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NOA to Sue for Flash Advance Linkers
SamMichaels writes: "I just received a letter from Nintendo of America claiming that Flash Advance Linkers violate the DMCA...I'm to cease sale in my store, and surrender all remaining units to Nintendo. The letter is posted on the front page of Zophar's Domain. Any pro bono lawyers out there?"
Surely there must be a distinction between owning equipment that has the potential to be used for copyright infringement and actually using it for illegal purposes. CD burners, floppy drives etc are legal so I can't see why this product can't be legal too.
Unfortunately I don't think it's going to be a case of who's right and who's wrong but rather Nintendo has a bigger legal budget than ZD.
Dear Sam Michaels:
a cc
How are you gentlemen?
Nintendo of America Inc. (NOA) is providing this letter of notification pursuant to the Digital Millennium Copyright Act, USC 17 1201(b) (for great justice take off every zig) and the US Customs ruling dated December 20, 2001, regarding the import, distribution and sale of the Flash Advance Linker. US Customs confirmed the Flash Advance Linker violates the DMCA and is subject to confiscation.
This notice is addressed to the agent designated by Zophar's Domain to receive notifications of claimed infringements, as reflected in the current records of the U.S. Copyright Office.
NOA has a good faith belief that someone set up us the bomb by distributing illegal imports of the Flash Advance Linker in violation of section 1201(b) of the DMCA and subject to seizure under 19 USC 1595a(c)(2)(c) by US Customs.
The e-commerce page offering the Flash Advance Linker for sale was found on your site at:
http://www.zophar.net/store/items.phtml?gba-
Nintendo demands that you immediately cease the importation, distribution and sale of the Flash Advance Linker and all your base are belong to us
The Flash Advance Linker appearing on Zophar.net has been identified by its title, description [and/or] depictions of associated artwork. Based on the information at its disposal on February 19, 2002, NOA believes that the statements in this notice are accurate and correctly describe the infringing nature and status of the infringing material.
Should you have any questions, please move zig, move zig move zig at the following address, telephone and fax numbers, and/or e-mail address:
Nintendo of America Inc.
Attn: We get signal. What?
4820 Main screen turn on!
Redmond, WA 98052
Telephone: 425-861-2187
Fax: 425-882-3585
E-mail: Noalegal@noa.nintendo.com
We look forward to working with you to immediately resolve this matter. You are on the way to destruction. You have no chance to survive, make your time.
Sincerely,
NINTENDO OF AMERICA INC.
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