Text of the Cisco-ISS-Lynn-Black Hat Agreement
LAS VEGAS, July 29 -- Late yesterday I reported here that security researcher Michael Lynn had reached an agreement with Cisco Systems and his former employer, Internet Security Systems, to end a short-lived legal wrangle over his discussion of a security flaw in Cisco products.
I thought Security Fix readers might be interested in reading the text of the legal agreement the various parties reached. See below. Also, I took a photo of Lynn in case you were wondering what he looks like.
THIS AGREEMENT (the "Agreement") is made and entered into by and between Cisco Systems, Inc. ("CISCO") and Internet Security Systems, Inc. ("ISS") (collectively, "PLAINTIFFS"); and Michael Lynn ("LYNN") and Black Hat, Inc. ("BLACK HAT"), (collectively "DEFENDANTS"). This Agreement is effective July 28, 2005 (the "Effective Date").
I. FACTUAL RECITALS
1.0 This Agreement is entered into with reference to the following facts:
1.1 On July 27, 2005, PLAINTIFFS filed a Complaint against DEFENDANTS in the United States District Court for the Northern District of California, Case No. 03-CV-03043, alleging copyright infringement, trade secret misappropriation and breach of contract (the "Action"). In the Action, Plaintiffs sought damages, and temporary, preliminary, and permanent injunctive relief.
1.2 On July 27, 2005, Plaintiffs also filed a Request for a Temporary Restraining Order (the "TRO Request").
1.3 The parties are stipulating to a permanent injunction.
1.4 PLAINTIFFS and DEFENDANTS desire to enter into additional terms. Pursuant to and in accordance with this AGREEMENT, DEFENDANTS agree as follows:
II. OBLIGATIONS OF BLACK HAT
2.0 BLACK HAT shall enter into the Stipulated Injunction attached hereto as Exhibit A and abide by its terms.
2.1 BLACK HAT shall return to counsel for ISS the ISS Presentation materials attached to the Quinn Declaration, Exhibit A, including drafts of the presentation, final versions of the presentation, and drafts or copies of the July 27, 2005 presentation given by Michael Lynn.
2.2 BLACK HAT shall return to counsel for ISS any other ISS materials received by BLACK HAT in connection with the Black Hat Conference.
2.3 BLACK HAT shall return to counsel for CISCO any CISCO decompiled source code.
2.4 BLACK HAT shall identify to counsel for ISS/Cisco anyone to whom the ISS Presentation was disclosed in written form or electronically.
2.5 BLACK HAT shall identify any websites (if any) 1) where it posted directly or indirectly the ISS Presentation, its slides from the Black Hat 2005 USA July 27, 2005 presentation or decompiled Cisco code; or 2) where it is aware such information is posted. If such postings were made directly or indirectly by it, BLACK HAT shall have such postings taken down by 5:00 p.m., July 28, 2005 PDT.
III OBLIGATIONS OF LYNN
3.0 LYNN shall enter into the Stipulated Injunction attached hereto as Exhibit A and abide by its terms.
IV OBLIGATIONS OF CISCO AND ISS
4.0 Once the stipulated permanent injunction is entered by the Court Cisco and ISS shall execute and file a dismissal of the Action against all DEFENDANTS.
I'm changing hotels and preparing for the DefCon gathering. Stay tuned.
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