON COBURN LLP By Dean L. Franklin DLF/jar Enclosure 3421084 Case 3:07-cv-00437 Document 31-4 Filed 10/02/2007 Page 1 of 1 From: Jim Rojas [jrojastech-man.COmJ Sent: Wednesday, September 06, 2006 6:03 PM To: Reitenbach, JoAnn Subject: Re: Brinks manuals, etc.

1. All of the manuals we list on our website are available freely to all on Brinks website. We could have easily added all the installation & programming manuals, but we do not wish to make them available to the general public. If you wish for us to remove public access to these manuals, we will do so. However, we will not stop listing them. We will then list the installation & programming manuals we have available as well.
2. Even though Brinks maintains they own their security systems at all times, 99 percent of the time, Brinks chooses to abandon it. Legally after 30 days after cancellation, the customer may dispose or do what they want with the system, no matter what your contract states. Most choose to sell or give them to us for other equipment or services we provide.
3. We purchased most of our Brinks programmers on eBay. In the past 6 years, we purchased 40 or more Brinks programmers. If that is a problem, you might want to contact eBay. Other programmers and equipment have come in the mail with nothing more than a note stating "I think you can use this'. It may well be ex-Brinks employees, we have no way to verify this. We also don't keep records of donations that come in from the general public. We generally accept 10-25 large packages per week. Out of all those, maybe 2 boxes contain a great deal of Brinks equipment. A few weeks ago we receive a single box of over 75 Brinks keypads and equipment of all kinds.
4. We only rent or sell our programmers to license alarm companies. There are no exceptions. Customers may send in their abandoned boards for us to reprogram. We just shutdown the communicator and change the user codes so the customer may have a functional system again. If Brinks has a problem with this, redesign the obsolete technology. Even the newer BHS-30000 are easy to reprogram. Also make sure Brinks removes the systems before the 30 day deadline after the customer cancels their contract, or moves into their new home. I am under no obligation to follow your client's contract limitations. ADT tried to pull the same thing.. guess what happened? Yep, you guessed it...ADT lost their case.
5. We have received dozens of reports & emails from dealers all over the USA that Brinks is installing these systems in brand new homes & apartments. Since the customer never signed a contract for monitoring at closing or even afterwards, they aren't bound by anything your contract may or may not imply. Therefore the homeowner is also free to abandon or do what they will with the Brinks system.
6. There is a person on eBay that does provide the unlocking, and programming of the Brinks eprom chipsto the general public.. .our policy stickly forbids this. We never make public any company's lockout codes, receiver numbers, callback numbers, or any other proprietary information programmed into their systems. There are no exceptions to this policy as well.
7. Alarm dealers all over the USA send us abandoned Brinks systems by the box full. If Brinks wishes to purchase them all back, we have no problem letting them doing so. We currently have several hundred boards, keypads, hardwired and wireless expanders of all kinds in stock at all times.
8. Many dealers in the South, like in Texas, Georgia, South Carolina, Tennessee & Alabama use Brinks systems as their primary panel because of the abUndance of abandoned Brinks systems they run into on takeovers. Brinks is well aware of what is going on out there when it comes to their equipment. With many more online alarm companies offering monitoring for as little as .95 per month, it is only the beginning... Thank you Jim Rojas EXHIBIT IC Case 3:07-cv-00437 Document 31-5 Filed 10/02/2007 Page 1 of 3 T H 0 M P S 0 N C 0 B U R N Thompson Cobuzn LLP Attorneys at Law One US Bank Plaza St. Louis, Missouri 63101

314-552-6000 M.X 314-552-7000 Mark Sableman 314-552-6103 FAX 314-552-7103 EMAiL msab1enan@ thompsoncobum.com October 12, 2006 Via EMAIL ( snipped-for-privacy@tech-man.com), FACSIMILE #813/888-8794 and UPS Mr. Jim Rojas 8002 Cornwall Lane Tampa, FL 33615-4606 Re: Various infringement claims; Our Ref: 7498-54476 Dear Mr. Roas: I am responding on behalf of Brink's and my partner Dean Franklin to the emails you sent to Mr. Franklin on September 6, 2006, in response to his letter of that date. While we appreciate your timely response to Mr. Franklin's letter, and while we now better understand your position, significant issues remain. First, your suggestion that Brink's has "abandoned" its security systems is not correct. When a residential homeowner goes to Brink's and. asks Brink's to install a security system., Brink's does so under contractual terms and conditions (which have been provided to you) which expressly provide that Brink's retains ownership of the security system equipment. If and when the Brink's customer chooses to discontinue Brink's monitoring services, the customer is given a choice of having the security system remain in the house, where it may be seen by a subsequent purchaser as adding value to the house, or it may be removed. Most homeowners in this situation choose to have the system equipment remain installed because of the obvious benefit in the event of a home sale or the customef s decision to resume Brink's monitoring services. In any event, the equipment remains the property of Brink's; you cannot obtain good title to this equipment even if you have paid for it. While you may not have known these facts before, the contract that Mr. Franklin provided to you makes that clear. Now that all the facts have been clearly provided to you, you no longer have an excuse of reasonable basis for believing that unused Brinks' security system equipment was "abandoned" simply because it was no longer being utilized as part of an active Brink's monitoring security service. In some cases, Brink's does install systems in brand. new homes or apartments prior to any Brink's monitoring service contract, and in that case, as you noted in point 5 of your email, the situation is somewhat different from the ordinary situation. However, if you have any control 3439738 Case 3:07-cv-00437 Document 31-5 Filed 10/02/2007 Page 2 of 3 Mr. lim Rojas October 12, 2006 Page 2 of 3 panels which say "this control panel . -. is the property of Brink's Home Security" or similar language, then it is very clear that the panel was not used in new construction. This is not to say that any panel without this label is not owned by Brink's, as we suspect the label is often removed by those who attempt to wrongfully sell Brink's equipment. Additionally, because the systems that are installed in new construction are owned by the homeowner, it is rare that they are removed from these homes. We therefore believe a very low percentage, if any, of the Brink's panels in your possession came from new construction. Second, cny and all of the Brink's progrrn'mers that you have in your possession are Brink's property. The programmers are manufactured and progrnmed for use solely by Brink's to program Brink's secuñty systems. The manufacturer sells them exclusively to Brink's. Brink's does not sell, abandon, release, or otherwise distribute any of its progrpmmers. It is possible that former Brink's technicians have at times not returned progrrnmers in their possession to Brink's at the conclusion of their employment, but if this is so, any such continued possession of the programmers or any sale or distribution of the programmers by those former employees was unauthorized by Brink's. Similarly, Brink's programmers may have at times been lost or misplaced, but as I am sure you know, it is a basic legal principle that in the case of lost property, the original owner has superior rights to any later findei. In short, you have no right to possess, claim ownership of, sell, or distribute Brink's programmers, regardless of whether you acquired the programmer on eBay, by donation, or in any other manner. Any such Brink's progrirrners that have come into your possession are stolen or misplaced property of Brink's. Brink's hereby notifies you explicitly that you have no rights to these programmers, and Brink's requests that you return any such programmers currently in your possession to Brink's, and cease all purchases, sales and ditribution of such devices, Third, it appears clear from your website that you promote, aid, and abet the circumvention of lock-out codes that protect the software resident on Brink's home security systems. Because the lock-out codes are circumvented in connection 'with reprogrrnm ing activities which involve copying or adapting the programs that Brink's has put on the system, the circumvention of these codes clearly aids in the infringement of copyrighted material. This constitutes a violation of one or more subsections of section 1201 of the Digital Mifienium Copyright Act (17 U.S.C. § 1201), including the prohibition on the distribution of equipment designed to aid such circumvention. Under the Copyright Act, this is an action wrong in arid of itself, without regard to whether you or others actually carry out the circumvention. See 17 U.S.C. § 120 l(a)(2) (prohibiting trafficking and anti-circumvention technology). It is important to note that these violations are completely separate from and in addition to any inducement of a breach of Brink's customer contracts. Fourth, in addition, the selling of components of the Brink's security systems and the reprogramming of the Brink's boards may constitute a violation of Brink's patent rights, to the extent that you resell or reprogram components for use in a security system that infringes the claims of U.S. Patent No. 5,805,064. Please refer to U.S. Patent No. 5,805,064, a copy of which is enclosed with this letter, to see the exact scope of Brink's patent rights in this regard. As you know, the United States patent law prohibits unauthorized persons from making, using, 3439738 Case 3:07-cv-00437 Document 31-5 Filed 10/02/2007 Page 3 of 3 Mr. Jim Rojas October 12, 2006 Page 3 of 3 or selling patented equipment or practicing patented processes such as the one described in the Brink's patent. Your activity in reselling or reprogrpmming Brink's equipment may induce others to infringe Brink's patent rights. Under the law, one who actively induces infringement of a patent or offers to sell or sells a component of a patented system may also be liable as an infringer. See 35 U.S.C. § 271. Fifth, with respect to the Brink's manuals that you have made available for downloading from your web site, it is a violation of the Copyright Act to distribute Brink's manuals without authorization. The Copyright Act provides Brink's with the exclusive right to reproduce its copyrighted works, prepare derivative works, or distribute copies of its works to the public. See 17 U.S.C. § 106. While Brink's in the past made user manuals available on the mybrinks.com website for use by authorized Brink's customers, it never gave explicit or implicit permission for you or others who were not Brink's system customers, but rather who are misusing Brink's equipment, to distribute the manuals. Moreover, the Brink's user manuals are no longer publicly available, as access to the portion of the mybrin.ks.com website where these manuals are posted is currently password protected. Accordingly, Brink's again requests that you immediately remove all Brink's manuals from your public web site and otherwise cease unauthorized distribution of them. Additionally, the Brink's installation manuals were never, and currently are not, made available to the public in any manner. Dissemination of these manuals in any manner constitutes copyright infringement and may as well constitute trade secret misappropriation. For all of these reasons, and the reasons set forth in Mr. Franklin's original letter, Brink's believes it is clear that the products and services sold on your website violate Brink's intellectual property rights, and constitute tortious wrongs that have damaged Brink's business. We again request that you promptly agree to discontinue all such activities. Please advise me on or before October 26, 2006 whether you will do so, or whether it will be necessary for Brink's to take farther action to enforce its rights. I look forward to hearing from you or your counsel. Very truly yours, THOMPSON COBURN LLP By Mark Sableman MS/be Ericlosu.re cc: Mr. Chris Cage Mr. Dean Franklin 343 9738 Case 3:07-cv-00437 Document 31-6 Filed 10/02/2007 Page 1 of I From: Jim Rojas [mailto: snipped-for-privacy@tech-man.com] Sent: Thursday, October 12, 2006 1:44 PM To: Sableman, Mark Subject: Re: Brink's -- various infrigement daims It appears that no matter how I respond to this letter, you will reply with more legal double talk. have no further interest in hearing what you, or your client have to say in regards to the equipment, programmers, or programming of abandoned Brinks systems. will continue to buy, sell, or trade Brinks parts, programmers & accessories, as it becomes available on the internet, or mailed to me. You are welcome to try to prevent this, but you and I know what the chances are of that happening. If you insist on pressing this issue, I will make both letters you have sent to me public information for all the security industry to view, including end users that use my website. This includes all alarm forums & newsgroups. Don't be surprised if it causes your client to lose some customers, or even a spotlight in Mr. Kirshbaum's legal column. The internet is a wonderful thing... Have a pleasant weekend. Jim Rojas EXHIBIT I ___ Contact Brink's Home Security Page 1 of 2 to RapKl Response Ca I I now! 1?888-848?0906 About Us I Careers Contact Us INSTALL NOW! Home j Systems and Pricing T Brink's Monitoring T Brink's Difference J My Brink's Account T Internet Special! 1 Our Customers Have Spoken The rapid response of the Brinks Home Security system saved my home I am at ease with Brinks on the job."

- T-cy, IN : A Consumers Digest Best Buy award for the standard and premium systems.

3.D. Power and Associates award-recognized monitoring center. Learn more about these and other recognitions. hftn-//www. hrinkshcrniesecuritvcom/contaCtUS.htm 9/28/2007 Home> Contact Us Contact Us Our dedicated professionals are just a click or a phone call away. Please call us at one of the toll-free numbers listed below, or If you prefer, please click on a question below and complete the information that follows. We will contact you concerning your specific needs. Home Security 1-800-379-9194 1 would like to schedule a security system needs analysis I want to meet with a Brink's Home Security Representative I would like to schedule the installation of a security system in my home I want additional information regarding Brink's Home Security systems and products I am moving and would like to schedule an alarm system installation in my new home I would like to find out more information about prices Home Security System Already Installed 1-800-379-8816 I want to activate an alarm system currently In my home Customer Center 1-800-445-0872 I have a billing inquiry I would like to request service I am moving and would like to schedule an alarm system installation in my new home I want to activate aü alarm system currently in my home 'I want to talk to a Brink's Customer Care Representative NC,) 0 C? > 9 N- 0 Cl) 0 Access Your Account I Choose Account Log ito view your More Great 5avngs Save On Insurance! EXHIBIT Ii F Contact Brink's Home Security Page You could save up to Brink's Business Security 1-800-890-8945 200/0 on homeowners want to schedule an appointment with a Brink's Business Security insurance. Representative Get Email From Brink's! I want to contact Brink's Customer Care Department Brink's Sign up to receive System Brink's specIal offers and security tips. Dealer Program 1-800-380-1388 Already Installed? SIGN UP NOW I want to become a Brink's Authorized Dealer Activate now and ---- I want information on becoming a Brink's Authorized Dealer save! Brink's Home Technologies 1-800-371-3893 Non-Brink's System I am a builder and would like to schedule an appointment with a Brink's Already Representative Installed? 'What types of services does Brink's Home Technologies offer builders? Switch to Brink's How do builders contact Brinks Home Technologies for security systems, and save' low voltage wiring and other home technology solutions? Moving? Brink's Home Security Corporate Headquarters As a Brink's To contact Brink's Home Security's Corporate Headquarters regarding an Customer you can issue not addressed above, please write or call us at: enjoy our special move offer. 972-871-3500 8880 Esters Blvd Irving, TX 75063 Home I Systems and Pricing I Brink's Monitoring Brink's Difference I My Brink's Account I Special Offer Legal Notice I Site Map I FAOs I News I Security Resources Brink's Home Security I Brink's Business Security I Brink's Home Technologies I Become a Dealer Privacy Policy: US I Canada ©2007 Copyright Brink's Home Security. All rights reserved. Brink's, Inc. and Brink's Home Security, Inc. are subsidiaries of The Brink's Company. www.brinkshomesecuritv ,cornlcontactus ,htm 9/28/ Case 3:07-cv-00437 Document 31-8 Filed 10/02/2007 Page 1 of 1 Sablemai, Mark From: Jim Rojas Uroias@tech-man .com] Sent: Thursday, May 24, 2007 12:22 PM To: Sableman, Mark Cc: Franklin, Dean; Reitenbach, JoAnn Subject: Re: Brinks Programmer Part 2 I have been doing some further research. According to my Taiwan trade contact, the China based manufacturer of this S3121 programmer still has many of them left for sale. I just ordered a hundred of them at $22USD each. I think your client opened a huge can of worms here. Maybe your client should take this opportunity to have Honeywell design an entirely new panel line. Their latest BHS4000C is very easy to reprogram. You don't even need a progranhxuer. We figured out how to do it across the datahus. Sorry about that. God Bless america Jim Rojas Jim Rojas wrote: > I thought this programmer was made exclusively for Brinks? I guess no > one told this to Intellisense (Honeywell) . It seems they have it > listed as the Eclipse model # S3121 on it. . .1 wonder if Judge Jane J > Boyle is aware of this undisclosed fact.. .oops. Please feel free to > enter this email as further evidence of your client's bogus claims > against me. I am attaching some pictures in case your legal aides need > a visual reference. >

EXHIBIT

1 G

There is little you have to gain by persisting in the idea that this guy cares for you in any way, positively or negatively. This is just how he makes a living. He thinks of people like you more akin to the way you think of an alarm panel. You know how to turn the alarm on, turn the alarm off, and under certain conditions make the alarm squawk, all with little emotion. He does the same thing with people. Despite your feelings that he is a poor lawyer, he has just shown how good he is by pushing all your buttons, and you are the one left squawking. If you truly want to defeat him simply make certain that nothing you do becomes a financial resource for him. It's really just that simple. When the opportunity for lawyers to make money disappears, the lawyers disappear right along with it. Ask any lawyer what bothers him the most and not getting paid is at the top of the list, and in every space on the list that follows. Now if you want to win him over then use his own pleadings against him, since he has already made the legal claim that you are an expert at reprogramming Brinks' gear. Become an expert witness for Brinks and help him ferret out all the dealers that are actually flipping accounts using Brinks' gear. He'll make so much money (along with you) he'll even buy you dinner after that I bet. And that all will be on Brinks' tab of course. If you want you could take all your earnings, donate them to the RNC, and get a spot for him to go on a special hunting trip in Texas, with Dick Cheney.

"Jim Rojas" wrote in message news:4702a46f$0$18962$ snipped-for-privacy@roadrunner.com...

14.0915011010 1150101,0050*1011151110. 7000910001019

You are probably right. I'll wait and see what they do next.

Jim Rojas

Just Look> There is little you have to gain by persisting in the idea that this guy

I've been telling you that for years. :^)

Now there's going to be trouble!

Too late. It's already taken. Given their idea of customer service, that should come as no surprise.