'Seawolves' contains Mods by... - Page 42

Shadow9216 · 09-25-05, 02:25 PM

I just advised iambecomelife in the mods forum to send reg mcneal a "cease and desist" notice, with copies on all the major forums (fora), as well as to the publishers; I recommended including that he will consider all options available to him in the event they choose to disregard the notice.

They backed off once before, maybe they'll back down again if the original modders contact them specifically advising them that consent was not obtained prior to release. Perhaps the publication of that notice might be enough to dent sales and/or give marketers pause for thought...

I had offered before to draft a letter detailing X1's nefarious behavior. Although that idea died, I think it would be a good idea for the community, specifically those modders whose work was purloined, to get a summary of previous X1 dealings to place alongside summaries of X1's current dealings- would certainly help create a stronger, more straightforward case. Maybe someone could translate it into German, print it off, and leave copies at the stores where seewolves is being sold? Make people think anyway...

CWorth · 09-25-05, 03:29 PM

I see things this way...they stole the mods which is a fact and are planning on doing it again,BUT...unless someone actually does something about it in a court action or lawsuit you will get nowhere.

All your posts in this thread and elsewhere simply wont do anything.X1 simply ignores you and goes ahead anyhow.You have to take legal action not simply yap and complain about it on a forum if you actually want to stop them.Talk is cheap and actions DO speak louser than words.

The Avon Lady · 09-26-05, 01:54 AM

This has to be handled by lawyers in the legal realm (Germany? EU?) where the marketer is located.

Maybe we need to set up a community legal fund and chip in a bit? :hmm:

Any attornies here? Or anyone with an attorney friend that can help?

Legal recourse is the way to stop them and make them pay through the nose, if they are indeed guilty of intellectual property theft.

Gizzmoe · 09-26-05, 02:46 AM

WhatÂ´s the evidence so far? We know that some AOTD Clan sounds were used without permission. What else have they included without asking the owners?

Mowgli · 09-26-05, 03:19 AM

Quote:

Originally Posted by Gizzmoe

WhatÂ´s the evidence so far? We know that some AOTD Clan sounds were used without permission. What else have they included without asking the owners?

We shall have to get a copy and examine it. But it is fairly safe to say that if they "used without permission" just one mod, then they have shown they are more than willing to "use" other mods.

vils · 09-26-05, 04:08 AM

Hm not very wise to shut the uboot site down, this only shows that X1 has won. They wanna stop mod-sharing, and apparrantly the admin of uboot-site is accepting this by shuttin ghis site down.

Re-think this pls, [...] <Moderator edit: Do not suggest illegal behaviour - Gizzmoe>

Gizzmoe · 09-26-05, 04:22 AM

I had to delete two posts and edit two others in this thread since Friday, thatÂ´s too much. Please behave!!!!!

joea · 09-26-05, 05:34 AM

Quote:

Originally Posted by Gizzmoe

WhatÂ´s the evidence so far? We know that some AOTD Clan sounds were used without permission. What else have they included without asking the owners?

Well you saw "Reg" claiming they are planning patches to add Leigh Lights, zig zag convoys, a hospital ship unit (whose? iambecomelife wrote specifically his mod si not for payware) and woflpacks with firign subs. All are current recent freeware mods, pretty sucpicious, or maybe they'll ask the modders permission before adding them to the patch.

The Avon Lady · 09-26-05, 05:44 AM

Quote:

Originally Posted by joea

Quote:

Originally Posted by Gizzmoe

WhatÂ´s the evidence so far? We know that some AOTD Clan sounds were used without permission. What else have they included without asking the owners?

Well you saw "Reg" claiming they are planning patches to add Leigh Lights, zig zag convoys, a hospital ship unit (whose? iambecomelife wrote specifically his mod si not for payware) and woflpacks with firign subs. All are current recent freeware mods, pretty sucpicious, or maybe they'll ask the modders permission before adding them to the patch.

See JoeA's post here for the details.

Is there a lawyer in the house?

Gizzmoe · 09-26-05, 07:51 AM

Quote:

Originally Posted by joea

Well you saw "Reg" claiming they are planning patches to add Leigh Lights, zig zag convoys, a hospital ship unit (whose? iambecomelife wrote specifically his mod si not for payware) and woflpacks with firign subs. All are current recent freeware mods, pretty sucpicious, or maybe they'll ask the modders permission before adding them to the patch.

Yes, I saw it, but for a lawyer itÂ´s more relevant whatÂ´s in the commercial package thatÂ´s for sale in stores right now. What they release in a patch in a month or so doesnÂ´t matter at the moment.

Seeadler · 09-26-05, 08:12 AM

Quote:

Originally Posted by Gizzmoe

Yes, I saw it, but for a lawyer itÂ´s more relevant whatÂ´s in the commercial package thatÂ´s for sale in stores right now.

the most relevant thing for a lawyer is the litigation value because he base his bills on it.

For Seawolves this value is 24.95â‚¬, so for the first consultation he may require only 17â‚¬ based on the BRAGO (BundesgebÃ¼hrenordnung fÃ¼r RechtsanwÃ¤lte) because the litigation value is below 300â‚¬

Duke of Earl · 09-26-05, 08:31 AM

Quote:

Originally Posted by The Avon Lady

This has to be handled by lawyers in the legal realm (Germany? EU?) where the marketer is located.

Maybe we need to set up a community legal fund and chip in a bit? :hmm:

Any attornies here? Or anyone with an attorney friend that can help?

Legal recourse is the way to stop them and make them pay through the nose, if they are indeed guilty of intellectual property theft.

No one here has standing to sue X1... except the modder who has suffered actual damages due to actual copyright infringement... but, what are the damages, if any?... and does the modder hold an actual copyright to anything?...

Then, there is the question of what law applies, what court has jurisdiction, and where is the proper venue for litigation?...

Right now, private detectives are probably needed to gather in all the facts.... names, addresses, dates, telephone numbers, website login records, emails, retail sales records, software publication records, etc.... before any lawsuit is filed...

Gathering pre-suit evidence, just to determine what liability and damages exist, if any at all, is very time consuming and requires a lot of voluntatry cooperation from other people, which is seldom forthcoming...

Cordialement, Duke of Earl

The Avon Lady · 09-26-05, 08:59 AM

Well then..............................

........................... bomb them!

Psycluded · 09-26-05, 09:05 AM

/me agrees & sends the B-2s.

Ostfriese · 09-26-05, 11:36 AM

FYI: Gamestar, one of Germany's best selling PC Game Magazines, doesn't even mention X1's filthy piece of junk in the latest issue (11 / 05, will be in stores on Wednesday, subscribers got their issues today).

09-26-05, 01:54 AM	#3
The Avon Lady Über Mom Join Date: May 2005 Location: Jerusalem, Israel Posts: 6,147 Downloads: 5 Uploads: 0	This has to be handled by lawyers in the legal realm (Germany? EU?) where the marketer is located. Maybe we need to set up a community legal fund and chip in a bit? :hmm: Any attornies here? Or anyone with an attorney friend that can help? Legal recourse is the way to stop them and make them pay through the nose, if they are indeed guilty of intellectual property theft. __________________ "Victory will come to us from the wombs of our women." - Houari Boumedienne, President of Algeria, Speech before the UN, 1974

09-26-05, 04:08 AM	#6
vils Sailor man Join Date: Jan 2002 Posts: 49 Downloads: 1 Uploads: 0	not very wise Hm not very wise to shut the uboot site down, this only shows that X1 has won. They wanna stop mod-sharing, and apparrantly the admin of uboot-site is accepting this by shuttin ghis site down. Re-think this pls, [...] <Moderator edit: Do not suggest illegal behaviour - Gizzmoe>

09-26-05, 08:59 AM	#13
The Avon Lady Über Mom Join Date: May 2005 Location: Jerusalem, Israel Posts: 6,147 Downloads: 5 Uploads: 0	Well then.............................. ........................... bomb them! __________________ "Victory will come to us from the wombs of our women." - Houari Boumedienne, President of Algeria, Speech before the UN, 1974

09-26-05, 09:05 AM	#14
Psycluded A-ganger Join Date: Apr 2005 Location: Pacific Theater Posts: 71 Downloads: 8 Uploads: 0	/me agrees & sends the B-2s. __________________ Psycluded - Dad. Gamer. Programmer Captain, USS Drum (SS-228), Gato class US Submarine

09-25-05, 02:25 PM	#1
Shadow9216 Frogman Join Date: Jun 2005 Posts: 296 Downloads: 91 Uploads: 0	I just advised iambecomelife in the mods forum to send reg mcneal a "cease and desist" notice, with copies on all the major forums (fora), as well as to the publishers; I recommended including that he will consider all options available to him in the event they choose to disregard the notice. They backed off once before, maybe they'll back down again if the original modders contact them specifically advising them that consent was not obtained prior to release. Perhaps the publication of that notice might be enough to dent sales and/or give marketers pause for thought... I had offered before to draft a letter detailing X1's nefarious behavior. Although that idea died, I think it would be a good idea for the community, specifically those modders whose work was purloined, to get a summary of previous X1 dealings to place alongside summaries of X1's current dealings- would certainly help create a stronger, more straightforward case. Maybe someone could translate it into German, print it off, and leave copies at the stores where seewolves is being sold? Make people think anyway...

09-25-05, 03:29 PM	#2
CWorth Grey Wolf Join Date: Apr 2005 Location: Gettysburg PA Posts: 845 Downloads: 38 Uploads: 0	I see things this way...they stole the mods which is a fact and are planning on doing it again,BUT...unless someone actually does something about it in a court action or lawsuit you will get nowhere. All your posts in this thread and elsewhere simply wont do anything.X1 simply ignores you and goes ahead anyhow.You have to take legal action not simply yap and complain about it on a forum if you actually want to stop them.Talk is cheap and actions DO speak louser than words.

09-26-05, 02:46 AM	#4
Gizzmoe Silent Hunter Join Date: Mar 2005 Location: Germany Posts: 3,668 Downloads: 4 Uploads: 0	WhatÂ´s the evidence so far? We know that some AOTD Clan sounds were used without permission. What else have they included without asking the owners?

09-26-05, 04:22 AM	#7
Gizzmoe Silent Hunter Join Date: Mar 2005 Location: Germany Posts: 3,668 Downloads: 4 Uploads: 0	I had to delete two posts and edit two others in this thread since Friday, thatÂ´s too much. Please behave!!!!!

09-26-05, 11:36 AM	#15
Ostfriese Sea Lord Join Date: May 2004 Location: Northern Germany Posts: 1,850 Downloads: 0 Uploads: 0	FYI: Gamestar, one of Germany's best selling PC Game Magazines, doesn't even mention X1's filthy piece of junk in the latest issue (11 / 05, will be in stores on Wednesday, subscribers got their issues today).