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Old 23 January 2015, 17:32   #1
hipoonios
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Got sued for an AMIGA game made with BACKBONE in 2015!

Yes, it is true! Remember my crappy Smurf game I made in Backbone just a few weeks ago? "Studio Peyo" (the owners of The Smurfs trademark) have sued me for have creating an unlicensed video game of The Smurfs.

Now I know pretty well that you are not allowed to make unlicensed video games or use others work without permission, but this is just a game made in BACKBONE for a 30 year old computer. LOL... this is insane! I'm sure they don't even know what an Amiga is. And I doubt more than 50 people have downloaded it. How much do you think I must pay for this? ... (see the attached screenshots)

I have seen a lot of other people creating video games with famous characters. Also there are a few in the works (like the Danger Mouse game and Evil Minions etc). Also seen a few unlicensed conversions of games. Now I don't think you have to be worried because I think I know who it was who did this to me. A guy in the community does not like me very much. So I'm sure it was him who told Studio Peyo about it. (nope, I will not mention his name here). There is so many things that makes me suspect that lamer.

So Smurf Rescue and my other game SuperTed (just in case) has been removed. And no more Amiga games from me

http://www.hipooniosamigasite.org/files/uploads/1.png
http://www.hipooniosamigasite.org/files/uploads/2.png

Last edited by hipoonios; 23 January 2015 at 17:53.
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Old 23 January 2015, 17:35   #2
Predseda
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I always though non profit (=free) games are out of this juricdiction? :-$
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Old 23 January 2015, 18:00   #3
Steve T
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Originally Posted by Predseda View Post
I always though non profit (=free) games are out of this juricdiction? :-$
A free game could hurt sales of a real, licensed game, loss of earnings as a result for the parent company. Not that I'm defending them or agree with this silly action.
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Old 23 January 2015, 18:04   #4
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The website of the firm tells that they are pretty much copyright infringement hunters. It's silly the unproportion of the attack. But before to pay, any money, consult a legal friend if you have one at hand!

Last edited by Marcuz; 23 January 2015 at 18:10.
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Old 23 January 2015, 18:12   #5
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Well, that's sad news. I'm sure it would be more safe to create original content, but just like You say those people even do not know what amiga is.
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Old 23 January 2015, 18:13   #6
hipoonios
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I first thought this was scam. But it is apparently not. They even sent a a whole stack of papers to my home address.

This is the company who sent me this crap: http://gevers.eu/

Last edited by hipoonios; 23 January 2015 at 18:19.
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Old 23 January 2015, 18:14   #7
TMR
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Quote:
Originally Posted by Predseda View Post
I always though non profit (=free) games are out of this juricdiction? :-$
There's no legal protection for non-profit works in this context (unless perhaps a fair use or parody exemption exists that could be "bent" a little) so anybody using someone else's trademark will always be running the risk of a legal response from the owner of that mark... although this is the first time i've heard of anyone being expected to stump up legal fees on the first pass.

i've had cease and desist emails myself over the name of one game that i wrote which had just been released on the Atari 8-bit and Commodore 264 series at the time (long story, follow the link) and there have been other examples over the years.
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Old 23 January 2015, 18:35   #8
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Quote:
Originally Posted by hipoonios View Post
Yes, it is true! Remember my crappy Smurf game I made in Backbone just a few weeks ago? "Studio Peyo" (the owners of The Smurfs trademark) have sued me for have creating an unlicensed video game of The Smurfs.

Now I know pretty well that you are not allowed to make unlicensed video games or use others work without permission, but this is just a game made in BACKBONE for a 30 year old computer. LOL... this is insane! I'm sure they don't even know what an Amiga is. And I doubt more than 50 people have downloaded it. How much do you think I must pay for this? ... (see the attached screenshots)

I have seen a lot of other people creating video games with famous characters. Also there are a few in the works (like the Danger Mouse game and Evil Minions etc). Also seen a few unlicensed conversions of games. Now I don't think you have to be worried because I think I know who it was who did this to me. A guy in the community does not like me very much. So I'm sure it was him who told Studio Peyo about it. (nope, I will not mention his name here). There is so many things that makes me suspect that lamer.

So Smurf Rescue and my other game SuperTed (just in case) has been removed. And no more Amiga games from me

http://www.hipooniosamigasite.org/files/uploads/1.png
http://www.hipooniosamigasite.org/files/uploads/2.png



Most important: do not sign that "contract" and do not pay any money. Go to your preferred advocate and ask him for advise as soon as possible. Usually he will write a response offering a reduced fee and agreements without future consequences.

If you sign their letter unchanged, they will sue you for 500 Euros everytime you say "smurf" in the public.
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Old 23 January 2015, 18:42   #9
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They say nothing about WHEN you have to pay, no date....
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Old 23 January 2015, 18:43   #10
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This is why we can't have nice things
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Old 23 January 2015, 18:53   #11
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That's plain madness!

Don't sign anything, go to a good lawyer and see what he can do.

Usually they'd just tell you to drop everything and go away, not asking for any money.

Maybe your lawyer can at least avoid you to pay the legal fees...
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Old 23 January 2015, 19:01   #12
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I think they're in it for the money.
One person from AtariAge got a "cease and desist" warning for his "Sharnado" A2600 game.
http://atariage.com/forums/topic/234...holdcancelled/

I think they should have done at least this.
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Old 23 January 2015, 19:11   #13
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Quote:
Originally Posted by hipoonios View Post
Yes, it is true! Remember my crappy Smurf game I made in Backbone just a few weeks ago? "Studio Peyo" (the owners of The Smurfs trademark) have sued me for have creating an unlicensed video game of The Smurfs.

Now I know pretty well that you are not allowed to make unlicensed video games or use others work without permission, but this is just a game made in BACKBONE for a 30 year old computer. LOL... this is insane! I'm sure they don't even know what an Amiga is. And I doubt more than 50 people have downloaded it. How much do you think I must pay for this? ... (see the attached screenshots)

I have seen a lot of other people creating video games with famous characters. Also there are a few in the works (like the Danger Mouse game and Evil Minions etc). Also seen a few unlicensed conversions of games. Now I don't think you have to be worried because I think I know who it was who did this to me. A guy in the community does not like me very much. So I'm sure it was him who told Studio Peyo about it. (nope, I will not mention his name here). There is so many things that makes me suspect that lamer.

So Smurf Rescue and my other game SuperTed (just in case) has been removed. And no more Amiga games from me

http://www.hipooniosamigasite.org/files/uploads/1.png
http://www.hipooniosamigasite.org/files/uploads/2.png
Tell them to fuck off.

Inform them you've removed the game, that you're 13 years old and you promise not to do it again, and please don't tell my granddad as he's recently had to adopt me as both my parents died in an accident a month ago.

Since when the FUCK does sending a letter cost 2000? Normal rates are 40 per letter.

Pay them the fuck nothing.

Is there anything that links you to the name Hipoonios? Its an alias, your website got hacked, you've been away, either way, pay those grasping fuckers ZERO money.

They would have to take you to court in your country.

Cease and desist is fine, trying to extract money as well is taking the piss.

Perhaps if their website was to suffer a 'failure' of some sort, they'd back the fuck off
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Old 23 January 2015, 19:18   #14
Neil79
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Galahad/FLT is completely spot on!

Money hungry tossers
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Old 23 January 2015, 19:24   #15
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Follow Galahad's advice.
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Old 23 January 2015, 19:49   #16
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WTF??
Yes, you should not do anything without going first to a lawyer.
I guess they are in the right to sue you, you used a trademark. But the fact that it was for an old machine, and there was no impact at can run for your side.
I wounder if a letter explaining that it was only for fun, and no interest in making money and that the software was removed will be enough.
I think a lawyer is the best solution. But as Galahad/FLT said, don't pay nothing for now.
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Old 23 January 2015, 19:50   #17
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and change the name of the game to " The T*rds " and follow Galahads advice because thay are rogue amberlamp chasers( look it up on LL, LoL )
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Old 23 January 2015, 19:59   #18
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Sorry to hear this and point out your young age 13.

Also this game was for yourself

for 20 year old machine

if they do cause you trouble I think we cause them trouble?

:If anything you have given them free advertisment!

Last edited by Retro1234; 23 January 2015 at 20:09.
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Old 23 January 2015, 20:00   #19
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Quote:
Originally Posted by Galahad/FLT View Post
Tell them to fuck off.

Inform them you've removed the game, that you're 13 years old and you promise not to do it again, and please don't tell my granddad as he's recently had to adopt me as both my parents died in an accident a month ago.

Since when the FUCK does sending a letter cost 2000? Normal rates are 40 per letter.

Pay them the fuck nothing.

Is there anything that links you to the name Hipoonios? Its an alias, your website got hacked, you've been away, either way, pay those grasping fuckers ZERO money.

They would have to take you to court in your country.

Cease and desist is fine, trying to extract money as well is taking the piss.

Perhaps if their website was to suffer a 'failure' of some sort, they'd back the fuck off
Aye, not even apple went this far when my theming site got served a cease and desist, . I just removed all the stuff they had issues with and that was that.
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Old 23 January 2015, 20:02   #20
hipoonios
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Thanks for all help/suggestions! We will see what will happen now. Sent a message earlier today so we will have to wait and see what they say. But it's weekend now so don't think I will get a reply before Monday.

I forgot to tell one important thing in my first post. They sent me an e-mail about 5 days ago and told me that i have 3 days to remove the game. If I did that I would "only" need to pay the 500, I guess. Unfortunately they sent the message to a mail address I rarely check (the one I used to register the domain). So the time have passed

http://www.hipooniosamigasite.org/fi...1-11-07-34.png

I will keep you guys informed.
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