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05-05-24 10:25 AM
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Acmlm's Board - I3 Archive - ROM Hacking - Lost Thread #4026 New poll | |
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User Post
DahrkDaiz

Nipper Plant
U wan hax Mario?!








Since: 11-17-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 03:16 AM Link | Quote
From : legalnotice@noa.nintendo.com
Sent : Friday, March 31, 04:01:06
To : dahrkdaiz@hotmail.com
Subject : Legal Notice from Nintendo of America

Hello Mr. Travis Houk:

It has come to Nintendo of America's that you, Mr. Travis Houk, under the alias of DahrkDaiz, have illegal copies of the game Super Mario Bros. 3 hosted on your site at *link removed*. Legal action may swiftly take place if said files are not removed in a timely fashion.

Furthermore, emulation in general is illegal and unneccessary. There are many great ports to current generation console systems of all of your favorite games, including Super Mario Bros. 3.

Unfortunately, it is regrettable to have found out copyright laws and trademark infringement have also taken place under your alias. The popular title "Mario Adventure" has received great praise an attention and your work is impressive. As great as this may seems, it is still illegal and unnecessary. Legal action must be taken on your activities since there has been financial damage caused in your modifications of copyrigted games via usage of a ROM image file. We must also ask you to discontinue all activities relating to hosting ROM images, modification of them and any further infringement of Nintendo products. Legal action cannot be ignored in this case. It is believed waivering sales recently is due to the high attention and popularity of this "Mario Adventure" and your forthcoming "Luigi vs Mario". These two titles will undoubtedly cause drop in sales for our future Mario game products, such as The New Super Mario Bros., so we regret to say we are prosecuting you for you illegal activities.

Further information of our legal actions and court dates shall be e-mailed to you shortly. We will need your personal address and phone number. Denying this information will delay the process and cause more harm than good. Cooperation with the legal system will ensure that both parties will get this case solved swiftly and with justice.

We look forward to meeting you and discussing the issues at hand.

Nintendo Coorperate Manager
Nintendo of America
Redmond, Washington, USA




So yeah, due to this crap I won't be doing any more rom hacking for a while and if they're dead serious about this, not much of anything else. I'm royally screwed


(edited by DahrkDaiz on 04-01-06 02:03 AM)
AlexAR

Ninji


 





Since: 02-27-06
From: TX

Last post: 6288 days
Last view: 6285 days
Posted on 04-01-06 03:26 AM Link | Quote
Originally posted by DahrkDaiz


It is believed waivering sales recently is due to the high attention and popularity of this "Mario Adventure" and your forthcoming "Luigi vs Mario". These two titles will undoubtedly cause drop in sales for our future Mario game products, such as The New Super Mario Bros., so we regret to say we are prosecuting you for you illegal activities.




Are you serious? Like these suits are really gonna say something so complementary...

I'm sure your hacks are of elite quality..but cmon..like Nintendo would take the time to see what your "forthcoming" projects are...


oh..and "waivering" is spelled wrong...would Nintendo forget to use spell check?
its wavering
Guy Perfect









Since: 11-18-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 03:32 AM Link | Quote
There are numerous misspellings and grammatical inaccuracies in the notice. I'm suspicious about that myself.

Though they can't legally do anything unless you actually DID have the ROM or a modified copy thereof on your site. Either way, I would be careful in the immediate future.
DahrkDaiz

Nipper Plant
U wan hax Mario?!








Since: 11-17-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 03:33 AM Link | Quote
The problem is I DID have it and I told no one about the link. It was there for private beta testers...

Also, they attached a PDF of their copy of their deal with emulation and what not, same thing that's on their site I think.

I think they were complimenting me to make me feel like they were the good guys and doing the right thing.


(edited by DahrkDaiz on 04-01-06 01:44 AM)
Apophis

Ropa








Since: 11-17-05

Last post: 6286 days
Last view: 6285 days
Skype
Posted on 04-01-06 03:45 AM Link | Quote
this sucks man. i was really looking forward to LvM.
DahrkDaiz

Nipper Plant
U wan hax Mario?!








Since: 11-17-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 03:47 AM Link | Quote
Well I'm going to still work on it, this just means I can't really release it. Publicly. I'll find someway to get it out to the world. I just wonder if they'll attack others like Fusoya or BMF.
Arthus

140


 





Since: 11-17-05
From: Australia

Last post: 6498 days
Last view: 6498 days
Posted on 04-01-06 03:55 AM Link | Quote
Who knows, they might ask you to program old NES games and port them to later systems...
Deleted User
Banned


 





Since: 05-08-06

Last post: None
Last view: 6286 days
Posted on 04-01-06 03:59 AM Link | Quote
shit! I want to play this but...
Guy Perfect









Since: 11-18-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 04:02 AM Link | Quote
noalegal@nintendo.com is for reporting potential infringements. I believe legalnotice@nintendo.com is for prosecution.
DahrkDaiz

Nipper Plant
U wan hax Mario?!








Since: 11-17-05

Last post: 6287 days
Last view: 6286 days
Posted on 04-01-06 04:12 AM Link | Quote
Seems Sliver-X (owner of Panicus.org) got emails from both NOA and the site administrators about the ordeal
drjayphd

Torosu
OW! BURNY!








Since: 11-18-05
From: CT

Last post: 6288 days
Last view: 6286 days
Posted on 04-01-06 04:19 AM Link | Quote
(points at date)

I do hope that's the case, although with his profile, it might just be a coinkydink.
Sliver X









Since: 11-22-05
From: Panicus

Last post: 6295 days
Last view: 6294 days
Posted on 04-01-06 04:19 AM Link | Quote
Yeah, I got a letter from them as well:

From: nintendo@noa.nintendo.com
Date: March 31 12:52:29 PM PDT
To: worldmachine@panicus.org
Subject: Mario Adventure

Infringement of Nintendo Intellectual Property Rights
IDENTIFIED PROBLEM: Copyrighted ROM file on server.

Greetings:

We represent Nintendo of America Inc. ("Nintendo"), the owner of the
trademark(s) and/or copyrighted works listed above (the "Nintendo
trademark(s)/works"). It has come to our client's attention recently
that you are using the Nintendo trademark(s)/works in the hidden
page http://dahrkdaiz.panicus.org. This use is unauthorized, and we
are writing to demand that you immediately cease and desist this
infringement of Nintendo's intellectual property rights.

Nintendo has acquired substantial rights in the Nintendo
trademark(s)/works. Nintendo's customers--including many children and
their parents--have come to identify the Nintendo trademark(s)/works
with the high quality of Nintendo products. Your unauthorized use of
the Nintendo trademark(s)/works will tarnish Nintendo's reputation.

This infringement of Nintendo's intellectual property rights can
subject you to sanctions under applicable federal and state laws.
Accordingly, you must immediately cease and desist from any and all
use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo
trademark(s)/works, and (3) any mark which is confusingly similar to a
Nintendo trademark. This includes, but is not limited to, your
infringement of Nintendo's intellectual property as explained above.

I look forward to your immediate confirmation that you have taken the
necessary steps to resolve this matter. To that end, you may contact
me at either 206‑359‑6742 or StopInfringement@perkinscoie.com.

Sincerely,
Christie Hamilton
Nintendo of America Inc.
Consumer Service Department

Message(#6851-000372-58283725828)


My hosting providers have pulled Panicus.org down, as you can see if you try to access any page on it. I have no idea what's going to happen next.
Tweaker

Red Koopa








Since: 11-18-05
From: Rochester, NY

Last post: 6286 days
Last view: 6285 days
Skype
Posted on 04-01-06 04:27 AM Link | Quote
lol, happy April Fools to you too. ;P
Apophis

Ropa








Since: 11-17-05

Last post: 6286 days
Last view: 6285 days
Skype
Posted on 04-01-06 04:30 AM Link | Quote
I wish that were so. DD told me about this when he first received it. He just waited a while to decide to post about it. At first he wasn't sure what to do.
Deleted User
Banned


 





Since: 05-08-06

Last post: None
Last view: 6286 days
Posted on 04-01-06 04:32 AM Link | Quote
Originally posted by Tweaker
lol, happy April Fools to you too. ;P

aare this joke? wath this is...? joke? joke or not?
Sliver X









Since: 11-22-05
From: Panicus

Last post: 6295 days
Last view: 6294 days
Posted on 04-01-06 04:34 AM Link | Quote
No, it's not. My letter was dated yesterday.
spel werdz rite









Since: 11-19-05

Last post: 6286 days
Last view: 6285 days
Posted on 04-01-06 04:36 AM Link | Quote
Originally posted by Tweaker
lol, happy April Fools to you too. ;P

Wait what?

I'm so going hindsight bias here, but I knew that Darhk Daiz, if anyone would not put a totallt modified ROM on the Internet.

I'm still confused a bit though...
KTurbo

Poppy Bros. Jr


 





Since: 11-19-05
From: Schweden

Last post: 6288 days
Last view: 6286 days
Posted on 04-01-06 04:40 AM Link | Quote
See. I think the way they got to know about DD's hack is through that newspaper(?) site which reviewed it. I surely didn't tell them. What a pity...
Tweaker

Red Koopa








Since: 11-18-05
From: Rochester, NY

Last post: 6286 days
Last view: 6285 days
Skype
Posted on 04-01-06 04:47 AM Link | Quote
Just read the letter - you can tell that the style of writing isn't professional enough to be real. I'll post an authentic example:


From: law@iprights.com
To: drx@hacking-cult.org
Subject: URGENT - SONIC TRADE MARK INFRINGEMENT

Dear Sirs

Our client: SEGA Europe Limited

We act on behalf of SEGA Europe Limited (SEGA) in the
enforcement of its Intellectual Property Rights in the United
Kingdom.

As you will be aware, Sega is world famous and is recognised as being an
industry leader in interactive entertainment. Sega, and its software
developer Sega Technical Institute (STI) have created a game called
Sonic X-Treme. As a result of the recent actions of several former
STI employees, a large ammount of attention has been driven to this
game.

Further, SEGA is the owner of a UK trade mark registration for SONIC THE
HEDGEHOG. We attach details of the UK registered
trade mark for your information.

It has come to our client's attention that through the service
provided by your hacking-cult.org website, users are able, by
clicking on a link on your website featuring the Sonic X-Treme trade
mark, to download an unauthorised and illegal version of our client's
Sonic X-Treme game. In this regard, your website is currently listing
Sonic X-Treme as number 1 in its 'News' and a substantial number of UK
users used your services to download this game in the UK.

By providing this service to UK users using the Sonic X-Treme name,
you are infringing the SONIC THE HEDGEHOG trade mark in the UK. Further,
our client is concerned that due to the volume of illegal copies of our
client's Sonic X-Treme game being provided via your service our client
is losing substantial sums of money in hard work of many STI developers.

This email is ask that you immediately remove the link complained of, and
to confirm that there will be no further misuse of the SONIC THE HEDGEHOG
trade mark in relation to your services.

In the meantime, our client reserves its rights in respect of any causes
of action available to it in this matter and in respect of any claim for
costs and/or damages against you. In this regard, your speed in complying
with our requests will be taken into account.

Yours faithfully

Willoughby & Partners

The Isis Building, 193 Marsh Wall, Thames Quay, London, E14 9SG, United
Kingdom

Tel: +44 (0)207 345 8888 Direct Fax: +44 (0)207 345 4555
law@iprights.com

www.iprights.com

IMPORTANT: The contents of this email and attachments are confidential
and may be subject to legal privilege and/or protected by copyright.
Copying or communicating any part of it to others is prohibited and may
be unlawful. If you are not the intended recipient you must not use,
copy, distribute or rely on this email and should please return it
immediately or notify us by telephone. While we take every reasonable
precaution to screen out computer viruses from emails, attachments to
this email may contain such viruses. We cannot accept liability for loss
or damage resulting from such viruses. We recommend you carry out your
own virus checks.

This message has been scanned for viruses by MailControl, a service from
BlackSpider Technologies.


They use a pre-written template and fill in key words later. There's a least three more letters almost exactly like this around the internet. =P

Also, if the email was real, they'd tell you to keep it confidential (in most cases, like this). That's not fair to judge by though, so I'll obstain.
HyperHacker

Star Mario
Finally being paid to code in VB! If only I still enjoyed that. <_<
Wii #7182 6487 4198 1828


 





Since: 11-18-05
From: Canada, w00t!
My computer's specs, if anyone gives a damn.
STOP TRUNCATING THIS >8^(

Last post: 6286 days
Last view: 6286 days
Posted on 04-01-06 04:52 AM Link | Quote
Dude! Don't post that here, what if they find it? They could get the whole board shut down!
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Acmlm's Board - I3 Archive - ROM Hacking - Lost Thread #4026 |


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