nats v wikileaks ba 038 2009


From richard.churchill-coleman@nats.co.uk Tue Dec 8 17:38:45 2009 Return-Path: X-Original-To: wl-editor@sunshinepress.org Delivered-To: wl-editor@sunshinepress.org Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes MIME-Version: 1.0 Disposition-Notification-To: "CHURCHILL-COLEMAN, Richard" Subject: British Airways Flight BA038 Traffic Control Video Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes From: "CHURCHILL-COLEMAN, Richard" To: Cc: "HORWOOD, Patrick" Privacy: yes Privacy: yes Privacy: yes Content-Type: multipart/alternative; boundary="----_=_NextPart_001_01CA7825.07AF9847" Message-Id: <20091208173845.25464397891@mail.wikileaks.org> Date: Tue, 8 Dec 2009 17:38:45 +0000 (GMT) Status: RO Content-Length: 11498 This is a multi-part message in MIME format. ------_=_NextPart_001_01CA7825.07AF9847 Content-Type: text/plain; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable Dear Sir, =20 I am writing to you in connection with the above mentioned video which you have posted at the link below. http://www.wikileaks.org/wiki/British_Airways_flight_038_traffic_control _video%2C_17_Jan_2008=20 In parallel with this email to you I will also be making a sworn representation as to the absolute copyright that NATS Limited has in the content of this video and will be requiring its removal under that right. However, I am writing to you separately to give you some background around this requirement so that it does not come across as merely the suppression of pubic information that you appear to portray on your website. =20 The content of this recording contains material that is part of an ongoing air accident investigation. It is NATS' policy to share this type of content only in environments where confidentiality can be preserved and where the furtherance of safety is the paramount concern. Without the guarantee of confidentiality, air traffic controllers, pilots and other key aviation workers are extremely reluctant to give full disclosure of circumstances surrounding air accidents and without full disclosure it is much harder for lessons to be learned that can assist in improving future air safety. =20 Mr Burkill was part of that confidential reporting culture but chose to take this recording and use it, without consent, to publicise his forthcoming book. That was the reason why NATS required him to remove it from his website. =20 Pubic disclosure of this recording may be made by NATS in due course but only at the appropriate time and with the consent of all relevant persons. Premature public disclosure damages NATS' stand for a "just culture" among our employees but adds little to the public good apart from satisfying the public's general curiosity. The longer the recording stays on your site the more damage is done to the trust we have earned from our employees and our partners in the aviation safety industry. I am therefore asking you to please remove it in the interests of speed before the legal process you have established has to run its course. =20 If you want to respond to this request or discuss it further then I would be happy to hear from you. =20 Yours sincerely Richard Churchill-Coleman General Counsel NATS Limited +44 (0)7977 454421 ----------------------------------------- *******************************************************************If=0Ayou= are not the intended recipient, please notify our Help Desk at=0AEmail pos= tmaster@nats.co.uk immediately. You should not copy or use=0Athis email or = attachment(s) for any purpose nor disclose their=0Acontents to any other pe= rson. NATS computer systems may be=0Amonitored and communications carried o= n them recorded, to secure=0Athe effective operation of the system and for = other lawful=0Apurposes. Please note that neither NATS nor the sender accep= ts any=0Aresponsibility for viruses or any losses caused as a result of=0Av= iruses and it is your responsibility to scan or otherwise check=0Athis emai= l and any attachments. NATS means NATS (En Route) plc=0A(company number: 41= 29273), NATS (Services) Ltd (company number=0A4129270), NATSNAV Ltd (compan= y number: 4164590) or NATS Ltd=0A(company number 3155567) or NATS Holdings = Ltd (company number=0A4138218). All companies are registered in England and= their=0Aregistered office is at 5th Floor, Brettenham House South,=0ALanca= ster Place, London, WC2E 7EN.=0A*******************************************= ***************************=0A ------_=_NextPart_001_01CA7825.07AF9847 Content-Type: text/html; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable

Dear Sir,

 

I am writing to you in connection with the above mentioned video wh= ich you have posted at the link below.

http://www.wikileaks.org/wiki/British_A= irways_flight_038_traffic_control_video%2C_17_Jan_2008

In parallel with this email to you I will also be making a sworn representation as to the absolute copyright that NATS Limited has in the content of this video and will be requiring its removal under that right.&n= bsp; However, I am writing to you separately to give you some background around = this requirement so that it does not come across as merely the suppression of pu= bic information that you appear to portray on your website.

 

The content of this recording contains material that is part of an ongoing air accident investigation.  It is NATS’ policy to share this type of content only in environments where confidentiality can be preserved and where the furtherance of safety is the paramount concern.&nbs= p; Without the guarantee of confidentiality, air traffic controllers, pilots a= nd other key aviation workers are extremely reluctant to give full disclosure = of circumstances surrounding air accidents and without full disclosure it is m= uch harder for lessons to be learned that can assist in improving future air safety.

 

Mr Burkill was part of that confidential reporting culture but chos= e to take this recording and use it, without consent, to publicise his forthcomi= ng book.  That was the reason why NATS required him to remove it from his website.

 

Pubic disclosure of this recording may be made by NATS in due cours= e but only at the appropriate time and with the consent of all relevant perso= ns.  Premature public disclosure damages NATS’ stand for a “just cul= ture” among our employees but adds little to the public good apart from satisfyin= g the public’s general curiosity.  The longer the recording stays = on your site the more damage is done to the trust we have earned from our employees and our partners in the aviation safety industry.  I am therefore asking you to please remove it in the interests of speed before t= he legal process you have established has to run its course.

 

If you want to respond to this request or discuss it further then I would be happy to hear from you.

 

Yours sincerely

Richard Churchill-Coleman

General Counsel

NATS Limited

+44 (0)7977 454421

***************************************************************************=
If you are not the intended recipient, please notify our Help Desk at Email= postmaster@nats.co.uk
=20 immediately. You should not copy or use this email or attachment(s) for any= purpose nor disclose
=20 their contents to any other person.

NATS computer systems may be monitored and communications carried on them r= ecorded, to
=20 secure the effective operation of the system
=20
Please note that neither NATS nor the sender accepts any responsibility for= viruses or any losses
=20 caused as a result of viruses and it is your responsibility to scan or othe= rwise check this email
and any attachments.
=20
NATS means NATS (En Route) plc (company number: 4129273), NATS (Services) L= td
=20 (company number 4129270), NATSNAV Ltd (company number: 4164590)
or NATS Ltd (company number 3155567) or NATS Holdings Ltd (company number 4= 138218).
All companies are registered in England and their registered office is at 5= th Floor,
=20 Brettenham House South, Lancaster Place, London, WC2E 7EN.
=20
***************************************************************************=
------_=_NextPart_001_01CA7825.07AF9847-- From richard.churchill-coleman@nats.co.uk Tue Dec 8 17:53:25 2009 Return-Path: X-Original-To: wl-editor@sunshinepress.org Delivered-To: wl-editor@sunshinepress.org Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes MIME-Version: 1.0 Disposition-Notification-To: "CHURCHILL-COLEMAN, Richard" Subject: British Airways Flight BA038 Traffic Control Video Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes From: "CHURCHILL-COLEMAN, Richard" To: Cc: Privacy: yes Privacy: yes Privacy: yes Content-Type: multipart/alternative; boundary="----_=_NextPart_001_01CA7827.13124198" Message-Id: <20091208175325.643D039770C@mail.wikileaks.org> Date: Tue, 8 Dec 2009 17:53:25 +0000 (GMT) Status: RO Content-Length: 6598 This is a multi-part message in MIME format. ------_=_NextPart_001_01CA7827.13124198 Content-Type: text/plain; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable Dear Sirs, =20 Further to the information supplied on the Wikileaks website, please supply me with your agent for service details. However, separately I have written to your editor requesting that this process is abridged in the best interests of air safety and on the basis that this recording does not, I believe, fall into the category of material that Wikileaks prides itself on making public. Therefore, as an alternative to receiving your agent for service details, I would be grateful to receive your confirmation that the recording has been removed. =20 Yours faithfully =20 Richard Churchill-Coleman General Counsel & Company Secretary NATS Limited =20 ----------------------------------------- *******************************************************************If=0Ayou= are not the intended recipient, please notify our Help Desk at=0AEmail pos= tmaster@nats.co.uk immediately. You should not copy or use=0Athis email or = attachment(s) for any purpose nor disclose their=0Acontents to any other pe= rson. NATS computer systems may be=0Amonitored and communications carried o= n them recorded, to secure=0Athe effective operation of the system and for = other lawful=0Apurposes. Please note that neither NATS nor the sender accep= ts any=0Aresponsibility for viruses or any losses caused as a result of=0Av= iruses and it is your responsibility to scan or otherwise check=0Athis emai= l and any attachments. NATS means NATS (En Route) plc=0A(company number: 41= 29273), NATS (Services) Ltd (company number=0A4129270), NATSNAV Ltd (compan= y number: 4164590) or NATS Ltd=0A(company number 3155567) or NATS Holdings = Ltd (company number=0A4138218). All companies are registered in England and= their=0Aregistered office is at 5th Floor, Brettenham House South,=0ALanca= ster Place, London, WC2E 7EN.=0A*******************************************= ***************************=0A ------_=_NextPart_001_01CA7827.13124198 Content-Type: text/html; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable

Dear Sirs,

 

Further to the information supplied on the Wikileaks website, pleas= e supply me with your agent for service details.  However, separately I = have written to your editor requesting that this process is abridged in the best interests of air safety and on the basis that this recording does not, I believe, fall into the category of material that Wikileaks prides itself on making public.  Therefore, as an alternative to receiving your agent f= or service details, I would be grateful to receive your confirmation that the recording has been removed.

 

Yours faithfully

 

Richard Churchill-Coleman

General Counsel & Company Secretary

NATS Limited

 

***************************************************************************=
If you are not the intended recipient, please notify our Help Desk at Email= postmaster@nats.co.uk
=20 immediately. You should not copy or use this email or attachment(s) for any= purpose nor disclose
=20 their contents to any other person.

NATS computer systems may be monitored and communications carried on them r= ecorded, to
=20 secure the effective operation of the system
=20
Please note that neither NATS nor the sender accepts any responsibility for= viruses or any losses
=20 caused as a result of viruses and it is your responsibility to scan or othe= rwise check this email
and any attachments.
=20
NATS means NATS (En Route) plc (company number: 4129273), NATS (Services) L= td
=20 (company number 4129270), NATSNAV Ltd (company number: 4164590)
or NATS Ltd (company number 3155567) or NATS Holdings Ltd (company number 4= 138218).
All companies are registered in England and their registered office is at 5= th Floor,
=20 Brettenham House South, Lancaster Place, London, WC2E 7EN.
=20
***************************************************************************=
------_=_NextPart_001_01CA7827.13124198-- From richard.churchill-coleman@nats.co.uk Tue Dec 8 19:03:51 2009 Return-Path: X-Original-To: wl-legal@sunshinepress.org Delivered-To: wl-legal@sunshinepress.org Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes MIME-Version: 1.0 Disposition-Notification-To: "CHURCHILL-COLEMAN, Richard" Subject: FW: British Airways Flight BA038 Traffic Control Video Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes Privacy: yes From: "CHURCHILL-COLEMAN, Richard" To: Privacy: yes Privacy: yes Privacy: yes Content-Type: multipart/alternative; boundary="----_=_NextPart_001_01CA7830.EDEED309" Message-Id: <20091208190351.C5615397884@mail.wikileaks.org> Date: Tue, 8 Dec 2009 19:03:51 +0000 (GMT) Status: RO Content-Length: 8831 This is a multi-part message in MIME format. ------_=_NextPart_001_01CA7830.EDEED309 Content-Type: text/plain; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable Resent due to incorrect email address below. =20 ________________________________ From: CHURCHILL-COLEMAN, Richard=20 Sent: 08 December 2009 16:54 To: 'wl-legal@sunshinepres.org' Cc: 'wl-editor@sunshinepress.org' Subject: British Airways Flight BA038 Traffic Control Video =20 Dear Sirs, =20 Further to the information supplied on the Wikileaks website, please supply me with your agent for service details. However, separately I have written to your editor requesting that this process is abridged in the best interests of air safety and on the basis that this recording does not, I believe, fall into the category of material that Wikileaks prides itself on making public. Therefore, as an alternative to receiving your agent for service details, I would be grateful to receive your confirmation that the recording has been removed. =20 Yours faithfully =20 Richard Churchill-Coleman General Counsel & Company Secretary NATS Limited =20 ----------------------------------------- *******************************************************************If=0Ayou= are not the intended recipient, please notify our Help Desk at=0AEmail pos= tmaster@nats.co.uk immediately. You should not copy or use=0Athis email or = attachment(s) for any purpose nor disclose their=0Acontents to any other pe= rson. NATS computer systems may be=0Amonitored and communications carried o= n them recorded, to secure=0Athe effective operation of the system and for = other lawful=0Apurposes. Please note that neither NATS nor the sender accep= ts any=0Aresponsibility for viruses or any losses caused as a result of=0Av= iruses and it is your responsibility to scan or otherwise check=0Athis emai= l and any attachments. NATS means NATS (En Route) plc=0A(company number: 41= 29273), NATS (Services) Ltd (company number=0A4129270), NATSNAV Ltd (compan= y number: 4164590) or NATS Ltd=0A(company number 3155567) or NATS Holdings = Ltd (company number=0A4138218). All companies are registered in England and= their=0Aregistered office is at 5th Floor, Brettenham House South,=0ALanca= ster Place, London, WC2E 7EN.=0A*******************************************= ***************************=0A ------_=_NextPart_001_01CA7830.EDEED309 Content-Type: text/html; charset=WINDOWS-1252 Content-Transfer-Encoding: quoted-printable

= Resent due to incorrect email addres= s below.

=  


From:= CHURCHILL-COLEMAN, Richard
Sent: 08 December 2009 16:54=
To: 'wl-legal@sunshinepres.o= rg'
Cc: 'wl-editor@sunshinepress= .org'
Subject: British Airways Fli= ght BA038 Traffic Control Video

 

Dear Sirs,

 

Further to the information supplied on the Wikileaks website, pleas= e supply me with your agent for service details.  However, separately I = have written to your editor requesting that this process is abridged in the best interests of air safety and on the basis that this recording does not, I believe, fall into the category of material that Wikileaks prides itself on making public.  Therefore, as an alternative to receiving your agent f= or service details, I would be grateful to receive your confirmation that the recording has been removed.

 

Yours faithfully

 

Richard Churchill-Coleman

General Counsel & Company Secretary

NATS Limited

 

***************************************************************************=
If you are not the intended recipient, please notify our Help Desk at Email= postmaster@nats.co.uk
=20 immediately. You should not copy or use this email or attachment(s) for any= purpose nor disclose
=20 their contents to any other person.

NATS computer systems may be monitored and communications carried on them r= ecorded, to
=20 secure the effective operation of the system
=20
Please note that neither NATS nor the sender accepts any responsibility for= viruses or any losses
=20 caused as a result of viruses and it is your responsibility to scan or othe= rwise check this email
and any attachments.
=20
NATS means NATS (En Route) plc (company number: 4129273), NATS (Services) L= td
=20 (company number 4129270), NATSNAV Ltd (company number: 4164590)
or NATS Ltd (company number 3155567) or NATS Holdings Ltd (company number 4= 138218).
All companies are registered in England and their registered office is at 5= th Floor,
=20 Brettenham House South, Lancaster Place, London, WC2E 7EN.
=20
***************************************************************************=
------_=_NextPart_001_01CA7830.EDEED309--

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