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View Full Version : Advice wanted re my website



Mayhem
03-11-2003, 10:45 AM
It's just suspended for alleged copyright infringement. Yes, that big one from the IDSA currently doing the rounds regarding certain properties and the listing of Frogger, Mario, Pacman etc. Guess they are even starting to impinge on the C64 emulation scene ffs now. I'd like to know how they managed to track down my downloads page. I own an original copy of everything available, and to my knowledge, am allowed to make a backup of them (especially cartridges as they could go to bitrot heaven at any time). I would imagine any one with an original would be able to use such backups too. Any advice about where I have a leg to stand on and where I can go from here re my rights and legal standing? If it means removing the programs, then so be it, but it will be a complete bugger and a bummer for the site in general (as people rely on me to get new undiscovered emulation working versions of programs)...

digitalpress
03-11-2003, 12:57 PM
THAT sucks.

Did they shut you down or issue a cease and desist?

Were you given any options?

Can you post the message here?

Mayhem
03-11-2003, 02:55 PM
It's the standard autoletter coming from IDSA currently as I've spoken to a couple of other people "affected" by them... viz...

I am an authorized representative of the Interactive Digital Software Association (IDSA), which represents the intellectual property interests of almost thirty companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet.

IDSA is providing this letter of notification to make you aware of material available via its network or system that infringes the exclusive copyright and trademark rights of one or more IDSA members. This notice is addressed to you as an agent of [my webhost] for purposes of receiving notifications of claimed infringement. We hereby affirm that the IDSA is authorized to act on behalf of the IDSA members whose exclusive copyright rights we believe to be infringed as described herein."

"IDSA has a good faith belief that the Internet site found at http://www.mayhem64.co.uk/ infringes the rights of one or more IDSA members by offering for download one or more unauthorized copies of one or more game products protected by copyright, including, but not limited to:

Frogger
Mario
Pac Man

Through the Berne Convention and other international treaties covering intellectual property rights, we believe that our members rights in such games are entitled to the full protection of the intellectual property laws of your country.

The unauthorized copies of such game product[s] appearing on, or made available through, such site are listed and/or identified on such Internet site by their titles, variations thereof or depictions of associated artwork (any such game titles, copies, listings and/or other depictions of, or references to, any contents of such game product, are hereinafter referred to as "Infringing Material"). Based on the information at its disposal on 2/26/2003 1:20:22 AM GMT, IDSA believes that the statements herein accurately describe the infringing nature and status of the Infringing Material.

Accordingly, IDSA hereby requests [my web provider] to immediately remove or disable access to the Infringing Material at the URL address identified above.

Should you have questions, please contact the IDSA at the above listed mailing address or by replying to this email. Please also include the above noted Reference Number in the subject line of all email correspondence.

We thank you for your cooperation in this matter. Your prompt response is appreciated.

Regards,

Robert L. Hunter, IV
Interactive Digital Software Association"


My provider is the one who've decided to suspend my account based on this letter, IDSA are merely the initiators. Said provider will also decide if they will reopen my site at some point. Removing said downloads will no doubt be the RESULT of it reopening not a condition of it coming back. In other words, even though I have already offered to remove all progs, the site might still be deleted...

zektor
03-11-2003, 07:38 PM
Lots of them happening lately. I checked ISOnews.com today, and they're gone as well. That site has been up for a long long time, and while they never hosted ISO's of anything, the page now says they dealt in Modchip sales. I don't remember them selling chips either, but I guess that's teh way it goes.