EAB user sued for making an amiga game

mjnurney

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FROM EAB...

http://eab.abime.net/showthread.php?t=76750




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
frown.gif


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


Last edited by hipoonios; Today at 15:53.





So beware if your making games .....people are watching, even the Amiga scene...

mike,
 
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-Acid-

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That email looks as genuine as a Chinese Nintendo cartridge to me. What legal company would demand a sum of money and give you account details in an opening cease and desist email if at all?
 

NinjaRabbit

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It's not suspect at all - the thread on EAB also mentions that the related official documents were delivered to Hipoonios' home address. It is unfortunately most likely legitimate.

Whilst a great many companies do turn a blind eye to fan-made works featuring their characters, not all do, and that is within their rights. It's usually left be as, unless something is very offensive or could damage the brand concerned in some other way, it tends to foster goodwill, though.

Anyway, it is unfortunate that it was aimed at something, as noted in the EAB thread, that's ultimately so small, and I hope that Hipoonios is able to get good legal help so as to deal with what's currently being demanded by the firm representing Studio Peyo.
 
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mjnurney

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agreed,

eab thread...

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/



i hope it can be worked out with any heavy handedness by legal people...

its hard to believe they would pursue an Amiga game.
 
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Templar

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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)

You're thinking wrong mate. It doesn't matter if your game is created by the newest available language on the latest computer on earth, or in FORTRAN in a computer of the 70s. Licence is licence I'm afraid. Because you created a game for an old computer doesn't give you the permission to use stuff which they are under licence, even if one person just downloaded it.

Probably someone is the snitch around here as you said, but it's better to create original games, so that you'll have your peace of mind clear.
 

mjnurney

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very true i can't argue with that..

if you use copyrighted property then trouble may come your way. however a simple remove and desist would of been adequate surely?

anyway i hope it all gets sorted out.
 

NinjaRabbit

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however a simple remove and desist would of been adequate surely?
Going by the e-mail screencap, apparently that's what this is. :eek: I've never heard of a Cease & Desist letter also demanding legal fees, but I don't doubt that it happens a lot.
 

Templar

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Mike, just don't pay anything and don't sign any paper yet.

Just a reminder, do you know that DC Comics sued Valencia football team, because their bat-logo looked like (not even exactly the same) their batman logo and they forced them to change it? Crazy, but true.
 
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FastRobPlus

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This is pretty outrageous if true. That does look like a fake C&D. My first inclination would be to report them to whatever scam-watch agency exists in the UK/EU on the assumption that this is a 419 scam.

What is it about the Smurfs in Europe and Mickey Mouse in the US that people actually like? I've never been able to like or dislike such bland characters and ideas.

BTW has anybody ever seen this review of the original Smurf Rescue? It's one of the best reviews ever written.
 
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mjnurney

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its not me being sued , its Mikael Persson on EAB. He made the Smurf Rescue game...

:)
 

FastRobPlus

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Probably someone is the snitch around here as you said, but it's better to create original games, so that you'll have your peace of mind clear.


If true, I suspect that those patent and IP vultures have an automated search that scours the internet for real and imagined infractions. A quick search for smurf rescue (a real game from the 80s) called this game up in the first screen of results.
 

Templar

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If true, I suspect that those patent and IP vultures have an automated search that scours the internet for real and imagined infractions. A quick search for smurf rescue (a real game from the 80s) called this game up in the first screen of results.

VPN is the answer here. ;)
 

NinjaRabbit

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If true, I suspect that those patent and IP vultures have an automated search that scours the internet for real and imagined infractions.
There are actually copyright and trademark protection firms who offer this service, and analysis of their findings - companies pay them to protect what's theirs and assess what presents them with the most risk.

It's one of those things you inevitably learn about if you have an interest in the licensing and merchandising fields. :p
 

FastRobPlus

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I know (I've worked full time for game and console companies for the last few decades.)

Here in the US, there is a sense of "use it or loose it" where companies feel obligated to protect their IP even if they don't feel there was a threat. The logic goes: if they don't sue every random guy for drawing a picture of Mario and selling it for $1, that lack of action could be used as a defense for a Chinese company who makes a million counterfeit Mario plush dolls.
 
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NinjaRabbit

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I know (I've worked full time for game and console companies for the last few decades.)

Here in the US, there is a sense of "use it or loose it" where companies feel obligated to protect their IP even if they don't feel there was a threat. The logic goes: if they don't sue every random guy for drawing a picture of Mario and selling it for $1, that lack of action could be used as a defense for a Chinese company who makes a million counterfeit Mario plush dolls.
Oh, cool! :D Must be a fun field to work in, that one.

Anyway, I'm not really sure of the prevailing attitude over here in the UK. I just know that it seems to differ by company, from what I've seen, and I guess that applies to the rest of Europe as well, since it inevitably leads to things like this topic covers...
 

ColourWheel64

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Mmmm, very interesting indeed. Though I hope there are ways around it.

Game of Smorfs anyone? How about le mings?

Doesn't bode well on a few of my projects going live. I guess I'll be forced to use my brain and be original instead. Damn.
 
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voyager_1701e

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What a crock! If the letter is true, simply a C&D letter seems a more measured response.

Im not a legal eagle, but that letter seems like some 13 year old wrote it....it seems to try to use legal terminology, but the structure seems all wrong for a well defined legal request. However, being the author of the game in question is Swedish, maybe it is a translated letter not the original?
 
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