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Infogrames Serves Civ3 Fans With Cease and Desist
janolder writes "According to multiple articles on heise online (German only), the leader of an effort to localize Civilization III for Germany, Kai Fiebach, has been slapped with a cease and desist letter, including $500 lawyer bill from Infogrames Germany. A grassroots effort to help Kai and tell Infogrames off is forming."
"Background: Most European versions of Civ3 are late. With a slated release for March 2002, Kai and a group of Civ3 fans decided to translate portions of Civ3 to German and to make the result available as a set of files to be applied to the US on time for Christmas. Kai informed Infogrames of his effort and even offered to join forces with their localization team if only the game would be released sooner. Sadly, Infogrames reacted by sending Kai a cease and desist letter, alleging copyright infringement. The home page of the translation effort has already been taken down.
The reason for Infogrames' reaction seems to be that Infogrames Germany doesn't make a single penny on the US version of the game sold through Amazon Germany and other vendors."
A clarification here.
:)
Providing patches for a binary-only software product may be a violation of the EULA, but that doesn't in itself make it a COPYRIGHT violation.
EULA violations are purely civil, there might not be any statutory or punitive damages, etc. (depends on the local laws). EULAs are based in CONTRACT law.
Copyright violations can be civil or criminal (FELONY (*) in some cases), there are statuatory damages (you can be ordered to pay even if they weren't harmed AND you didn't benefit), punitive damages, contributory and vicarious infringement theories (which don't seem to exist with EULAs) which judges follow, etc.
The DMCA may apply in both cases, depends on the country and the judge. If you get Judge Kaplan, you might as well sell all your stuff and live on the street right now and get it over with. 1/2
Ask a lawyer (in your jurisdiction) for legal advice.
(*) In the US. I don't know the situation in other countries.
P.S. If a company acts so irresponsibly as to try to assess a $500 bill for sending a cease and desist letter because you were trying to be helpful, then to hell with them. Asking you to pay for the costs of their legal attack is unconscionable.
But what I heard about the laws in Germany, that practice seems to be blessed by the gov't there.
"abmahnung" I believe it is called.
Just because it CAN be done, doesn't mean it should!
This is in germany... and that something similiar (opportunistic lawyers using a german law to fatten their own wallets)
see what happened to Kontour (was Killustrator because of a similiar german lawyer tactic...
it's like ambulance chasing but for intellectual property... so... don't necessarily jump on infogames case, because they didn't initiate the cease and decist...
E.
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Translations are derivative works. There is a specific exemption for these in most countries, Germany included, and this appears to be a straight substitution of text files.
Mind you, this didn't stop the German fans translating Harry Potter being served with cease and desists, so I guess we're back to the old argument that access to lawyers allows you to (practically) dictate what the law is.
If you were blocking sigs, you wouldn't have to read this.
I find the $500 lawyers bill to be insane though - I mean, seriously, the guy was just trying to help, no?
According to the heise article (in Krautish, sorry), the $500 bill has been declared void by Infogrames. They still threaten with a $10,000 fine if he won't cease working on the translations and remove all the work done so far from the 'net.
Infogrames Germany have released a statement about this issue on their homepage.
Google's translation is astonishingly readable, but just in case, here's the text in a nutshell:
- It's a clear violation of the copyright and Infogrames is required to enforce it.
- The official German localization is already in a pretty advanced state - its advantage over the "guerilla translation" is that it covers the entire game while Kai's translation only deals with certain parts of the game. [At least that's how I understand this part]
- In general however, Infogrames are very pleased about fan initiatives and plan to support them more in future. They are still trying to work out ways to cooperate with them.
When Apple released the Macintosh in 1984, the system was heavily based on the use of resources (it still is). Apple's User Interface Guidelines pushed keeping all strings in resources to make it easier for third parties to localize the software.
Reading these at the time, I didn't experience any cognitive dissonance. I thought that, surely, nobody could object to a third-party's deliberately increasing one's market share, for free. I imagined that EULAs of the future would specify that anyone who made such modifications should submit them for approval by the original author.
How times have changed!
Actually, for those of you living in the US, EULAs may be completely invalid in your state. For instance, here in Kansas the law states that if you are not able to see the complete contract (EULA) before paying for the software, a sale takes place and you are free to do whatever you want with the software. However, if you are able to read the EULA before the exchange of money, you are licensing the software and are bound by the restrictions of the EULA. Click-through agreements seem to be bound by this law as well, as long as the above conditions are met.