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Old 24 January 2015, 14:35   #81
supaduper
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Here is the proof that you are a Smurf !!

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Old 24 January 2015, 14:59   #82
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Originally Posted by Doc View Post
Even better, explain that the target audience is just a couple of hundered users, ask for permission & put in something like a (C) Peyo S.A. banner on request. Maybe they'd even pay the lawyer.

As the lawyers have no office in Sweden, they'll have a hard time to get their money *IMO*. Any educated opinions on that?

My other suggestion involves his testicles a photocopier and a stamp
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Old 24 January 2015, 15:00   #83
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Your friggin' joking! Speechless. I'm never buying anything to do with smurfs again.

I don't think they'll get money off you. Just a scare tactic.

Anyway I've bookmarked this. Will keep an eye out.

Hey maybe it'll be as popular as Giana sisters now.
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Old 24 January 2015, 15:01   #84
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As said, pay absolutely nothing, sign absolutely nothing in response to this not ever.
There are companies out there that like to try their luck with things like this – an old debt of mine was once bought for 'pennies on the pound' – sold by a company that was never allowed to sell it, and the company was trying to get me to pay it even though the whole thing was in fact 'statute barred'. As soon as I pointed that out to them in a letter and told them that under no circumstances was I ever going to pay they backed off and dropped it completely.
There was a financial advisor at work that helped, but I also found a lot of information at TPUC – the peoples united community, although it seems that the particular stuff which helped me has been dropped in favour of well – more extreme action.

If they are accusing you of something it has to be done in a way that is legally watertight – suggest as such and most illegitimate operators will crumble.
Don't apologise, get advice and make your stand in a letter – legally.

Don't drop the game – just change the gfx! Tell then that you have ceased using the 'offending' material.
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Old 24 January 2015, 15:02   #85
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There is new sidescroller Smurfs 2 [ Show youtube player ]
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Old 24 January 2015, 15:11   #86
Marcuz
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He suggested you contact the actual owners of the copyright and explain the situation (free game in non competing market) and see if they will stop the action or grant you usage as long as its clearly marked as unaffiliated with the copyright owners (and remains free).
With no consideration - for a moment - for the niche market we are speaking about, the thing is not exactly right for me, as the owners of the content's rights in the game are more than just the studio there, as soundtracks were ripped from other games too.

I'm just saying, since there is music available for such no profit use under Creative Commons, or even graphics, before to propose such a thing to the studio owning the brand and the characters, I would at least be sure that ALL the rest of the content was useable.

But the first and more important thing, is to get rid of the menace of lawsuit. Consider, a shark-firm whose core businness is hunt for IP infringements, and it's payed for that by their clients should limit itself to the cease and desist letters; to ask money like that is both unfair (as one may not have the readyness to protect his rights) and a bully tactic; when you think that law exists to protect yourself from bullying...
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Old 24 January 2015, 15:57   #87
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Hi,

There are a couple of things to point out.

The company you mention (http://www.gevers.eu/) has a section on their website stating that a lot of fake e-mails have been sent out pretending to be from them. Looking at the e-mail that has been sent to you, it just seems a bit "off". Maybe its worth someone sending the body of the e-mail to the company with vital details removed to see if it is a standard template that they use.

Firstly, I've never known a company to just send an e-mail out of the blue demanding a very rounded figure of 2000 EUR. Normally it follows a chain of warning e-mails and letters.

That said, seems Studio Peyo went on a rampage in 2005 trying to get websites shutdown with even the slightest reference of the Smurfs, even one that was created as a joke translating English into smurf "http://www.theregister.co.uk/2005/11/08/smurf_domain_revenge/". However, from what I gathered, none of them were sent outright e-mails requesting payments.

Where is the line? That is the question. It's a very grey area. You could argue that your game is a tribute, or a historical reference under the fair use acts. Games TV's shows or magazines use clips from almost every game, do they have to seek permission before they can show a movie of it!?
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Old 24 January 2015, 18:06   #88
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The defendet already got the papers. Take into account one or two days for snail mail, it was short after his announcement. Scammers don't peek into forums like this, but web crawlers automacilly do.

This is not a simple email fraud.

Nevertheless, this is a case for lawyers. You can't argue the way you do. Magazines and tv broadcaster have the bills of free press, reporting about anything whatever trademark is involved.
Game developement is not for a historical purpose and it is nor free to use any registered trademark.

Unpleasing situation in our case.
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Old 24 January 2015, 18:12   #89
Mrs Beanbag
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TV broadcasters also most certainly DO pay for permission to use copyright works in any entertainment shows (maybe the News gets an exception)
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Old 24 January 2015, 18:19   #90
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Yes, and they certainly have an insurance and good lawyers.

There is always one lawyer involved when it comes to comedy or entertainment, as there is a thin line of what is acceptable as caricature or cartoon style. Without the company will be shut and ceased in no time.
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Old 24 January 2015, 21:30   #91
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Originally Posted by liviux76 View Post
Since "The Zone!" is accessible only by members how could they find the games if we keep them there?
I did ask and the answer was no... too much of a hot potato (ah crap, I said 'potato' on EAB )


p.s. anyone remember this? : http://www.theregister.co.uk/2005/11...omain_revenge/ (in simple terms don't ever try to be a Smurf™)

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Old 24 January 2015, 21:40   #92
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I did ask and the answer was no... too much of a hot potato (ah crap, I said 'potato' on EAB )


p.s. anyone remember this? : http://www.theregister.co.uk/2005/11...omain_revenge/ (in simple terms don't ever try to be a Smurf™)
Wayback machine, enough said.
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Old 24 January 2015, 21:41   #93
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Old 24 January 2015, 21:45   #94
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http://websmurfer.devnull.net/cgi-bi...Feab.abime.net
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Old 24 January 2015, 21:52   #95
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lol, now that is funny.

Retrogaming SmurfyDiscussion Smurfiest all round machine?
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Old 24 January 2015, 22:28   #96
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http://websmurfer.devnull.net/cgi-bi...ad.php?t=76750

Oh my...
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Old 24 January 2015, 22:47   #97
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Old 24 January 2015, 23:15   #98
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Old 24 January 2015, 23:54   #99
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Aw f*ck! I know I mentioned copyright but didn't think the bastards would stoop this low

Think the more places this gets posted about the better, the anger alone should persuade them to 'cease and desist' their petty lawsuit!
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Old 24 January 2015, 23:57   #100
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Hi Hipoonios. Got to say that this whole sordid affair pretty much sums up what is bad with the world today. Luckily there's a lot of support here - both logistically and morally - and it's evident that common sense seems to be the weapon of choice.

I'm not a lawyer, nor have I ever been sued. However, I've seen enough consumer shows on TV to know that you must NEVER pay a penny without getting some legal advice. So, print out everything you have and see a solicitor (or lawyer, or legal councillor...). In the UK there's a load of them offer a free initial consultation, hopefully there's a similar approach in your neck of the woods. Even if this is a scam, it's better to be safe than sorry.

Best of luck and I hope you continue to develop for the Amiga.
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