Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Messages - Dark3mx

Pages: 1 ... 5 6 [7]
91
Site Updates / Re: Cease & Desist Letter
« on: May 11, 2009, 07:12:00 pm »
... The C&D for CE looks so... FAKE compared to the C&D for Resurrection...
August 26, 2004

    
Sender Information:
[Private]
Sent by: [Private]
[Private]
USA
Recipient Information:
[Private]
[Private]
Quebec, H4C 2H2, Canada

Sent via: email, postal mai
Re: Infringement of

Re:   Infringement of ?CHRONO TRIGGER? trademarks and copyrights ?
Our Ref.: 0821041.0001

Dear [Private]:

Our firm acts as intellectual property counsel for Kabushiki Kaisha Square Enix, aka Square Enix Co., Ltd., a world-famous producer and distributor of computer games and other entertainment products and services.

Our client created and distributes the computer game ?CHRONO TRIGGER?, which was first published in 1995 and is protected by U.S. Copyright Registrations Nos. TX-4-004-101 and PA-1-084-818. Also, our client owns three federal trademark registrations for ?CHRONO TRIGGER?, i.e.:

No. 2,021,310 ? Int?l. Class 16.

No. 2,024,475 ? Int?l. Class 28.

No. 2,270,900 ? Int?l. Class 9

We understand that you are developing ?Chrono Trigger: Resurrection?, a 3D remake of our client?s ?CHRONO TRIGGER? game which will recreate scenes from the original game. Your conduct in this regard constitutes copyright infringement and, inter alia, violates our client?s exclusive right to prepare derivative works based on its copyrighted work. Your use of the words ?CHRONO TRIGGER? in connection with your ?remake? and on your web site ?opcoder.com?, and your use of logos, scenes, characters and other images associated with our client?s games, constitutes trademark and copyright infringement and false designation of origin.

Accordingly, demand is hereby made that you immediately cease and desist from further development, promotion, sale or distribution of any product which is based on or derived from our client?s ?CHRONO TRIGGER? games, and that you cease and desist from all use of the ?CHRONO TRIGGER? trademark and logo, and all use of images or artwork from ?CHRONO TRIGGER? games.

This letter is written without prejudice to the exercise of any of our client?s rights and remedies, all of which are expressly reserved. If we do not receive your written response and adequate assurances within ten (10) business days of your receipt of this letter, our client intends to pursue its available remedies, which may include a lawsuit for injunctive and monetary relief, namely, damages, statutory damages, lost profits, costs, and/or attorneys? fees.

We await your response, and remain

Yours sincerely,


[Private]



And why would they send the C&D via PDF? i looks kinda like someone photoshopped the SE logo. The address and phone numbers on the bottom of the C&D are real, but that does not rule out that someone googled SE's info, or took it right off of the SE site.

92
Site Updates / Re: Cease & Desist Letter
« on: May 11, 2009, 06:47:22 pm »
What if... all evidence of CE was wiped from the compendium, there is still at least 1 copy of CE helb by someone, rename the game, change sprites, and names... then release the new game... from a different source tho...

kinda working off of Dark Serge's post.

93
You'd think they don't want people running homebrew software on there or something...

No wai orly?

Umm, Flash carts are in no way connected to nintendo, other than that they run on their product. carts are used for LEGAL rom backups/homebrew/movies/music/etc.

94
Site Updates / Re: Cease & Desist Letter
« on: May 11, 2009, 06:25:13 pm »
IDEA!

If the S&D gave a 10-day period to decide what the compendium will do (like CT: Ressurection) (yes, the C&D for Ressurection is on the net) then the rom can still be distributed before the end of the 10-day period correct?also, if your being IP tracked, get some people who have proxies, and submit the rom to them for even distribution to the public.

remember, this is just an idea

95
Site Updates / Re: Cease & Desist Letter
« on: May 10, 2009, 08:53:15 pm »
The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying),
(2) the right to create derivative works,
(3) the right to distribution,
(4) the right to performance,
(5) the right to display, and
(6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

96
Site Updates / Re: Cease & Desist Letter
« on: May 10, 2009, 08:41:31 pm »
I found more info:

The idea for a game is not protected by copyright. The same is true of the name or title given to the game and of the method or methods for playing it.

Copyright protects only the particular manner of an authorís expression in literary, artistic, or musical form. Copyright protection does not extend to any idea, system, method, device, or trademark material involved in the development, merchandising, or playing of a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles.

Some material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game, or the pictorial matter appearing on the gameboard or container, may be registrable.

97
Site Updates / Re: Cease & Desist Letter
« on: May 10, 2009, 08:30:30 pm »
What i dont understand is why SE is having such a fit if it is, in fact mentioned in the game, that SE owns the characters in the game... but then again, was the compendium ever granted permission to use SE's info?

98
Site Updates / Re: Cease & Desist Letter
« on: May 10, 2009, 08:26:10 pm »
Ok, i have been researching on copyrights with ROm hacking, It is NOT illegal to distribute your hack in the form of an IPS file, as long as you are not distributing a pre-pathed image, or the clean rom itself, HOWEVER, if a company thinks you are making derrivitave works, you can still be hit full force with copyright infringment. I will update if i find anything else.

99
Site Updates / Re: Cease & Desist Letter
« on: May 10, 2009, 02:41:05 pm »
Your fucking kidding me right? GOD DAMN SE ALWAYS GOTTA FUCK THE GOOD SHIT UP! Although... with Kajar Labratories down, we the people, who still have our hands on Temporal  Flux, can still hack on a private non-public release basis right? If there is still 1 beta copy of CE, it can be distributed without it being known as a public release, send it via PM/email/IM etc. Then from there, the ones whom have TF can make minor changes to the rom, and call it their own.

 just a suggestion....

i have now lost all respect i had ever had for SE...

100
Chrono Trigger DS Analysis / Extra Boss on Chrono Trigger DS
« on: May 09, 2009, 05:17:18 pm »
Okay, I know that there is another thread on this but its PACKED, so I am starting a new one.

With the extra boss in CTDS, Do you think that it is possible that maybe SE found out about Crimson Echoes and wanted to somewhat help out the series by creating a strange but still interesting link between the three games in the series? But then again, how would there be Chrono Cross if Schala is killed? Or is this boss somewhat of a "what if" scenario, kinda like how you can make Lucca's mom's legs work in the endings of the game.

101
Chrono Cross on the DS? The game has a resolution of 800x600, the DS sadly only has like 267x???, the amount of RAM and the power of the CPU also couldnt support it seeing that the DS only has a 4MB RAM and a 33MHz cpu, there is no TECHNICAL way for the DS to possibly handle the amount of polygons or any other specs for that matter,

but remember,
Just because its not TECHNICALLY possible, doesnt mean it wont happen.

Well of course you couldn't just take the game and stick it on the ds. There's no cd insert  :lol:


I think what's being discussed is a port/rehash and whether that would work. And 4mb RAM? That sounds like a lot, especially considering the size of the DS.

... I meant, if you own a flash cart, as in R4,NDSTT,M3,Cyclo... wait, scratch that first one, it sucks, but anyways, there might be a waya LONG time down the road where a PSX emu might be able to run at like 10FPS on the DS Lite.

With the specs of the DSi tho, SE might just make a port pf the game, if not, that sream of an emulator might just happen, it's just that there are only 2 working flash carts for the DSi, and each time the DSi updates its firmware, those flash carts get shut out for a week or two.

102
Chrono Cross on the DS? The game has a resolution of 800x600, the DS sadly only has like 267x???, the amount of RAM and the power of the CPU also couldnt support it seeing that the DS only has a 4MB RAM and a 33MHz cpu, there is no TECHNICAL way for the DS to possibly handle the amount of polygons or any other specs for that matter,

but remember,
Just because its not TECHNICALLY possible, doesnt mean it wont happen.

103
Actually, Magus is one of my personal favorites in the game, my favorites are arranged as

Glenn
Magus
Cyrus (even though he's not playable, he still kicks arse)
Ayla
Crono
Lucca
Marle
Robo

oh, and the purple hair? its awesome, purple is the color of royalty anyways so :P

Pages: 1 ... 5 6 [7]