Þetta erindi fann ég á <a href=http://dcdownloads.com>DCDownloads</a> og hér er verið að segja frá því hvernig Sega sé að reyna að stoppa “hugbúnaðarþjófnað” á netinu…njótið vel…

Dear Sir/Madam:

I am writing on behalf of Sega of America Dreamcast, Inc. to address a number of intellectual property issues raised by your web site, www.gamez4free.com/dreamcast, and the referral site, www.dcdownloads.com. Sega is requesting your cooperation in addressing these matters immediately to avoid the necessity of formal legal action. We are writing to you directly as we are not aware that you as yet have retained counsel. If you have done so, please let me know to whom I should address future communications.

As I am sure you are aware, Sega has invested hundreds of millions of dollars developing the Dreamcast console system and software. Sega has earned the reputation as one of the driving forces in today's highly competitive gaming market, delivering the most immersive and compelling gaming experience available. In order to produce such intricate, cutting-edge titles, Sega and its partners employ thousands of the world's finest artists, musicians, writers and software engineers. The recent emergence of Dreamcast game piracy, if allowed to continue unchecked, jeopardizes Sega's ability to support this community of artists and developers.

Sega has no quarrel with the gaming community, but the “warez scene” which you actively promote encourages outright theft of Sega's intellectual property and will not be condoned. Most gamers would not walk into a store and steal a Dreamcast title off the shelf. These same gamers, however, emboldened by sites like yours and the appearance of anonymity provided by the Internet, do precisely that by downloading, burning, and copying the same software titles for your site. Pronouncements that the warez scene disseminates nothing more than technology to allow “backups only” is false both as a matter of fact and as a matter of law. There is no exception in the Copyright laws for distributing software “backups” nor, of course, do most users of your site download games for backup purposes only.

Your web site is dedicated to the dissemination of pirated dreamcast games. The site also infringes a number of Sega trademarks. SEGA(R), DREAMCAST(R), and various other marks and images used on your web site are either registered trademarks of Sega, distinctive trademarks used by Sega to identify its products, or material protected by United States copyright law. Your use of this material is not authorized and serves to mislead and confuse consumers.

In sum, while Sega appreciates the interest your users have in the Dreamcast platform, it cannot stand by idly while sites like yours openly promote theft of its products. If your web site has not been shut down by Friday, September 15, 2000, Sega will be forced to initiate legal action.

Very truly yours,

Daniel R. Harris,

Brobeck Phleger & Harrison LLP

Intellectual Property Litigation Counsel for Sega of America Dreamcast, Inc.

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