cease and desist
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Unofficial Lemmings for iPhone gets C&D
Developer Aaron Ardiri pulled off the crazy feat last week of porting the classic Lemmings game from Palm OS not only to the iPhone, but also to Windows and the Mac ... in just 36 hours. That's 36 hours straight -- he liveblogged the whole process, and did actually pull it off, sending the iPhone app, which you can see above, into the App Store for approval. There's just one hitch -- Ardiri doesn't actually own the Lemmings property. Sony does, and as soon as the company heard about his port, it dropped a cease and desist letter on him, commanding him to remove all ports he's hosted and not to port any other Sony games. So there's no way, as of now, that we'll see this app in the App Store. Of course, if Sony knows what's good for them, the company could pay Ardiri to release the port for them, and we could all play the old version of Lemmings on the iPhone (and pay for the privilege). Ardiri says he'll "open communication" for such a deal, so we'll have to wait and see.
Conflipper says Shipped Roms is 'here to stay,' will cooperate with HTC
It looks like those worried that firmware site Shipped Roms would disappear after being hit with a cease and desist letter from HTC can now rest a bit easier -- Conflipper, the man behind the site, says that it is "here to stay." That news comes after the site was apparently able to work out a deal of sorts with HTC, in which it has agreed to no longer host so-called test or carrier files (HTC is said to be providing it with a complete list of files it doesn't want hosted). Conflipper also says that he's asked HTC about becoming a license partner, which HTC seemed to at least be open to. Of course, those test and carrier files are one of the big draws for the site, so we'll just have to wait and see exactly what's left when everything shakes out. [Thanks, Brian W.]
HTC slaps phone firmware site with cease and desist letter
You might be familiar with firmware impresario Conflipper by now, a man who's earned a reputation tearing apart ROMs -- often for unreleased devices -- and pulling out the juicy bits for everyone to see. Turns out the dude runs a site called Shipped ROMs with... yes, you guessed it, a bunch of shipped ROMs for a wide variety of phones on it, and it seems HTC's legal cats in Taiwan have taken issue, saying they've got "very strong reasons to believe that the HTC Intellectual Property was illegally obtained by fraudulent means" in a strongly-worded cease and desist letter sent to him earlier today. We reached out to HTC's US branch for comment and got back the following: "While HTC tries to take a hands off [approach] about the modder / ROM chef community, this site's sole purpose [is] to make HTC's content available for download from a source other than HTC. That content is not just the open source parts and kernels of Android but all of the software that HTC itself has developed. This is a clear violation of our copyrights and HTC needs to defend itself in these cases." In other words, these guys are just really against hosting official ROMs on unofficial servers. Anyone can dump a ROM from a phone and flesh it out, so we can't imagine there's any competitive concern -- and no first-party site makes so many firmware builds available for so many devices in such a concise, well-organized way as Shipped ROMs is doing. Ultimately, it's HTC's property -- it seems like they're probably in the legal right here -- but the unsavory PR effect with some of the company's staunchest enthusiasts makes the endeavor more trouble than it's worth, we'd argue. Tread carefully, HTC.
AT&T apologizes to customer warned off emailing the CEO: 'This is not the way we want to treat customers'
AT&T's Executive Response Team certainly caused a little controversy yesterday after it warned reader Giorgio Galante that sending another email to AT&T CEO Randall Stephenson would result in a cease and desist letter, but apparently it was all just a mistake -- Giorgio tells us that he's received a sincere apology from an AT&T senior VP, who took responsibility for the mixup. Apparently the cease and desist warning came about due to bad reading of AT&T internal policy -- Giorgio was told the rep who made the call is "not having the best of days today" -- and AT&T tells us it's reviewing its procedures to make sure it doesn't happen again. As for Giorgio, he says AT&T's rep sincerely listened to his concerns about the new data plan pricing schemes and that he's accepted the company's apology, but ultimately he's decided to switch over to Sprint and the EVO 4G anyway. That's to be expected, we suppose -- and we'd say next time Randall might do well to use up a few bytes of his 2GB limit and write back to a dissatisfied customer. Here's AT&T's official statement on the matter: We are apologizing to our customer. We're working with him today to address his questions and concerns. This is not the way we want to treat customers. From Facebook to significant customer service channels, AT&T strives to provide our customers with easy ways to have their questions addressed. Because of this incident, we are reviewing our entire process to ensure a situation like this does not happen again.
AT&T warns customer that emailing the CEO will result in a cease and desist letter
Sure, Steve Jobs might be a one-man email PR machine, but his pal Randall Stephenson at AT&T doesn't appear to be quite as gregarious -- as reader Giorgio Galante found out today, sending AT&T's CEO two emails in two weeks results in a phone call from AT&T's Executive Response Team and a warning that further emails will result in a cease and desist letter. What did Giorgio's emails say? The first was a request to bump up his iPhone eligibility date and a request for a tethering option, and today's outlined his displeasure with AT&T's new data rates and ultimate decision to switch to Sprint and the EVO 4G. That prompted "Brent" to call Giorgio back and thank him for the feedback, but also politely warn him that further emails would be met with legal action. Ouch. As you'd expect, AT&T just lost itself a customer. We've followed up with Ma Bell to find out exactly why they went the lawyer route instead of oh, say, filtering Randall's email -- we'll let you know what they say. P.S.- Amusingly, Giorgio says he emailed both Randall Stephenson and Steve Jobs last year about offering tethering and actually got a response from Steve -- maybe these two CEOs need to talk about more than data rates and service quality the next time they meet up.
Nintendo shuts down fan-made Pokemon MMO
Another fan project based on a beloved game series has fallen. Nintendo has issued a cease-and-desist notice to the creators of the open source Pokémon MMO Pokenet (Google cache of the site here), requiring that they take down their website and surrender the pokedev.org domain name used for the game, claiming unauthorized use of Nintendo trademarks. Pokenet was a work in progress, with the "Valiant Venonat" version of the beta nearing release, but it was already operating online at the time of shutdown. "Nushio," one of the programmers on the project, told us that over 7,000 players had logged time in the game, which set every player as a Pokémon trainer in the regions of Kanto and Johto (with more coming later). "You could even catch, evolve, trade," Nushio told Joystiq.
Activision shuts down fan-made King's Quest sequel
After successfully fighting a cease and desist order by Vivendi Universal five years ago, the unofficial continuation to the King's Quest series has been shut down for good. In 2005, fans successfully convinced Vivendi to allow the indie team behind The Silver Lining to continue development, thanks in part to a letter writing campaign. The original deal would see the game's authorized release as part of a non-commercial fan license; however, current King's Quest IP holder Activision has decided (after "talks and negotiations") it is not interested in entering a similar agreement with the indie team. In 2008, Activision said it didn't have any immediate plans to utilize the classic licenses (including King's Quest) it received in the infamous $18 billion merger with Vivendi. What concludes is eight long years of development by a dedicated fan base. On the fan project's official site, a letter from the development team thanks fans for their continued support and shares its disappointment in the decision. It's always difficult when hard work goes unnoticed and we wish everyone involved the best of luck. [Thanks, Chris]
Cyanogen Android ROM modder bends to Google's will but does not break
Late last week word hit the Android community that the developer of the Cyanogen Android ROM received a cease-and-desist from everyone's favorite "do no evil" company, Google. Many reacted negatively to Google asking a developer to not modify what is purported to be an open-source operating system, but the issue was not with the OS; rather it was with the apps that ship on it, things like Google Maps and Gmail -- things that are most definitely not open source -- which Google does not want distributed on modified flavors of Android. The solution, according to the dev, is to simply remove them from the ROM, but to provide a way for users to install them back on their devices. The dev will be working on an app that will enable users to back up those applications and then, after the ROM has been installed, to restore them like new. It certainly sounds like a tidy way around Google's restrictions, albeit one that is going to take a considerable amount of time to implement, the net result of which will be exactly like before. That leaves us wondering: was this really worth the bad PR for the Googs?
Google hits Android ROM modder with a cease-and-desist letter
So this is interesting: apparently Google's hit the developer of the Cyanogen modded Android ROM with a cease-and-desist letter, asking him to stop distributing the closed-source Google apps like Gmail, Maps, and YouTube. What's a little strange is that Cyanogen is targeted at "Google Experience" devices like the G1 and myTouch, so it's not like Google is really protecting anything here -- leading us to wonder if they're just using the copyright argument to shut down a popular mod that's tempted over 30,000 users into rooting their phones. That's just speculation on our part, though -- the dev says he's trying to open a dialogue with Google, so perhaps we'll find out some more answers soon.[Via Android and Me]
MechWarrior reboot could be caught in trademark dispute
If you were excited about the MechWarrior reboot being teased by Piranha Games, we've got some possibly unfortunate news. Apparently, IGN received a cease-and-desist order from Harmony Gold, the unfortunately named co-owner of the Robotech universe, regarding some imagery in a recent trailer teasing Piranha's project.There's no relation between the two 'verses, but Harmony Gold claims that some of the bots in the trailer are a little too close to a few from Robotech. At this point, we don't know: 1) if those characters really are infringing on Harmony Gold's trademark; or 2) how difficult it would be to remove said characters from the game. So, there's still a chance this dispute may go away. We'll keep an eye on things for you.
Palm lays the smack down on Pre theme for Android
Android's supposed to be all about peace, love, and openness, but that apparently doesn't exempt it from copyright law and trigger-happy general counsels (who knew?). In a move that should come as absolutely no surprise to anyone, Palm has sicced its legal team on the makers of the aptly-named "Palm Pre Android Theme" that borrows icons, wallpapers, and mojo (not to be confused with Mojo) directly from webOS. The concerns center around the usual suspects -- graphics copyrights and trademark infringement -- and the company is demanding that they cease use of the Pre's interface, name, and all that good stuff by some date that's been redacted from the leaked letter (we're assuming it's soon). To be fair, Palm comes out and says that it "appreciates that imitation is the most sincere form of flattery," but at the end of the day, they're concerned about the potential for consumer confusion. Interestingly, to the best of our knowledge, they haven't given the iPhone-based theme the same treatment -- but hey, maybe it's easier to confuse a Hero with a Pre than it is an iPhone... or something. [Thanks, Justin]
Slim PS3 update: mysterious Chinese firm issues a cease and desist... to Engadget
You know, one of these days, someone at one of these big companies is going to get this right. If you send a cease and desist about "leaked" photos of a supposed device, you're basically saying, "Hey guys, those pictures are real." Now, we can't tell you with 100 percent assurance that that's the case when it comes to those factory pics of rubber-gloved hands all over an apparently-new PS3 hardware design, but it doesn't help anyone's case when a Chinese company sends your Japanese wing a takedown notice. Keep in mind, since this thing isn't from Sony, we can't really be sure that it's the real deal, but we'll be honest -- things are starting to look mighty suspicious. Text of one of the charming messages after the break. We'll pause for comment now.
Square Enix pulls the trigger on Chrono Trigger fan projects
Chrono Trigger: Crimson Echoes was to be an original sequel to Chrono Trigger, created by a team of fans using Chrono Trigger sprites. We say was, because on the 8th, just weeks away from the game's scheduled release date, Square Enix sent the team a frightening cease-and-desist letter (PDF) ordering the project to be halted and all known copies to be destroyed.Square Enix also sent letters to other fan projects, including the Chrono Compendium, which responded by taking down all pages and forums related to rom-hacking projects. "We do not accept the validity of Square Enix's claims," Chrono Compendium's ZeaLitY said, "nor the legal rationale underpinning their position. Nonetheless, we are complying with their demands so as to avoid the expenses and burdens of litigation, because, frankly, they can afford a frivolous lawsuit more than we can." After the break, footage of the promising, but now dead, Crimson Echoes, made by people who, until last week, liked Chrono Trigger a lot.[Via Kombo; thanks, Booxatron!]
Palm issues takedown for TealOS
If you're a fan of TealOS (you know, that fairly striking webOS-aping launcher for Palm devices), you're in for some bad news. According to a post on the company's TealTalk support forum, a rep tells users that Palm has issued a takedown of the lookalike. In their words:I'm sorry to say that at Palm's request, as of this upcoming Monday, March 30, we will no longer be selling or distributing TealOS.While we can certainly understand the motivations on Palm's part behind wanting to scuttle this copycat, we do find it a little odd. When we met with a Palm rep to retrieve the Pre earlier in the month, he actually had the software installed on his phone and seemed pretty excited about its existence. Our money here is actually on Palm's legal department being a bit hair-trigger, though we hardly think TealOS is posing a threat to the company's bottom line. Bottom line? Imitation is the sincerest form of flattery.[Via PalmInfocenter; Thanks, Herman M.]
Apple to Pivotal: Take the 'pod' out of Podium
Apple has issued a cease and desist letter to Pivotal, creators of Podium, a hands-free iPhone stand - namely over the use of the word "Pod" in Podium. An excerpt from the cease and desist letter provided to TUAW states that "The term POD has also been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's IPOD player. The IPOD and POD marks indicate to consumers that a broad range of products, including portable electronic devices, computer software, and related goods and services bearing those marks and marks similar thereto originate from or are sponsored or endorsed by Apple." "If you look at our product and then look up the word Podium in the dictionary, I think it becomes pretty clear where our branding inspiration came from" said Scott Baumann, president of Pivotal. Podium (noun) Etmyology: Latin Date originally used: 1743 (a good 243 years before Apple was founded) 1: a low wall serving as a foundation or terrace wall: as a: one around the arena of an ancient amphitheater serving as a base for the tiers of seats b: the masonry under the stylobate of a temple 2: a dais especially for an orchestral conductor Source: Merriam-Webster The letter also alleges that Podium infringes on Apple's trademark because the stand mimics recent iMac models and that Pivotal's site for the product is also ripping off Apple's brand stylization. The cease and desist also covers Pivotal's currently in-development product, FlyPod. Pivotal states that the company will be seeking legal advice on the matter.
Psion Teklogix sending out cease & desist letters to netbook-centric websites
Wow, talk about spreading that holiday cheer. Psion Teklogix has apparently hired a legal team to write up cease & desist letters that are being sent out to select netbook enthusiast websites. One particular letter is pictured above, and we can only assume the URL is hidden for the safety of those involved. jkOnTheRun dug a little deeper into the matter and found that the outfit did indeed produce a Netbook and Netbook Pro back in the day, and while the surprisingly netbook-like devices (imagine that, right?) have since been discontinued, it is still making compatible accessories. Something tells us Psion waited a touch too late to pick this fight, but just in case Engadget is next in line for one of these letters, we'll be utilizing the term smallcheap(er)book for the foreseeable future. Hope that's okay.
WotLK Wiki is back in action
Don't count the WotLK Wiki out yet -- after going down late last week due to a suspected cease-and-desist order from Blizzard's lawyers (now confirmed), they have returned with a completely different host and all the information from the leaked Alpha they were originally hosting. They say that their original wiki hosts, Wikidot, were extremely supportive on both the traffic and legal fronts, as they upgraded their servers just to keep the site up, and originally did help with legal troubles. When Vivendi Universal took legal action against their ISP, however, Wikidot had to fold, and the wiki has now moved hosts to wotlkwiki.info.Last week, there was also mention that the C&D didn't ask them to remove all information, only "over-the-line" info, such as screenshots or video. But apparently that clause doesn't apply to the new host -- there are still screenshots all over the site, and though Vivendi has pulled video from YouTube before, it's still there as well.Of course, any C&D sent to the old site would still apply to the new one -- it's just a question now of whether the wiki's new host will comply with Vivendi's demands (the wiki's creators sound very sure that they won't). And after that, it'll be up to Vivendi to determine how far they want to take this -- if they really feel that having this leaked information on that site has hurt them in a justifable way, there is a possibility that an actual lawsuit could be issued, and if this escalates even further, the two parties could eventually end up in court. As always, we'll be watching to see what happenes.
Blizzard deals Alpha leak site a potential killing blow
The Wrath of the Lich King Information Wiki, the primary source of leaked information from the friends & family Alpha, is currently not hosting any information on its site. Reports say that the WotLK Wiki team has been served a Cease & Desist order by Blizzard's legal team and given stringent restrictions on hosting Alpha information. A brief message on the site explained how the site administrators were contacted by a legal firm. The issue dealt with a few key points, such as the site referring to themselves as the "Official WotLK Alpha Wiki" despite not being endorsed by Blizzard; not having a copyright on any of the information, necessitating the inclusion of a copyright line to the main pages; and an order to remove all of what Blizzard considered "over-the-line" content such as leaked screenshots.The WotLK Information Wiki formerly had detailed information on the spells and abilities of the new hero class, the Death Knight, as well as new 51-point talents for most classes. It also hosted and updated a copy of the latest build of the Alpha client, and showed previews of numerous models in the expansion such as speculated vanity pets and armor sets. None of this information is currently available, although the site's message states that they are "having a little trouble" and "hopefully will be back shortly". The current refuge of Alpha-hungry players are in an IRC channel called #wotlkwiki in irc.mmoforge.org, where the header cryptically (or not-so-cryptically) states that "THE MEN IN SUITS, THEY TOOK THE WIKI ON VACATION TODAY. Might return tonight." If the Alpha wiki team succeeds in conforming (or going around) the rules laid by the intellectual property firm, it might return to serve up information sometime soon. We'll keep a close eye on these developments; whatever happens, we've learned that it's tough to keep a good secret from getting out.
Apple sends cease and desist to "iPod Monday"
The legal hammer strikes unpredictably: that's the lesson to be learnt from the case of "iPod Monday," a weekly event at The Lift in Des Moines, Iowa where patrons bring brought along their iPods to play 15 minute playlists based around different themes. Unfortunately, the event's host and creator, Clint Curtis, is bringing the event to a close on its second anniversary (tomorrow) after receiving a cease and desist email from Apple. As the dispute is limited to Clint's use of the trademarked word "iPod," Clint could presumably have kept the event running under a different name. However, a quick read of his email correspondance with Apple reveals the reasoning for closing the event. As Clint points out, he sent several emails to Apple before starting the website and specifically asked for permission to use the term "iPod Monday," he's had visits by Apple employees, a mention on Apple.com, and has praise heaped upon him everytime he visits the local Apple Store, and he is also a loyal Apple customer and claims to have generated a lot of publicity for the company despite receiving no compensation. Unfortunately, that means nothing to Apple, who are still requesting that he cease using the name despite his pleadings. This all begs the question: why now? Why, after two years, many emails, and much publicity, is Apple cranking it up a gear? As is often the case with these kind of David and Goliath legal scenarios, Clint has only two possible choices: resign to his fate and accept the demands, or start a lengthly legal battle against a company he likes, for an event that probably isn't worth the financial cost to defend.[Via Boing Boing]
With "pod" on lockdown, Apple goes after "podcast"
Now that Apple's lawyers have scared the pants off of small entrepreneurs selling products like the Profit Pod and TightPod -- items that have nothing to with portable audio in any way, mind you -- it seems that the next targets are companies that have the audacity to use the word "podcast" in their names. Wired's Listening Post blog is reporting that Steve's legal eagles have sent one of those scary cease and desist letters to a company called Podcast Ready, whose premier product, myPodder, gives users an automated way to download 'casts to their portable devices. CEO Russel Holliman claims that he'd consider changing the name of the program if necessary, but seems to be justifiably reticent about rebranding his entire business, considering the fact that "podcast" may not be "owned" by Apple nor even a derivative of "iPod" in the first place. Robert Scoble -- whose own company, PodTech, may be at risk in this witch hunt -- has weighed in on the issue by suggesting that the tech community as a whole adopt other terms like "audiocast" and "videocast" (or alternately, "audcast" and "vidcast") to describe this type of content, while other folks feel that fighting Apple and generating a ton of negative press for Cupertino is the best solution. Our take? Apple should be happy that its golden goose is getting so much free publicity, and if it isn't, we know of several companies that probably wouldn't mind if zencast, zunecast, or sansacast became the preferred terminology.Update: BBHub's own Russell Shaw delves into this issue a little further over at ZDnet, and finds that Apple is having trouble getting certain iPod-related phrases trademarked, including the word "iPodcasting."Read- Apple's nastygramRead- Scoble's take[Via calacanis.com]
