Got sued for an AMIGA game made with BACKBONE in 2015! - Page 2

paul1981 · 23 January 2015, 19:05

Up to 50 downloads and zero profit for you, minuscule to zero exposure to Amiga fans (zero to general public!).... I just don't see how they could prove any loss of earnings.... I have difficulty taking this seriously because of that. It's their job to do this but in your case there has been no loss to Studio Payo and so no claim can be made.
Make it clear that further correspondence from yourself will be charged at £10,000 per letter.

As for the €500 crap, I hope you're not thinking of paying it? And besides, emails don't count in this case because there's no guarantee you'd check it or it wouldn't end up in spam or something.

pandy71 · 23 January 2015, 19:12

Go to lawyer and contact with rights owner (after lawyer consultancy) - i believe that all doubts should be on your side and i believe that you was not aware of braking/violating any law and as you removed game then you showed a good will. For sure you should not pay anything without aligning with your lawyer.

Don't bother - you have 5 days from moment when you read message but once again - ask lawyer (and as Swedish citizen only Swedish law apply in your case).

paul1981 · 23 January 2015, 19:13

I wouldn't think that a member on here reported you, seriously. IMHO I'd say they found your game all by themselves as they're payed to do so.

ma693541 · 23 January 2015, 19:14

Do you old folk's like me remember the unofficial Smurf CD's with the voices in the song's on a high pitch, like the Smurf Macarena and so on? I have one of them and there was atleast made a thrilogy of them. I have never heard that the producer behind them got sued and this was a cd given out at the -90ths.

Don't be stupid hipoonios to sign anything or pay the money they sue you for, let a lawyer help you out here. Pity a company like Studio Peyo sue someone and not being flattered by someone making a game for a computer as that old. Shame on them.

Im sure many here have Facebook, so we should have made a page like 'Boycott Studio Peyo' and the reason why, because they sue a nice guy who have made a game for a computer there the hardware is 30 year's old.

Retro1234 · 23 January 2015, 19:15

Return to sender
Dont live here

: Also whats wrong with backbone slideshow?

supaduper · 23 January 2015, 19:18

Quote:

Originally Posted by ma693541

do you old folk's like me remember the unofficial smurf cd's with the voices in the song's on a high pitch, like the smurf macarena and so on? I have one of them and there was atleast made a thrilogy of them. I have never heard that the producer behind them got sued and this was a cd given out at the -90ths.

Don't be stupid hipoonios to sign anything or pay the money they sue you for, let a lawyer help you out here. Pity a company like studio peyo sue someone and not being flattered by someone making a game for a computer as that old. Shame on them.

Im sure many here have facebook, so we should have made a page like 'boycott studio peyo' and the reason why, because they sue a nice guy who have made a game for a computer there the hardware is 30 year's old.

+1

Also it says on wiki that the publishing rights are now with: Le Lombard

Paul_s · 23 January 2015, 19:46

I had a bad feeling when I first saw your game - wish I'd said something at the time.

Smurfs is pretty hot property at the moment (last major film in 2013). I bet no one would have bothered you if The Smurfs franchise hadn't had a revival in the past few years.

Hope you find some resolution to it all. I'd ignore the demands for money - I would hazard a guess they'll probably leave you alone now you've removed the 'offending' material.

Lemming880 · 23 January 2015, 20:02

This is so wrong. I hope you get it solved. Such a shame for losing this game. You've put so much hard work in it.

jimbob · 23 January 2015, 20:04

Hang on, they sent you a demand for legal fees, by email, addressed to Mr Persson, (sic). Sure. take the game down to be on the safe side but otherwise ignore completely, you should not have sent any message in reply.

Or, if you have money to burn. you could sign the letter, send the payment, in cash, all smeared in your best beer shits.

Or if you have nothing more pressing to do, you could make it your lifes mission to be a lot more trouble than you're worth, maybe get yourself a rocket car and a solid gold house out of the whole thing.

Neil79 · 23 January 2015, 20:04

It's now on Reddit!
http://www.reddit.com/r/retrogaming/...y_studio_peyo/

Predseda · 23 January 2015, 20:15

Quote:

Originally Posted by ma693541

Im sure many here have Facebook, so we should have made a page like 'Boycott Studio Peyo' and the reason why, because they sue a nice guy who have made a game for a computer there the hardware is 30 year's old.

I wouldnt do it worse

Mrs Beanbag · 23 January 2015, 20:19

I'm no lawyer but there are so many things wrong with this.

It starts with "Cease and desist" but it is not just a cease and desist, they are also demanding money. But i also don't see any sort of summons or court order so legal action hasn't really been taken yet? You can't just write to people demanding money for services you didn't want, as far as i know. In my opinion they are just chancing it. It doesn't look like the proper procedure to me at all.

nobody · 23 January 2015, 20:20

Who the f..k is studio puyo. Never heard of these lamers, now they got some free publicity which cost more than 500€.

Thorham · 23 January 2015, 20:25

Quote:

Originally Posted by nobody

Who the f..k is studio puyo.

Studio Peyo, from the Smurfs.

gazj82 · 23 January 2015, 20:29

I would say until this has been through a court they have no right in demanding any sum's of money owed!

Otherwise they could just make up any figure (like they have). It is up to them to prove you guilty of a crime through the normal legal system before they can demand any type of damages.

Not sure where you or they are from but if that's across borders it's unlikely they would pursue that route. I would personally send them a letter explaining the circumstances if they still play silly buggers ignore them after that.

nobody · 23 January 2015, 20:30

I will call them Puyo, I hope they don't ask me money with e-mails for this.

aysel · 23 January 2015, 20:31

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'

Paul_s · 23 January 2015, 20:31

Quote:

Originally Posted by nobody

I will call them Puyo, I hope they don't ask me money with e-mails for this.

You've posted twice in this thread about it so please send me 1000 euros in a brown envelope

gazj82 · 23 January 2015, 20:33

Quote:

Originally Posted by aysel

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.

I think you have just said what I was trying to say but a lot better

nobody · 23 January 2015, 20:36

Quote:

Originally Posted by Paul_s

You've posted twice in this thread about it so please send me 1000 euros in a brown envelope

OK then. Send me an e-mail.

23 January 2015, 19:05	#21
paul1981 Registered User Join Date: Oct 2013 Location: England Posts: 424	Up to 50 downloads and zero profit for you, minuscule to zero exposure to Amiga fans (zero to general public!).... I just don't see how they could prove any loss of earnings.... I have difficulty taking this seriously because of that. It's their job to do this but in your case there has been no loss to Studio Payo and so no claim can be made. Make it clear that further correspondence from yourself will be charged at £10,000 per letter. As for the €500 crap, I hope you're not thinking of paying it? And besides, emails don't count in this case because there's no guarantee you'd check it or it wouldn't end up in spam or something. Last edited by TCD; 23 January 2015 at 20:41. Reason: Back-to-back posts merged.

23 January 2015, 19:15	#25
Retro1234 Phone Homer Join Date: Jun 2006 Location: 5150 Posts: 5,790	Return to sender Dont live here : Also whats wrong with backbone slideshow? Last edited by Retro1234; 23 January 2015 at 20:05.

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23 January 2015, 19:12	#22
pandy71 Registered User Join Date: Jun 2010 Location: PL? Posts: 2,858	Go to lawyer and contact with rights owner (after lawyer consultancy) - i believe that all doubts should be on your side and i believe that you was not aware of braking/violating any law and as you removed game then you showed a good will. For sure you should not pay anything without aligning with your lawyer. Don't bother - you have 5 days from moment when you read message but once again - ask lawyer (and as Swedish citizen only Swedish law apply in your case).

23 January 2015, 19:13	#23
paul1981 Registered User Join Date: Oct 2013 Location: England Posts: 424	I wouldn't think that a member on here reported you, seriously. IMHO I'd say they found your game all by themselves as they're payed to do so.

23 January 2015, 19:14	#24
ma693541 Computer Wizard Join Date: Aug 2007 Location: Ramberg/Norway Posts: 928	Do you old folk's like me remember the unofficial Smurf CD's with the voices in the song's on a high pitch, like the Smurf Macarena and so on? I have one of them and there was atleast made a thrilogy of them. I have never heard that the producer behind them got sued and this was a cd given out at the -90ths. Don't be stupid hipoonios to sign anything or pay the money they sue you for, let a lawyer help you out here. Pity a company like Studio Peyo sue someone and not being flattered by someone making a game for a computer as that old. Shame on them. Im sure many here have Facebook, so we should have made a page like 'Boycott Studio Peyo' and the reason why, because they sue a nice guy who have made a game for a computer there the hardware is 30 year's old.

23 January 2015, 19:46	#27
Paul_s Registered User Join Date: Nov 2006 Location: Amigaville Age: 46 Posts: 3,337	I had a bad feeling when I first saw your game - wish I'd said something at the time. Smurfs is pretty hot property at the moment (last major film in 2013). I bet no one would have bothered you if The Smurfs franchise hadn't had a revival in the past few years. Hope you find some resolution to it all. I'd ignore the demands for money - I would hazard a guess they'll probably leave you alone now you've removed the 'offending' material.

23 January 2015, 20:02	#28
Lemming880 Registered User Join Date: Nov 2014 Location: Netherlands Posts: 260	This is so wrong. I hope you get it solved. Such a shame for losing this game. You've put so much hard work in it.

23 January 2015, 20:04	#29
jimbob Registered User Join Date: May 2006 Location: Kilmacolm Age: 46 Posts: 632	Hang on, they sent you a demand for legal fees, by email, addressed to Mr Persson, (sic). Sure. take the game down to be on the safe side but otherwise ignore completely, you should not have sent any message in reply. Or, if you have money to burn. you could sign the letter, send the payment, in cash, all smeared in your best beer shits. Or if you have nothing more pressing to do, you could make it your lifes mission to be a lot more trouble than you're worth, maybe get yourself a rocket car and a solid gold house out of the whole thing.

23 January 2015, 20:04	#30
Neil79 Autistic 'n IRN! Join Date: Jul 2012 Location: - Posts: 2,983	It's now on Reddit! http://www.reddit.com/r/retrogaming/...y_studio_peyo/

23 January 2015, 20:19	#32
Mrs Beanbag Glastonbridge Software Join Date: Jan 2012 Location: Edinburgh/Scotland Posts: 2,243	I'm no lawyer but there are so many things wrong with this. It starts with "Cease and desist" but it is not just a cease and desist, they are also demanding money. But i also don't see any sort of summons or court order so legal action hasn't really been taken yet? You can't just write to people demanding money for services you didn't want, as far as i know. In my opinion they are just chancing it. It doesn't look like the proper procedure to me at all.

23 January 2015, 20:20	#33
nobody Registered User Join Date: Dec 2013 Location: GR Age: 47 Posts: 1,416	Who the f..k is studio puyo. Never heard of these lamers, now they got some free publicity which cost more than 500€.

23 January 2015, 20:29	#35
gazj82 Registered User Join Date: Jan 2014 Location: Cambs / UK Posts: 356	I would say until this has been through a court they have no right in demanding any sum's of money owed! Otherwise they could just make up any figure (like they have). It is up to them to prove you guilty of a crime through the normal legal system before they can demand any type of damages. Not sure where you or they are from but if that's across borders it's unlikely they would pursue that route. I would personally send them a letter explaining the circumstances if they still play silly buggers ignore them after that.

23 January 2015, 20:30	#36
nobody Registered User Join Date: Dec 2013 Location: GR Age: 47 Posts: 1,416	I will call them Puyo, I hope they don't ask me money with e-mails for this.

23 January 2015, 20:31	#37
aysel Registered User Join Date: May 2014 Location: Mansfield Posts: 30	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'

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