Legal Matter!!! Help?

[Drug_Store]

Yesterday I received a email saying:

From: Susan Attwood [mailto:[email protected]] 
Sent: quarta-feira, 10 de Março de 2004 9:48
To: [email protected]
Subject: Illegal distribution of Digital Bridges and it's licensors' games
and intellectual property

Dear Sir/Madam 
I write on behalf of Digital Bridges Limited. We have noticed that you have
copies of the following games on your site www.drugstore.gsmhosting.net
namely: 
Arkanoid 
King of Fighters 
Puzzle Bobble 
Digital Bridges is the owner or distributor of such games, and is also
authorised by Taito Corporation, the owner of certain games, to act on its
behalf in these matters. 
Additionally, Digital Bridges is the exclusive games licensor for 2Fast
2Furious; the game that you are distributing is in breach of this licence
and is unauthorised by the licensors.
By allowing these games to be downloaded from your site, you are either
distributing unauthorised copies of Digital Bridges' and its licensors'
games in violation of the law, or have been negligent in allowing others to
do so. You are potentially liable for any damages that Digital Bridges and
its licensors may suffer as a result of your violation of the law. Damages
(and costs) could be significant, given the wide distribution of the
Internet
We expect these games, and all copies and references to it, to be removed
from the web-site, any forum and any other page within 48 hours. Please
confirm that you have done so by e-mail or in writing, or we may be required
to take further action against you.
S. Attwood 
Legal Counsel, Digital Bridges Limited 
3 Pitreavie Court, Pitreavie Business Park, Dunfermline, Fife KY11 8UU,
Scotland 


________________________________________________________________________

E-mail is an informal method of communication and may be subject to data
corruption, interception and unauthorised amendment for which Digital
Bridges Ltd will accept no liability. Therefore, it will normally be
inappropriate to rely on information contained on e-mail without obtaining
written confirmation.

This e-mail may contain confidential and/or privileged information. If you
are not the intended recipient (or have received this e-mail in error)
please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this
e-mail is strictly forbidden.

________________________________________________________________________

So I removed the games and replyed:

-----Original Message-----
From: Drug Store [mailto:[email protected]]
Sent: 10 March 2004 17:49
To: [email protected]
Subject: Re: Illegal distribution of Digital Bridges and it's licensors'
games and intellectual property


Hello,

The games that you mencioned were removed.
Please check the site, and please tell us if you see anything else that is
wrong.

We are very sorry for this, because we got the games from other sites, or
someone sented us. 
We do not had any intention of derespect the authors or owners. Our site,
only tries to give the best to cellular phone users...

Very sorry about this.

Please let us know, if everything is ok, and if everything is ok with those
games you mencioned.

PS: We removed the games links from servers, and also removed the hotlink
from the file name, but we left the names there. We only ask for some more
time, so we can removed the names and put others, because if I remove the
names there will be wholes in the frame. But if this also seems not right
for you, I´ll remove the names and leave the wholes meanwhile.

Thanks

Drug_Store

Drug_Store GSM
Portugal

http://www.drugstore.gsmhosting.net

Today I received their reply:

Hi

Thank you for disabling those links. 

I have had a quick look at the rest of your site, and have to tell you that your disclaimer on the front screen is ineffective. 
First of all, there is no such law as the Internet Privacy Act; secondly, even if there was, it wouldn't apply to you as you are a Portuguese site, not an American site; and finally, merely issuing such a disclaimer does not remove your liability for illegally distributing software - a crime is a crime, no matter whether it is committed in 'private or otherwise.

However, I would like to thank you for your co-operation.

Regards
Susan

So I wanna know if this is true, about the disclaimer and non existing law????

Thanks

That law aplyies to USA servers only.

[PhantomGSM]

ok so if lets say you had your site hosted on a usa server and were based in another country and you also had the usa "privacy disclaimer" would that make it ok and safe ?

break out the industrial strength, multi-lingual privacy disclaimer

Has anyone got a UK legal disclaimer as i want to upload some software but daren't till its safe

i mean we all have other legal reasons such as require a backup media of your original in case anything happens of course.


this really makes me wonder if co's that sell software should be charging themselves per machine using their own software after all if they don't pay their own license fee they could well be in breach of their own agreements hee hee

Regards

[Bph&co]

Originally Posted by Drug_Store

So I wanna know if this is true, about the disclaimer and non existing law????
Thanks

I think she is right. The situation is worse in USA at the moment. Check this
website for more info:

http://anti-dmca.org/

In Uk situation is similar since last October:

http://www.legislation.hmso.gov.uk/s...3/20032498.htm

European Union - they are trying to make it worse as we speak:

http://news.bbc.co.uk/2/hi/technology/3545839.stm

Best Regards

[Drug_Store]

Well my site is hosted by gsmhosting (zfrank) in germany I think.

So we are getting with no way out to secure our sites against these matters...

PS: I see I broke the rules again...
"This e-mail may contain confidential and/or privileged information. If you
are not the intended recipient (or have received this e-mail in error)
please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this
e-mail is strictly forbidden."

So I shoudn´t had posted the email completly... ups...

[ANTNT]

Welll that was a sneaky way of giving out her e-mail....

[luzer]

http://www.lpconline.com/internet_privacy_act.html

[VanHelsing]

Originally Posted by Drug_Store

Well my site is hosted by gsmhosting (zfrank) in germany I think.
So we are getting with no way out to secure our sites against these matters...
PS: I see I broke the rules again...
"This e-mail may contain confidential and/or privileged information. If you
are not the intended recipient (or have received this e-mail in error)
please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this
e-mail is strictly forbidden."
So I shoudn´t had posted the email completly... ups...

I think you have the right to post your mails wherever you want.