Discussion:
What is the name of your state? NC
An online group of friends and I created a role playing game based upon a popular tv show back in 1998. We created unique characters and situations while "playing' within the world created in the tv show. We created a website to catalog everything we were doing and the role playing game is posted on the website. It is all for fun and all original trademarks and copyrights of the original show are credited.
In 2002, one of our our members said he wanted to do the webhosting so he took it over to do the site. He kept some of the material and added some new technological things to make the site look better. The site has changed hands now and the guy who had the site before is saying that he took out copyrights on our website and all content in it and he is threatening legal action to shut us down since he "owns" all material on the website even though the website, the material, etc. was already on there 4 years before he ever even showed up!
Does he have a legal leg to stand on since I believe he illegally appropriated the contents himself by applying for copyrights on something he should not have? By publishing that material online, it was already copyrighted.
The current ISP of the website is based in Australia as well. Does this make any difference?
Any help would be greatly appreciated...
Charybdis
Answer:
What is the name of your state? NC
An online group of friends and I created a role playing game based upon a popular tv show back in 1998. We created unique characters and situations while "playing' within the world created in the tv show. We created a website to catalog everything we were doing and the role playing game is posted on the website. It is all for fun and all original trademarks and copyrights of the original show are credited.
In 2002, one of our our members said he wanted to do the webhosting so he took it over to do the site. He kept some of the material and added some new technological things to make the site look better. The site has changed hands now and the guy who had the site before is saying that he took out copyrights on our website and all content in it and he is threatening legal action to shut us down since he "owns" all material on the website even though the website, the material, etc. was already on there 4 years before he ever even showed up!
Does he have a legal leg to stand on since I believe he illegally appropriated the contents himself by applying for copyrights on something he should not have? By publishing that material online, it was already copyrighted.
The current ISP of the website is based in Australia as well. Does this make any difference?
Any help would be greatly appreciated...
Charybdis If you've got proof that the materials were published before the other guy started his site, then just do nothing; if he files a DMCA request with your ISP to remove infringing materials (under 17 USC 512(c)), you can counter with evidence that you are not infringing -- then he has to either sue you, or shut up. He's not going to sue you, because that would cost many tens of thousands of dollars, and unless he's just rich and vengeful, it's not worth it.
Further, if your ISP is in Australia, with absolutely no U.S. presence, then they can freely ignore a DMCA request under U.S. law anyway.
Basically, just ignore him.