Game Hacking & DMCA

[lolbob]

My jurisdiction is: California, United States

To whom it may concern:


Nexon America Inc. ("Nexon") is the owner of the Website,
www.nexon.net (the "Website") The website
contains Nexon''s copyrighted material and the intellectual property in
the Video Games on the Website, which include the games Combat Arms and
MapleStory (the "Games"), as well as the original images on the Website
and embedded in the Games, and the object and source code for the site.
In addition, Nexon is the owner of the trademarks NEXON, Combat Arms and
MapleStory, as well as hundreds of other trademarks used in association
with the website.


You are currently hosting the following website: http://gamehaxerz.com/
(the "Rogue Website"). This website is a haven for developers and users
of hacks and private servers of the Games, and for those who have
illegally misappropriated Nexon''s intellectual property: The people who
run this Rogue Website specifically sells these unlawful hacks and
allows its members to distribute illegal software and allows for the
development and download of hack and private server software for the
Games based on the pirated source code of the Games and thus allows
criminal activity to flourish on their forums. Because of this, the
Rogue Website is severely damaging the Games and is hurting Nexon''s
business.


You need to look no further than some of the examples here:
http://www.forum.gamehaxerz.com/mapl...erver-f54.html,
http://www.forum.gamehaxerz.com/combat-arms.html,
http://www.forum.gamehaxerz.com/game...tion-t268.html,
http://www.forum.gamehaxerz.com/mapl...nload-f53.html,
http://www.forum.gamehaxerz.com/mapl...-discussion-f6
4.html, to see Nexon copyrighted source code, artwork and protected
Trademarks all over the site which is used by the owner to
misappropriate and encourage the use of illegal hacking and private
server software by others who visit the site.


IT IS VERY IMPORTANT THAT YOU SHUT DOWN THIS WEBSITE IMMEDIATELY. There
does not appear to be any responsible monitoring or administration of
the Rogue Website, but they appear to encourage criminal activity. If
this Rogue Website is not shut down immediately, it will cause
irreparable harm to Nexon.


I hereby state that Nexon America Inc. is the owner of copyright in the
images attached hereto and that to the best of my knowledge and belief,
the infringing use was not authorized by it, its agents or the law. I
further declare under penalty of perjury that this notice is accurate
and that I am authorized to act as Nexon America Inc.''s agent in this
matter. Pursuant to the Digital Millennium Copyright Act, your Terms of
Service and your AUP, Nexon America Inc. demands that you shut down the
Rogue Website and remove the infringing material contained on said site.




You may reach me by e-mail at lkorn@nexon.net if
you have any questions about this matter. The foregoing is not intended
as a complete statement of our rights and remedies, all of which are
hereby expressly reserved.


Sincerely,


Lloyd Korn




Lloyd Korn
Nexon America Inc.
General Counsel
Main (213) 858-5930
Fax (213) 858-5940
Email lkorn@nexon.net
www.nexon.net

I got an email from my host telling me to remove the sections because it violates the DMCA. They stated that they did not check the validity of the claim, I removed the sections anwyays. But, I don't think that any of the content on the server is copyrighted or made by Nexon. DMCA's are only for copyrights, surely programs made by other people (not Nexon) and hosted on my site isn't illegal. Can't I have these sections on my site without getting in trouble under the fair use policy in the DMCA?

 

[Michael Wechsler]

This is an issue of traditional copyright law and it's called contributory infringement and vicarious liability. If you are hosting a forum where this activity is going on and, after warning, you don't stop the unlawful activity from happening on your "property/premises" then you can be found liable for helping to contribute to copyright infringement. It seems rather straightforward and makes sense, no? After all, wouldn't you want to hold the person liable who is, e.g. providing a room for people to sell illegal copies of your products?

That said, I don't know what the posts stated. But if you've got an active and ongoing area where the intellectual property belonging to another are being illegal bought and sold, you're going to have problems.

 

[Knightcrawler]

Ripping and Redistributing Game Assets

My jurisdiction is: California, United States. Coincidence.

I was wondering what laws and what lines in said laws protect game assets (models, images, music, sound effects, animations, etc.) from being ripped and distributed without permission of the game's publisher. I'd assume the Digital Millennium Copyright Act is the law, there might be more I'm missing and I'm sure I'd misinterpret a lot of it. I just want to make sure that a certain community mods a game as legally as possible going forward and doesn't find itself in a bad situation.

By the way, of course all of this is not for profit.

 

[Michael Wechsler]

Copyright law covers game assets such as images, music, sound effects and animations. There is nothing but technology protecting the action of ripping. The DMCA is what helps you get content taken down from web sites quickly after discovering that someone has used your property without authorization.

 

[Knightcrawler]

Thanks, that's the answer I anticipated.