It recently has come to our attention that, via the website {SITE_NAME} , you are
engaged in the commercial, for-profit, development and distribution of Starcraft® hacks and/or
cheats, including the hack referred to as "{HACK_NAME}," that are used to modify and alter the gameplay and performance of our client's videogames, including "Starcraft II: Wings of
Liberty."
Your creation and distribution of the {HACK_NAME} (and/or any other Starcraft hacks or
cheats) is in blatant violation of Blizzard's rights under federal and state law, and constitutes
copyright infringement (including direct infringement, secondary infringement, and inducement
to commit copyright infringement) and commercial misappropriation. See, e.g., Midway
Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009, 1013-1014 (7th Cir. 1983)
(copyright infringement via altering gameplay of arcade game); Micro Star v. Formgen, Inc., 154
F.3d 1107 (9th Cir. 1998) (sale of video game "mods" was copyright infringement). In addition,
you are engaged in the intentional interference of our client's contractual relationships with its
users, including express and implied agreements that prohibit the use of hacks and cheats such as
those offered for sale on your website. See MDY Industries, LLC v. Blizzard Entertainment,
Inc., 2008 WL 2757357, *14-15 (D. Az. 2008).
Our client's intellectual property is extremely valuable, and Blizzard takes very seriously any
attempt to trade off or profit from the use of its intellectual property. More critically, as you must be aware, your distribution of the {HACK_NAME} causes serious injury to the value and integrity of our client's products, as well as impairs (if not destroys) the game experience forothers.
Accordingly, demand hereby is made that you (1) immediately cease and desist from any
further distribution or sale of the {HACK_NAME} (or any other hacks or cheats), whether on the
website {SITE_NAME}, or on any other website; (2) provide us with a full and complete
accounting of your profits in connection with the {HACK_NAME} for all Blizzard products,
including the total number of sales of the {HACK_NAME} and income generated therefrom, and
(3) confirm to us in writing that the {HACK_NAME} has been removed from the
{SITE_NAME} website and/or any other website, and that you will take measures to
ensure that no additional hacks for Blizzard products are sold (including but not limited to hacks
for the Starcraft® series of games). Please inform us in writing of your agreement to these
terms, as well as the requested information, on or before the close of business on Friday,
September 3, 2010.
Please be advised that while our client wishes to resolve this dispute amicably, Blizzard is
prepared to vigorously enforce its rights, including, if necessary, by filing a lawsuit and seeking
any and all available legal and equitable remedies, including injunctive relief, monetary damages
(including statutory damages of up to $150,000 per work infringed), and attorneys' fees.
Nothing contained in this letter is intended to, nor shall it constitute, a waiver or relinquishment
of any rights, claims, defenses, or causes of action possessed by Blizzard, all of which expressly
are reserved.
hỏi nó, nó bảo ý tương tự thế ...
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