Zeus
04-06-2007, 11:43 AM
In typical scaremongering style, the ESA has been e-mailing hosts of web retailers. They claim that the selling of Wii and GC mods are in violation of the DMCA. The hosts have mailed their respective clients to issue them with an ultimatum, either remove the 'infringing material' within a few days or find their hosting account suspended due to a lack of compliance. Check inside for a copy of the mail that the ESA have been sending out. They could at least make their mails original to add some clout to their claims, instead they are doing the usual INSERT NAME mass e-mail :).
ESA's recent universal mail to Wii/GC mod retailers
The Entertainment Software Association ("ESA") is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries (collectively referred to as "ESA
members"). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.
ESA is providing this letter of notification to make xxxxx aware
of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.
Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its members' rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.
Based on the information at its disposal, ESA has a good faith belief
that the IP address xxxxx infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringingactivities. The copyrighted works that have been infringed include but are not limited to:
Nintendo Wii Console (Modchips)
Nintendo Game Cube Console (Modchips)
The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available
through the above-listed IP address. Those items are listed and/or identified thereon by their titles or variations thereof, game-related
listings/references/descriptions, or depictions of game-related artwork.
Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities, are hereinafter referred to as "Infringing Material."
Accordingly, ESA hereby requests xxxxx to immediately do the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms of Service Agreement, including termination of a repeat offender.
Please inform us whether you will remove or disable access to the
Infringing Material as requested. xxxxx or the account holder
may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
ESA's recent universal mail to Wii/GC mod retailers
The Entertainment Software Association ("ESA") is a U.S. trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States and in other countries (collectively referred to as "ESA
members"). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.
ESA is providing this letter of notification to make xxxxx aware
of material on its network or system that infringes the exclusive copyright rights of and is unlawful towards one or more ESA members.
Through the Berne Convention and other international treaties covering intellectual property rights, ESA believes that its members' rights in such entertainment software products are entitled to the full protection of the intellectual property law as well as other relevant laws of your country.
Based on the information at its disposal, ESA has a good faith belief
that the IP address xxxxx infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringingactivities. The copyrighted works that have been infringed include but are not limited to:
Nintendo Wii Console (Modchips)
Nintendo Game Cube Console (Modchips)
The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available
through the above-listed IP address. Those items are listed and/or identified thereon by their titles or variations thereof, game-related
listings/references/descriptions, or depictions of game-related artwork.
Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities, are hereinafter referred to as "Infringing Material."
Accordingly, ESA hereby requests xxxxx to immediately do the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms of Service Agreement, including termination of a repeat offender.
Please inform us whether you will remove or disable access to the
Infringing Material as requested. xxxxx or the account holder
may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association