SydLexia.com

1/9/2008

Plumbers with guns are coming to kill me…

Filed under: Stuff — Syd Lexia @ 6:44 pm

The following in an e-mail I received yesterday:

Re: http://www.sydlexia.com/news/?p=275

IDENTIFIED PROBLEM: Web site uses a Nintendo trademark (Princess Peach) in the code of the page.

Dear Syd Lexia,

We are an Internet monitoring agency representing Nintendo of America Inc. (Nintendo). We are writing to ask you to stop using the Nintendo properties in the hidden text/visible text/meta tags and/or title and/or links of the above-referenced sexually explicit Web site. Nintendo’s customers include many children and their parents. Unauthorized use of Nintendo trademark(s)/work(s) is harmful to those customers and will tarnish Nintendo’s reputation.

We look forward to your immediate confirmation that you have taken the necessary steps to resolve this matter. To that end, you may email us at StopInfringement@cyveillance.com.

Please note that these are automatic email boxes so typically no response is sent as long as the problem is corrected.

Sincerely,
Cyveillance

If anyone has any advice as to how I should proceed, speak now.

3 Comments

  • Posted by posterblabber on January 9th, 2008 at 11:29 pm  

    don’t listen to them.
    i’ve seen more people make sexually explicts on more forums than you can see.

    mainly from 4chan and shit like that. :pacman:

  • Posted by tomrussell on January 10th, 2008 at 10:50 am  

    I would say play it safe and remove the image, replacing the text with your standard “I said no more hentai!” response, or perhaps a more colourful “My lawyers inform me that I should say no more hentai”. That way, should Nintendo threaten legal action, you can demonstrate that they are acting in bad faith. My understanding is that Cyviellance uses search bots, and they found the words “Princess Peach” next to a certain colourful expression beginning with “F”, and so it raised a red flag.

    While this doesn’t seem like a DRM threat exactly, should they try to slap a DRM takedown notice on you, you have to send them a counter-notice. They then would have ten days in which to sue you. If this went to trial (which I doubt it would), it could be demonstrated that they are acting in bad faith. The DRM system, which is grossly flawed, was not created with robots in mind. The reason why Viacom got in trouble for the whole Youtube take-down thing was that they were flagrantly abusing DRM.

    Removing the image would take away the biggest part of their argument– that you’re violating copyright on a sexually explicit web page. Removing the image would basically neutralize this particular case. Should they send you another notice, or follow it up with a DRM– which they might because they’re using robots and not people to do this work for them– they have no leg to stand on legally.

    Should they send you an actual DRM notice, you can also appeal to Boing-Boing and the ACLU for help, advice, and support, both of which are strong opponents of the DRM system. But I think you’d have to remove the image to make your standing stronger legally.

    Hope that all made sense. :1up:

  • Posted by The S on January 17th, 2008 at 12:51 pm  

    I work in the same field, for one of Cyveillance’s competitors (the only one that actually does ANYTHING, btw). I can tell you this is a load of crock. For one thing, if Nintendo actually cared, they would be sending you a Cease and Desist themselves; I’ve seen it done many times before. Cyveillance does indeed use more bots than humans to do their work, and this may just be an instance of such. Still, overall, maybe the safest thing to do is remove the image and replace it with something clever. If they still come after you, shoot me an e-mail and I’ll see what I can do on my end.


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