- Nythera from Artix Entertainment acknowledges that bots do not use their copyrighted material; meaning that they know that the DMCA notices they issue to "Hacks/Cheats/Bot" sites are invalid, misrepresentations, are are an abuse of the DMCA system (http://www.copyright.gov/title17/92chap5.html#512 - DMCA § 512 subsection f). As seen in OPG v. Diebold, and stated in DMCA § 512 (f), Artix Entertainment will be responsible for any damages including legal fees incurred by whomever they issue a notice to.
- Ethan Henderson <firstname.lastname@example.org> Thu, May 1, 2014 at 11:54 AM
- To: email@example.com
- Hello Artix Entertainment,
- I recently received your DMCA takedown request for http://zbee.me/aq and would like to get a little bit more information about it.
- I understand that botting the game is against the Terms of Service, and that the code for AQ of course belongs to you all.
- But, what I do not understand is how it violates your copyright, and would enjoy it if you were to oblige me and to show me how it does so. You say that the botting client (Le Bot and Dark Mystic, presumably) has stolen your artwork and code, but as I understand it, it acts simply as a client for your existing code and not actually modifying it or redistributing it on its own.
- I understand that by violating your Terms of Service you have every right to ban me from the game, but as far as I am a aware, I am not actually infringing upon your copyrights. As stated previously, from what I know the software I've been distributing only acts as a sort of client for your copyrighted works, it does not actually take it and modify it, only utilizes it as a normal user does without requiring them to be there. Again, warranting a ban on the user's part, but I see not how this infringes upon copyright and warrants taking away what is equivalent to nearly half of my website's traffic.
- Ultimately, I'm happy to comply with a legitimate takedown request -though I really wish you'd contacted me directly, you clearly visited my website and could have gone to my contact page-, but currently I don't understand how this is one.
- Ethan Henderson
- Web Developer & CEO
- nythera <firstname.lastname@example.org> Mon, May 5, 2014 at 9:52 AM
- To: email@example.com
- Dear Ethan,
- My name is Nythera, Head of Player Support for Artix Entertainment. Your email was escalated to me and I will be happy to respond!
- First off, I would like to apologize that someone from my company did not try and contact you directly first. We process multiple DMCA's per day and have a process going, so contacting you seemed to be overlooked as we do try and contact the person hosting possible infringing content first, if there is contact information.
- I would like to explain bots vs. copyright material. It is true that the bots you have created and are hosting are not technically using our copyrighted material. At first glance, it does seem that way due to the artwork displayed, which is why the DMCA was originally intended to be used (for mainly copyrighted artwork, media, etc). Everything you said is correct - you are not directly violating our copyrights. However, you are directly violating our Terms & Conditions: http://www.aq.com/aw-terms.asp.
- We very much appreciate that you love our game and have gone out of your way to create something associated with it, but we do not allow any association with bots. We are a small company and bots hurt us very much. We cannot afford the time and money to fight everything illegal that is created/hosted online that circumvent playing the game in the way it was intended, but we do everything we can do. Bots also cause unfair advantages in our game, when we have so many other players who play the game fairly and are become upset and frustrated when there are players who don't. We just want the game to be as safe and fun for everyone.
- We are honored that you have an AQWorlds page on your own website, even though it is regarding something that is not allowed. By the way, this site - http://www.aq.com/help/aw-accounts-reinstate.asp - is outdated and no longer works. I would very much appreciate it if you could remove anything having to do with bots for AQWorlds on your website. I don't feel we need to go to the extent of banning your character, as you are a longtime player and fan. You say on your website that you are a web developer, game creator and you love making free things and helping small companies - have you thought of creating a free fansite for AQWorlds or creating videos to put on your website about how to play our game/specific quests/events/etc instead of harmful and illegal bots? I'm sure there is a way that you can still have something on your website associated with AQWorlds if you like, but not anything that is harmful to the game or our company. :)
- Thank you so much for your reply and for your love and support of AQWorlds. I look forward to your reply!
- Nythera (Stacia Spradlin)
- Head of Player Support
- Artix Entertainment LLC
My emails with Nythera
Zbee Nov 4th, 2014 (edited) 245 Never
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