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Old 23 January 2015, 21:36   #41
saimon69
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Originally Posted by aysel View Post
Whilst they may be acting on behalf of the copyright holder this is nothing more than a simple begging letter. They can not instruct or demand that you pay anything, the only person who can do that is a judge upon issuing a court order.

They will never EVER take you to court, for exactly the same reason that companies who issue parking tickets never ever take anyone to court... because they can not demonstrate in a million years that the ACTUAL losses they have endured are proportionate to the amount of money they are asking for in their begging letter.

These are exactly the same as the companies/fraudsters who get a list of 20000 IP addresses and bang out letters to people who download films on PirateBay... ''Pay £500 and we will not take you to court''. Again, no one has EVER been taken to court.. they don't need to take anyone to court, they base their entire operating costs to make profit on 5% of the people just shitting themselves and just paying up straight away.... the 95% who throw the letter in the bin will never be contacted again.

Just finally, copyright infringement of this type would not be dealt with through a criminal prosecution, its a civil litigation matter... ideally just like parking tickets you shouldn't have replied and they would just move on... unfortunately they now know they have a 'live one'
Sounds like what Prenda Law or even that firm that was suing for a scan-to-email app did: are we in front of a patent troll testing new business models?

Last edited by saimon69; 23 January 2015 at 21:38. Reason: punctualization
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Old 23 January 2015, 21:55   #42
supaduper
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Tell them your a real life smurf who has fell on hard times and really they should thank you for reigniting the recent interest in their product !

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Old 23 January 2015, 22:07   #43
Mrs Beanbag
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actually reminds me of this bit of legal tomfoolery from back in 1995
http://www.rru.com/tru/

WARNING: 1990's web design!
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Old 23 January 2015, 22:09   #44
BigFan
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Originally Posted by supaduper View Post
Tell them your a real life smurf ...
LOL

please inform us when you go into court cosplaying
i don't want to miss the show

Reminds me of IKEA. They sued a girl about webhosting tipps on how to "ikea" your home.

I think this is part of automation. When the bot found possible infringement the letters will be printed and mailed no matter if it is worth the effort.

Last edited by TCD; 23 January 2015 at 22:25. Reason: Back-to-back posts merged.
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Old 23 January 2015, 22:16   #45
Predseda
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This is what I think too.
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Old 23 January 2015, 22:26   #46
alenppc
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This could all easily be a scam - fish out for borderline copyright infringment, threaten the author and ask for money (But really? IBAN and bank transfers to an anonymous entity? Surprised they are not using Western Union.)

It could also by a copyright troll but IMHO they would try to appear a bit more thorough with their notices.

Last edited by alenppc; 23 January 2015 at 23:18. Reason: typo
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Old 23 January 2015, 22:29   #47
Paul_s
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now awaiting the cracked release of Smurf Rescue...

Who'll get there first? Melon? Skidrow? Fairlight?
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Old 23 January 2015, 22:31   #48
Galahad/FLT
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Quote:
Originally Posted by alenppc View Post
This could all easily be a scam - fish out for borderline copyright infringment, threaten the autor and ask for money (But really? IBAN and bank transfers to an anonymous entity? Surprised they are not using Western Union.)

It could also by a copyright troll but IMHO they would try to appear a bit more thorough with their notices.
"Hello, I am a Nigerian General, and you have insulted our Smurf copyright, please pay the sum of £500 immediately via Western Union or we will retaliate.

By the way, I have been told that a relation of yours has died and left $100,000million dollars, and I am the executor of their will.

Please pay the sum of £500 immediately via Western Union or we will retaliate.
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Old 23 January 2015, 22:48   #49
Predseda
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Wir sind kleine blaue scheisse Leute. Give us your money. Resistance is futile!
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Old 23 January 2015, 22:49   #50
Retro1234
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Originally Posted by Paul_s View Post
now awaiting the cracked release of Smurf Rescue...

Who'll get there first? Melon? Skidrow? Fairlight?
Someone please please please do cracktro for Smurf Rescue not forgetting Studio Peyo
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Old 23 January 2015, 23:31   #51
Michael Sykes
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I was wondering about the copyright of the smurfs when I found the thread about the game here.
I mean just look at youtube.Companys complain about stuff like a radio playing music in the backgoud of a homevideo. So for guys like gevers, advertising the smurfs is like throwing down the gauntlet right in front of them.

I wonder if someone would have complained if it had only been uploaded to the zone or aminet.
The sad moral of the story seems to be no advertising website for new games that are still under copyright.

We could still meet in the park and share SD cards or disks, like back in the old days to avoid those incidents.
Let's hope it's true that barking dogs never bite.
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Old 23 January 2015, 23:32   #52
Simmo76
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Originally Posted by Galahad/FLT View Post
Tell them to fuck off.

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, 23:38   #53
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what a nightmare , i better bin minions then....

sad

mike.
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Old 23 January 2015, 23:50   #54
voyager
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It reminds me of this video.

"That Awesome Time I Was Sued For Two Billion Dollars"

[ Show youtube player ]
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Old 24 January 2015, 00:11   #55
TCD
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Originally Posted by voyager View Post
It reminds me of this video.

"That Awesome Time I Was Sued For Two Billion Dollars"

[ Show youtube player ]
Top quality entertainment
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Old 24 January 2015, 00:37   #56
adrdesign
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DONT PAY EVER!

I had some copyright warnings due to my music remake videos. You should know you can ALWAYS use copyrighted stuff according to the fair use as long as you dont make money nor cause a significant harm to their profit. I encourage you to make use of your RIGHTS. I usually include this copy-paste somewhere in the description, Its like a shield aganist those $%$

COPYRIGHT WARNING:

THE USE OF ANY COPYRIGHTED MATERIAL IS USED UNDER THE GUIDELINES
OF "FAIR USE" IN TITLE 17 § 107 OF THE UNITED STATES CODE AND SOME OTHER COUNTRIES. SUCH MATERIAL REMAINS THE COPYRIGHT OF THE ORIGINAL HOLDER
AND IS USED HERE FOR THE PURPOSES OF EDUCATION AND
CRITICISM ONLY. NO INFRINGEMENT OF COPYRIGHT IS INTENDED.

You are allowed to use copyrighted material for historical, educative, criticism or parody purposes. I think the better is state clearly its a fanmade game with educative purpose. Just post the game with the source, and explain a little how you did the game, not much. Instant win.

this video is a fine example of this
[ Show youtube player ]
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Old 24 January 2015, 00:51   #57
Marcuz
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Originally Posted by adrdesign View Post
COPYRIGHT WARNING:

THE USE OF ANY COPYRIGHTED MATERIAL IS USED UNDER THE GUIDELINES
OF "FAIR USE" IN TITLE 17 § 107 OF THE UNITED STATES CODE AND SOME OTHER COUNTRIES. SUCH MATERIAL REMAINS THE COPYRIGHT OF THE ORIGINAL HOLDER
Just asking off topic, is that warning even relevant, if you (from Spain) and the content whose copyright you eventually infringe is not published in US? Or if you don't name specific and relevant law of the country where the content whose copyright you have eventually infringed was published?
Thank you
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Old 24 January 2015, 00:59   #58
FastRobPlus
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Originally Posted by Neil79 View Post
Reddit's a fantastic start. And I just read it over on Amibay.
We should try to publicize this and see if we can shame the Smurf IP trolls.

I don't know much about Smurfs, but I'm betting if patent trolls were around smurf-land, Gargamel would be working there rather than trying to capture the blue guys.

I've just cross-posted to AtariAge
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Old 24 January 2015, 01:02   #59
adrdesign
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I usually put it in spanish, but you really don´t need the spanish word, because this law is running on almost every modern country (as states in "OTHER COUNTRIES" ).

"La utilización de cualquier material mediático en este canal está protegida por la Clausula de Uso Justo, contenida en el Acta de los Derechos de Reproducción y Copia de 1976*, la cual PERMITE LA REDIFUSIÓN DE MATERIALES PROTEGIDOS POR DERECHOS DE REPRODUCCIÓN CUANDO SON UTILIZADOS CON PROPÓSITO EDUCATIVO, DE ANÁLISIS O DE CRÍTICA Y COMENTARIO."
*spanish equivalent: says you can use copyrighted stuff for educative, analysis, criticism or comment purposes. It doesnt states anything about historical or parody uses, but in other countries is also allowed.

I really encourage you to find more about this specific law in your country. Most of this problems are solved just using these words as advice: think them like a spell, THEY REALLY WORK (along other words, like Habeas corpus, habeas data, etc).

I hope I wont have any problem with my sample libraries, thanks to the fair use guidelines

Last edited by adrdesign; 24 January 2015 at 01:10.
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Old 24 January 2015, 02:25   #60
idrougge
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Swedish law doesn't allow any electronic re-use of copyrighted properties. In print, you may reproduce parts of artwork for purposes of criticism, but that is governed by an altogether different law which doesn't cover web sites or games.
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