On or about July 1, 2008, DOTCOM sent an e-mail to ORTMANN
entitled “[Fwd: Illegal links]”. DOTCOM instructed him: “Never delete files from private
requests like this. I hope your current automated process catches such cases.”
kk. On or about July 9, 2008, VAN DER KOLK sent an e-mail to a thirdparty,
entitled “funny chat-log.” In the e-mail, VAN DER KOLK copied the text of a previous
online conversation between himself and ORTMANN, in which VAN DER KOLK had stated,
“we have a funny business . . . modern days pirates
” ORTMANN responded, “we’re not
pirates, we’re just providing shipping services to pirates
”.