VOGONS


We've Been SLAPPed

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First post, by Snover

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"attorney client privilege" keeps me from posing the entire letter sent from Lawrence Y. Iser of GREENBERG GLUSKER, but basically we've been ordered to cease and desist the http://www.zetafleet.com/dev/rmt site, once again with unsubstantiated claims of copyright ownership. I've already spoken with Dean (canadacow) and we are on the case. They basically have no legal standing whatsoever, so we aren't going to take things lying down. Will keep you posted.

Yes, it’s my fault.

Reply 1 of 40, by teamster1975

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Incredible. I bet the arseholes have been sitting waiting until the emulation was nearing completion ready to pounce. I'd love to see the look on the litigator's face when they were presented with this one! Have they nothing better do do? POWER TO THE OLD SCHOOL! MIDDLE FINGER TO THE LAWYERS!

Reply 2 of 40, by Snover

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Originally I was going to basically say "you're wrong and stupid, and here's why" and list the subsection of the Berne act that specifically references works between 78 and 88 (I think those are the years). But Then, since I'm a minor, it's my parents that'll get shat on, so I conferenced with them and here's what I came up with.

I would be happy to comply with your request to remove all copyrighted material from my website. If you would please specify specifically which materials are copyrighted and provide documentation of the copyrights of these materials, I will gladly remove them.

I would just like to mention that there is no ROM download, which they claim there is, and also, information on how to extract ROMs and convert to human-legible format is not illegal. (It wasn't even encrypted!)

Yes, it’s my fault.

Reply 3 of 40, by teamster1975

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Sounds good to me, keep us posted Snover. Hopefully these tosspots will conclude there is nothing in violation and sod off.
I'm glad I downloaded the earlier versions of Canadacows's emulator 😁

Reply 5 of 40, by Snover

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Welcome /.ers! (I'm so glad I moved this to the new server!)
I suppose that would explain the 8000 views to this in just a couple hours!

I should really post the original letter, which shows just how clueless the lawyers are, since they are under the impression that the ROM is available for download because on the download page there is a link that says "Original ROM" -- but clicking on it just gives you a Javascript alert window, and has since the second day the site went live. WHOOPS, MAYBE WE SHOULD'VE INVESTIGATED A BIT FIRST!

Yes, it’s my fault.

Reply 6 of 40, by Nicht Sehr Gut

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Originally posted by canadacow Shame on you. As lawyers, you should know that the burden of proof regarding copyright lies with the individual claiming the copyright.

Congratulations Dean. Your response is almost perfect...no...wait...it is perfect. Your response was logically and factually-based, but you included just the right amount of "shame on you" in your letter and you didn't lower yourself by verbally blasting them (even though they certainly deserved it).

Reply 7 of 40, by Ender

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Originally posted by Nicht Sehr Gut
Congratulations Dean. Your response is almost perfect...no...wait...it is perfect. Your response was logically and factually-based, but you included just the right amount of "shame on you" in your letter and you didn't lower yourself by verbally blasting them (even though they certainly deserved it).



Indeed 'tis good. Remind me to talk to you next time ScummVM gets a C&D 😀

-- Ender
Project Leader,
http://www.scummvm.org/

Reply 8 of 40, by crazy_monkey

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Perfect letter, except for one thing...

You say:

No, the ROM is not available and has never been made availble on the site. On clicking the link that reads, "Original ROM", a window pops up that reads, "On request only." This is to verify that the individual indeed owns their own MT-32, there by making copy ownership legal (and to hopefully prevent harassing letters such as this).

then later....

If Roland were to begin producing the MT-32 again, I would see absolutely no point to my emulator. However, since the MT-32 is now a rare commodity (due to so few working ones in existance), an emulator serves a purpose for those unable to obtain one.

Perhaps I do not quite fully understand what you are actually doing?

Reply 9 of 40, by Ender

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Originally posted by crazy_monkey Perfect letter, except for one thing... If Roland were to begin producing the MT-32 again, I […]
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Originally posted by crazy_monkey
Perfect letter, except for one thing...

If Roland were to begin producing the MT-32 again, I would see absolutely no point to my emulator. However, since the MT-32 is now a rare commodity (due to so few working ones in existance), an emulator serves a purpose for those unable to obtain one.


Perhaps I do not quite fully understand what you are actually doing?



You have to remember that this C&D arrived from an attempt to have Roland freeware the ROM so it CAN be distributed freely with the emulator. So this makes sense in context.

-- Ender
Project Leader,
http://www.scummvm.org/

Reply 10 of 40, by crazy_monkey

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Ender wrote:

You have to remember that this C&D arrived from an attempt to have Roland freeware the ROM so it CAN be distributed freely with the emulator. So this makes sense in context.

Ahh, thank you. I will try to restrict my ignorant comments to /. in the future.

Reply 11 of 40, by Tau

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Sorry if this seems silly, but I just had to say WOW to the number of views to this thread!! It is currently sitting on 24,786 views. That's just amazing! Sure puts "being slashdotted" into perspective. 😀

Reply 13 of 40, by Snover

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The Electronic Frontier Foundation is considering our case! This means that we are much more secure than we were 24 hours ago. Also, prepare to see a full copy of the email I was sent to be posted soon.

Yes, it’s my fault.

Reply 14 of 40, by HunterZ

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Snover wrote:

The Electronic Frontier Foundation is considering our case! This means that we are much more secure than we were 24 hours ago. Also, prepare to see a full copy of the email I was sent to be posted soon.

That's awesome - I hope this works out well for everyone involved. Also cool that slashdot ran a story on it 😁

Reply 15 of 40, by canadacow

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Snover seems a little over zealous in this whole ordeal. I'm making it publicly known that I think all three parties involved should comply with the C&D order, otherwise you're giving Roland reason to bring a lawsuit against you. I would even suggest complete and total removal of the MT-32 zetafleet site until further notice (this is what would make Roland the happiest, ATM). Basically, there are far better, more mature ways of dealing with this. Thumbing your nose at a corporation is not one of those ways. Being patient, swalllowing your juvenile pride and letting things run their course, however, is. I am absolutely certain that Roland and I will eventually come to terms with which we are both mutually satisfied with, though I'm not exactly sure what terms those will be. Unfortunately, by antagonizing Roland, achieving favorable terms will be that much harder. Just putting in my 2 cents.

Last edited by canadacow on 2003-10-14, 17:44. Edited 1 time in total.

Reply 16 of 40, by teamster1975

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Sensible words Canadacow, thank goodness for reason where emotions are running high! How do your negotiations stand at the moment? Did you have any joy when you tried to get in touch? And also, have you put the project on hold until this nonsense is settled!

Matthew 😀

Reply 17 of 40, by HunterZ

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It's hard to say what I'd do without being in your shoes, but I know that a lot of VOGONS and Slashdot readers hope that you will stand up (although not necessarily thumb your nose) and not let Roland bully you with C&D threats. There's no reason they needed to do that - they should have worked things out with you first. I guess you have to expect knee-jerk reactions like that from the lawyers though. But, it's happened and we're all left wondering if you'll let Roland's lawyers stop your project.

They're hoping you'll get scared and take everything down. But they at least owe you a list of what specific things they think should be taken off your site(s).

Just my two cents. I hope this all works out well in the end.

Reply 19 of 40, by canadacow

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HunterZ wrote:

But, it's happened and we're all left wondering if you'll let Roland's lawyers stop your project.

I hope you'll understand if I answer with the quote heard all too often during legal proceedings.... "No comment"