NEW TSR LEGAL THREAT!

[Pescado]

For anyone who hasn't noticed yet, we can haz new legal threat! As usual, it is both misdirected, going to the WRONG PEOPLE, as well as inaccurate, since their arguments over their own legality are meaningless and irrelevant assertions.

[Bloody Vane]

Crap! PMBD's domain comes up blocked as "adult" so I can't go look at it! Anyone want to quote for those of us who can't see?

[Requip]

"Please contact us if we can be of further assistance in clarifying any of the nuances regarding the ownership of the contact your customer is redistributing."


FAIL

[paperbeth]

as requested

Copyright infringement report - Urgent


Dear Sir or Madam:

We represent The Sims Resource (www.thesimsresource.com). A wholly owned
division of IBIBI HB, located in Sweden.

A brief description of our business model can be found here:
http://www.thesimsresource.com/helpcenter/about

It has come to our attention that a few domains using your host services
have waged a war against our company. Your customer, hosting the domain
"mustbedetroyed.org" has as its sole objective the destruction of our
site: http://paysites.mustbedestroyed.org/mission.html . Upon further
research it is apparent that this activity is in direct violation of
your TOS, specifically where copyright infringements are concerned.

Your customer has self-appointed himself to defend the position of
Electronic Arts, Inc., (EA) and its End User License Agreement (EULA)
for the Sims Label. Your customer maintains that our company and others
with similar business models violate the EULA listed here:
http://paysites.mustbedestroyed.org/. Yet it has been confirmed by EA
that the EULA listed is limited to the game software, and there exists a
separate EULA that applies to our business model:
http://bbs.thesims2.ea.com/community/bbs/messages.php?threadID=17989d983b8aa06886b13273b94f2387&directoryID=2&startRow=1&openItemID=item.2,item.43,item.61,item.104,item.41,item.127,item.23

Despite this clarification, your customer continues his defamation. In
short, EA states that our business model is NOT in violation of their
EULA. Your customer has a selective interpretation of the situation, and
on that basis alone, has mounted an army of disillusioned miscreants
against us.

We have also contacted your customer's previous hosting companies. He
boasts about "beyond the law" and hiding behind Asian hosts to thwart
our attempts. An example of our ongoing battle is listed here:
http://paysites.mustbedestroyed.org/legal/tsr.txt . Your customer has a
startling lack of regard for authority and continues to bounce from
hosts and providers. He is still using a combination of different
companies to hide his illegal activities:
http://www.robtex.com/dns/mustbedestroyed.org.html .

As listed on this page http://abuse.dreamhost.com/copyright/ , your
customer violates this policy by redistributing content without
authorization: http://paysites.mustbedestroyed.org/booty/ . Please note
that the attack is not limited to our company. In addition to this
violation he further condones software piracy and his forums propagate
discussions about redistributing content on other external sites as well.

We trust now that your customer's activities have been brought to your
attention you will find him in violation of your rules. Please contact
us if we can be of further assistance in clarifying any of the nuances
regarding the ownership of the contact your customer is redistributing.

Sincerely,
Thomas Isaksson
The Sims Reource

[Pescado]

He fails to grasp that the IP he is linking DOES NOT EVEN POINT to where he thinks it does, so he fails. MustBeDestroyed.org isn't even affiliated with PMBD, Must Be Destroyed is a generic subdomain provider.

[Immortelle]

Heh, looks like Thoma$$ has retaliated from the recent TSR atrocities with an effort of his own. (if you don't know what I am talking about check out the noticeboard above)  I suspect he is hoping that Pescado's ISP will terminate his account, effectively killing PMBD.  Keep hoping moron.  If what Pescado was doing was illegal, authorities would have shut him down ages ago  And breach of copyright?  Come on man, we all know you're only trying this angle to draw attention away from breaches of copyright that your own employees have committed.  Give it up already!  The EULA is the statement that matters and that has not changed.  And 'different companies'?.  We all know that is BS

[Darqstar]

Who did they send it to?  Did they really send it to Pescado himself?  

[Anouk]

"We are just a fansite!!!!!!!einz"

It's also pretty cute that they have to lie to even make anyone look twice. The EULA was never changed, and there is no seperate EULA for anything of The Sims 2 brand except maybe the fansite kit, wich does not create content but instead contains some images and crap, wich they used in vs 7 of their site.
They know they're liars, and they'll simply keep on bluffing.

[jssimone]

Your customer has a selective interpretation of the situation, and
on that basis alone, has mounted an army of disillusioned miscreants
against us.

HAAHAHAHAHAHAHA!!

Fail indeed.

[cookiepirate]

At least this time they didn't even TRY to sound all legal beagle, yet still they phailed at sounding professional.  They just don't learn, do they?

[Immortelle]

I just noticed something.  Thomas has contradicted himself.  He states clearly that TSR is a business.  Then turns around and claims the whole fansite thing.  You can't be both mate.  Pick one and stick with it.

[Anouk]

They should have hired a professional to write that.
I think they forgot to bold and supersize the word 'Thomas', because that's the only thing in that letter that really excists.
Their 'business'? Hidden under IBIBI. Their copyrights? Given up to EA Games by using their tools and file format. The 'different EULA'? Not for the Sims 2 Custom content tools. If they want copyrights, they should take the EULA to court and challenge. Untill that time, all they have is bluff and intimidation, and a little ddos here and there.

Not to mention the datamining that went on on their site wich they are trying to hide. Very professional.

[Darqstar]

So, Pescado, are you going to respond to the letter?  Just curious...

[dstar]

Thomas dahhling if your legal threat had any real oomph behind it - guess what - it would be written by a real lawyer - like the corporate ones for the busahemfansite you claim that you don't own, and don't illegally make money from by violating EA's EULA.

[sleegee]

I screamed with laughter after I read the epic phail of a legal threat.

Unless they've updated the copyright laws recently, I don't think pixels can be claimed as someones own work.  In which case if they did, EVERY creator would have to apply for a copyright when they modified the original piece...AND have permission from the original creator.

They should have hired a professional to write that.

I think Thoma$$ did.  He had Atwat or DOT write it