threatened with legal action, need advice

[jeex]

i'm not sure if many of you are aware of a device for the Playstation 2 called the HDloader. basically it lets you install games to a harddrive connected to your PS2 & network adaptor (for PS2). sony has said on their message boards that the device is illegal. anyhoo.. there is a way to install the program on to your PS2 memory card, eliminating the need for the original disc (or purchase).

today i recieved a letter from HDloaer informing me that i had 48hours to remove the website or they would settle this in court. here is the e-mail they sent to me.

Remove your site offering counterfeited HDLoader.
This is the first and only warning. If it is not removed within 48 hours, we
will settle this in court.

http://jeexlabs.com/hdloader/
http://www.jeexlabs.com/hdloader/index-old.html

Aol, EBAY, and US Federal authorities have been informed of your ongoing
activities. We will follow up with them within 48 hours if not removed.

Best regards,

HDLoader, Mail to: wholesale@hdloader.com
Wholesale Department.

HDLoader: The ultimate Game Storage and Management Solution for the Playstation2

i'm not exactly sure why they mentioned AOL or Ebay. i didnt host the files on aol, nor did i sell it on ebay. in fact, i've havent sold it at all.

none of the files or pictures were hosted on my website, just the text telling you how to do it.

i'm sure sony would like to meet these people in court.. and considering their device is illegal (according to sony) i dont think they would show up in court.

should i just tell them to **** off, or do i have to worry about them trying to sue me?

[indolikaa]

Sounds very cheesy to me. If I was going to threaten someone with litigation, I'd use better English and grammar so I'd at least sound like I was 'legally serious' about it...

[tekkieman]

I'm surprised you haven't received a million responses already. Everyone is an armchair attorney. The best legal advice you could ever receive is to get professional legal advice.

That said, how many legitimate legal notices have you ever seen distributed via email? I certainly haven't seen any. If it were me, I'd tell them to get bent, or just ignore them altogether.

Anyway, since indo snuck his post in just before me, I'll let it go at that.

[holistic]

Tell them to **** OFF
http://www.whois.sc/hdloader.com

This is why they are proberly pissed.
http://www.hdloader.us/
http://www.hdloader.net/

Someone is stealing their piece of the pie.

yeah ..Life's Tough.....Tougher if you're STUPID

[Roundabout]

Nice of them to threaten you, then say "Best Regards"

Seems they only want you to remove the link to the DDL (Direct Download) of this program, not your entire webpage. You could mess with them by putting on on eMule (release it and then just post the filehash), KaZaA, BT and every other P2P program out there. Make sure to include a link back to your site (for instructions) in the RAR package. That'd make their day. :P

Edit: I'm not condoning illegal software, but if what this company is doing is illegal, then they have no right to threaten you. Sony, maybe, but these guys? Don't think so.

[Rookie64]

If Someone complains about an unauthorized use at a website, the offending material should be removed immediately. In the case of unauthorized uploads, downloads or links, the webmaster should disable access to the offending material or link. This is not to imply that you should cave in to every complaint. However, the material should be removed during the period during which you investigate the claim and, if necessary, consult with an attorney. Attemps to "contain" the damage will likely help your case should it find its way into court.
Continuing to use the offensive material after being notified may aggravate the claim and increase the chances of your being found liable - and increase the amount of damages you may have to pay.

Removal of infringing material is also an element of a 1998 law establishing that an Internet Service Provider can avoid liability by following certain rules including speedy removal of infringing material.
The text of this law is downloadable from the Copyright Office website at
http://www.copyright.gov/legislation/hr2281.pdf

The Copyright Office also offers information about how to deal with notices of infringement. You'll find this info at http://www.copyright.gov/onlinesp/

--Attorney Richard Stim

[tekkieman]

Rookie - If you look at the links jeex posted, there is nothing on there that qualifies as "infringing material". It is simply a set of instructions.

[holistic]

Fix your source. :P
<input type="hidden" name="cmd" value="_s-xclick">

[adam]

tekkieman he links to the "filepack" which contains the software used in this exploit. I'm guessing its basically the software contained on this hdloader that the company is selling. Linking to this content really isn't any different then hosting it yourself.

If their product is truly illegal then obviously they aren't going to be enforcing anything. But otherwise, they may have a valid claim against you. Still, no judge is going to be sympathetic to a company who tries to effect a cease and desist order through a poorly written e-mail

Don't tell them to **** off, always be professional. Simply request that they send you something in writing stating the legal grounds for their request. If its in writing, treat it as notice and remove the link until you can research the issue adequately. An e-mail really means nothing, and you should tell them exactly that.

[jeex]

well, i've written them back asking that they mail me a certified cease & decist order through certified mail. i told them once i recieved the order i would comply, and then determine my actions after that.

[Will Hay]

...if email means nothing, email them a "**** OFF!
Will

[tekkieman]

tekkieman he links to the "filepack" which contains the software used in this exploit. I'm guessing its basically the software contained on this hdloader that the company is selling. Linking to this content really isn't any different then hosting it yourself.

Didn't we determine in another thread that you can link to pretty much anything you want (I guess within reason)? If what jeex links to is on their site, let them break the links. If it's on someone else's site, let them send their BS email there.

Disclaimer - I am in no way presenting this as a legal opinion, merely a personal one.

[DVD_Ripper]

I would avoid any replies via email. They can be used in court.

I was deposed a few years back and had to go through several hundred emails (mine) the discovery teams had printed out with all kinds of legal stamps, etc on them.

If and when it ever went to court a judge would not look kindly to "**** OFF" as viable reply

My 3 and 1/2 cents.

[handyguy]

It's fake, forget about it:
"Administrative Contact:
labs, jeex jeexlabs@hotmail.com
000 no way way
land of the rising, sun 00000
SU
000-000-0000 "

[jeex]

It's fake, forget about it:
"Administrative Contact:
labs, jeex jeexlabs@hotmail.com
000 no way way
land of the rising, sun 00000
SU
000-000-0000 "

thats my whois information

anyhow... i recieved a response from them..

We were clear this was your only warning. We are taking this to court now,
criminal charges for piracy will be filled within 1 week. Now this process will
start and can't be stopped.

Best regards,

HDLoader, Mail to: wholesale@hdloader.com
Wholesale Department.

sounds stupid.. i told them to give me the location & contact info their attorney's & court they're filing these charges in.

sounds like empty threats.. its like crack dealer threatening to call the cops on you because your friend stole his crack.

[DVD_Ripper]

It's fake, forget about it:
"Administrative Contact:
labs, jeex jeexlabs@hotmail.com
000 no way way
land of the rising, sun 00000
SU
000-000-0000 "

thats my whois information

anyhow... i recieved a response from them..

We were clear this was your only warning. We are taking this to court now,
criminal charges for piracy will be filled within 1 week. Now this process will
start and can't be stopped.

Best regards,

HDLoader, Mail to: wholesale@hdloader.com
Wholesale Department.

sounds stupid.. i told them to give me the location & contact info their attorney's & court they're filing these charges in.

sounds like empty threats.. its like crack dealer threatening to call the cops on you because your friend stole his crack.

Keep us posted from the Big House

[thayne]

It's fake, forget about it:
"Administrative Contact:
labs, jeex jeexlabs@hotmail.com
000 no way way
land of the rising, sun 00000
SU
000-000-0000 "

thats my whois information

anyhow... i recieved a response from them..

We were clear this was your only warning. We are taking this to court now,
criminal charges for piracy will be filled within 1 week. Now this process will
start and can't be stopped.

Best regards,

HDLoader, Mail to: wholesale@hdloader.com
Wholesale Department.

sounds stupid.. i told them to give me the location & contact info their attorney's & court they're filing these charges in.

sounds like empty threats.. its like crack dealer threatening to call the cops on you because your friend stole his crack.

LOL, since when can a company file "criminal charges"?

[thayne]

It's fake, forget about it:
"Administrative Contact:
labs, jeex jeexlabs@hotmail.com
000 no way way
land of the rising, sun 00000
SU
000-000-0000 "

thats my whois information

anyhow... i recieved a response from them..

We were clear this was your only warning. We are taking this to court now,
criminal charges for piracy will be filled within 1 week. Now this process will
start and can't be stopped.

Best regards,

HDLoader, Mail to: wholesale@hdloader.com
Wholesale Department.

sounds stupid.. i told them to give me the location & contact info their attorney's & court they're filing these charges in.

sounds like empty threats.. its like crack dealer threatening to call the cops on you because your friend stole his crack.

LOL, since when can a company file "criminal charges"?

If you are only offering information and no actual application I would think thier case would be extremly weak. They could sue you, but it would more than likly be thrown out...

[ps2daddy]

Well Jeex the HDloader site has shut down sony put the hammer on them
They probably sent that message because sony probably wanted them to inform other people to remove the info. It wont be around much longer in stores in the US or EU

[jeex]

If Sony contacts me and tells me to shut down the site, I will. They are the only entity with a real claim.

[Will Hay]

How do you change your whois info Jeex?
Will

[ps2daddy]

If Sony contacts me and tells me to shut down the site, I will. They are the only entity with a real claim.

I understand and agree with you
Sort of like when Steve Jobs accused Bill Gates of trying to copy the mac OS when he created windows when they both got the ideas from IBM

[thayne]

If Sony contacts me and tells me to shut down the site, I will. They are the only entity with a real claim.

I understand and agree with you
Sort of like when Steve Jobs accused Bill Gates of trying to copy the mac OS when he created windows when they both got the ideas from IBM

They took the idea from Xerox

[ps2daddy]

If Sony contacts me and tells me to shut down the site, I will. They are the only entity with a real claim.

I understand and agree with you
Sort of like when Steve Jobs accused Bill Gates of trying to copy the mac OS when he created windows when they both got the ideas from IBM

They took the idea from Xerox

Sorry brain fart I meant Xerox

[thayne]

Why do I know that?!?! Damn, I am a nerd....

[Treebeard]

Why do I know that?!?! Damn, I am a nerd....

Count me in as a nerd also then..

[Capmaster]

Why do I know that?!?! Damn, I am a nerd....

Don't feel bad - I knew it was the Xerox Palo Alto Research Center where they kiped it from

[gitreel]

There is an article about HDloader at www.arstechnica.com

[adam]

Just to respond to some earlier posts, yes e-mails are used in court all the time. At the office where I work we print out ever piece of correspondence there is. Its ridiculous. You go through the correspondence folder and there are 1000 e-mails basically saying nothing at all, but you got to keep everything. But when it comes to formal notices like notice of cease and desist warnings, terminations of contracts, etc... you really can't do these via e-mail. As a preliminary warning that's fine but you don't go to court on these alone. The judge will throw your ass out of court and sanction you if he hears that the other party would have gladly complied with some form of written notice. As jeex's post here clearly shows, he honestly can't even tell whether this warning is serious or not. You don't type out "Strop or we su you in 48 hurs" and then run to court. Anyway, their latest reply convinces me that they are indeed full of shit.

tekkieman I don't remember ever addressing this issue regarding linking to an infringing file, I must have missed that thread. But I do not think there is any distinction between hosting the file and directing others directly to the host. It seems clear to me that if the downloading of the file constituted an infringement, than all three parties involved (downloader, relayer, and host) are in violation.

[jeex]

looks like i get the last laugh.

http://hdloader.com/

Announcement

HDLoader has been withdrawn from the market and will no longer be available for purchase.