Author Topic: Cease & Desist Letter  (Read 122945 times)

Thought

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Re: Cease & Desist Letter
« Reply #345 on: May 12, 2009, 01:55:07 pm »
I believe it is 150k per each hack that is considered "one work", not each property.

...

150k is a scare tactic.  This hack will not cost SE 150k.  Or it might indirectly if people are pissed enough not to buy SE products after this debacle.

Could also be interpreted as per download. Or per copyright infringed (the right of derivative works, the right of distribution, the right of display, etc).

While 150k is indeed a scare tactic, the total could be more still. SE could reasonably request additional compensation to cover litigation fees. They could request recompensation for perceived and actual damages. Luckily the Compendium doesn't make any money, or they could ask for that too.

KebreI

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Agent 12

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Re: Cease & Desist Letter
« Reply #347 on: May 12, 2009, 02:39:55 pm »
were on the front page of digg.com

--JP

KebreI

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Re: Cease & Desist Letter
« Reply #348 on: May 12, 2009, 02:47:44 pm »
I don't think I've said this yet but, Congrats on becoming the Guru of Life Agent12!

MeshGearFox

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Re: Cease & Desist Letter
« Reply #349 on: May 12, 2009, 02:59:22 pm »
Compared to that 3D Remake thingy's C&D, this C&D really, really looks incredibly... fake.

http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=1416 <- Resurrection's.

I mean, seriously. Just compare them. Crimson Echo's C&D doesn't have any lawyer's backing, any substantial copyright information about Chrono Trigger itself... it just cites some sort of valid DMCA laws which can be found *anywhere*, and looks like it comes from a real address, which probably isn't hard to fake.

placidchap

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Re: Cease & Desist Letter
« Reply #350 on: May 12, 2009, 03:07:07 pm »
The address, phone number and fax are all located on google.  As well as the DCMA and copyright law.  But the comparison has already been mentioned numerous times.

Daniel Krispin

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Re: Cease & Desist Letter
« Reply #351 on: May 12, 2009, 03:12:27 pm »
Compared to that 3D Remake thingy's C&D, this C&D really, really looks incredibly... fake.

http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=1416 <- Resurrection's.

I mean, seriously. Just compare them. Crimson Echo's C&D doesn't have any lawyer's backing, any substantial copyright information about Chrono Trigger itself... it just cites some sort of valid DMCA laws which can be found *anywhere*, and looks like it comes from a real address, which probably isn't hard to fake.

Nonetheless actual contact was made with SE by certain members who phoned and, as such, the order is without any question genuine.

KebreI

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Re: Cease & Desist Letter
« Reply #352 on: May 12, 2009, 03:18:33 pm »
It's not like there is a standard C&D format after all.

Uboa

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Re: Cease & Desist Letter
« Reply #353 on: May 12, 2009, 03:21:43 pm »
were on the front page of digg.com

--JP

This could easily make the top ten.


Magus22

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Re: Cease & Desist Letter
« Reply #354 on: May 12, 2009, 03:37:52 pm »
One reply so far on Koei Warriors... not as popular as I thought it would be.

http://s13.zetaboards.com/koeiwarriors/topic/6599464/1/

If you want to respond to it Zeality, I would be happy to relay it back.

Agent 12

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Re: Cease & Desist Letter
« Reply #355 on: May 12, 2009, 03:44:22 pm »
Magus: 

Fist off make sure he sees how horribly that readme was misquoted:

Quote
The fans and members of Kajar Laboratories acknowledge that under

M. Kramer Manufacturing Company, Inc. v. Andrews,  783 F.2d 421 (4th Cir. 1986),

ROM altering and modification is illegal, and the demo has been made without the consent of Square Enix. However, Kajar Laboratories wishes that Square Enix view it as a piece of fanfiction or other fan-related work, falling in the general body of fan community proceedings that are too numerous to prosecute and summarily have a positive effect on the popularity of its games. Should Square Enix perceive the project as a threat to its sales or intellectual property, Kajar Laboratories will immediately cease operation on the project and comply with Square Enix's orders.

We did know going into this what we were doing.  That was 5 years ago.  Since then prophets guile was released without square batting an eye (though they laid the hammer on it here too).  Of course square has the right to do what they did, I just feel like what they did was not good for either party involved, and definitely had horrible....almost rude......timing.

--JP

Lord J Esq

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Re: Cease & Desist Letter
« Reply #356 on: May 12, 2009, 04:58:10 pm »
Compared to that 3D Remake thingy's C&D, this C&D really, really looks incredibly... fake.

http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=1416 <- Resurrection's.

I mean, seriously. Just compare them. Crimson Echo's C&D doesn't have any lawyer's backing, any substantial copyright information about Chrono Trigger itself... it just cites some sort of valid DMCA laws which can be found *anywhere*, and looks like it comes from a real address, which probably isn't hard to fake.

I assume your complaint is that there aren't any SE names on the letter; just "Legal Department." That's because they anticipated the backlash that is now underway and don't want to deal with the angry calls and e-mails that they would undoubtedly be getting if they had identified themselves by name. They'd much rather that the community's attempts at communication be routed harmlessly through their front desk into the round bin of the PR Department.

Frankly, the whole lot of you are greatly overestimating the pedestrian nature of corporate communication. Not every corporate document is a flowing fountain of literature, printed on sheep's parchment and girded into a gold-embroidered envelope with a wax seal. In fact, that kind of glitz rarely exists outside of a PR context. Most corporate communications are lame, ugly, rife with grammatical errors and structural deficiencies, and sophomorically worded in an attempt to be clever without really having the chops for it. We're dealing with a room full of worried individuals who recognize they have ignited a groundswell of contempt for them and their company. Their desire is to move the situation forward on their terms. They put out an anonymous C&D because it serves their interests.

I know that's pretty hard to swallow. I wish I could tell you more of the details, but that's not my decision to make. You don't have to believe the Compendium; you don't have to take us at our word. Belief is a dangerous thing in any case. But unless you have hard evidence to prove your case (which you don't, because you're wrong), then I suggest you go to some other site to spread your insinuations. You're not going to get any support here, and, if it were up to me, this kind of rumor-milling would be fast deleted.

Dark Serge

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Re: Cease & Desist Letter
« Reply #357 on: May 12, 2009, 05:10:58 pm »
so you're the square enix spy

Agent 12

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Re: Cease & Desist Letter
« Reply #358 on: May 12, 2009, 05:13:33 pm »
Were in digg's top 10.

--JP

Thought

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Re: Cease & Desist Letter
« Reply #359 on: May 12, 2009, 05:35:20 pm »
Most corporate communications are lame, ugly, rife with grammatical errors and structural deficiencies, and sophomorically worded in an attempt to be clever without really having the chops for it.

I think you give large organizations too much credit. Many, possibly even upwards of most, people who work in that situation undergo daily soul-crushing torture; I am doubtful that such individuals even have the desire to attempt to be clever.