Being sued for derivative works from copyright material

[dapphp]

What is the name of your state? California.

Yesterday I received an email from a company that operates a large online gaming community. They are threatening to sue me for various things. I wrote several software programs, that basically automate tasks for you on their website. I do not sell them, they are free, and they do not contain any copyright material in them.
They are claiming these programs are derivative works from their website and that they can seize all my computers and sue me for up to $150,000 per program.
If you wish to view the letter I received, it is posted here. You can also view screenshots and descriptions of these programs at this address.

They said my programs hack their games and modify their code which they do not. I dont see how writing these free programs is illegal. In my ignorance to this matter it seems to me that a company that makes a car "body kit" for a 2000 honda civic should be sued cause the body kit is a derivative work of the model car itself...

Anyway, I am trying to fight this all the way, are the claims made in that letter at all valid or is it a big scare tactic?

Thanks so much for reading, and I will answer any additional questions needed to clarify the situation.

 

[davezan]

I doubt it's a scare tactic. Their letter did cite specifics, and neopets is a real
deal. (my wife frequently plays their games. )

Is it possible someone else used your programs to do what they stated?

You definitely need to retain an attorney for this one. Good luck.

 

[dapphp]

It's not really possible for anyone to have used my programs to do what he stated in the letter. Each one pretty much serves its own function to automate various tasks in the game.

As time goes on I worry less and less about this. I can't imagine that neopets and this lawyer have absolutely no other work they can do and this is the best they have (attempting to sue a dead broke 20 year old college student who doesn't make 1 penny from these programs).

From talking on the phone with this guy, I don't even think he's ever seen my programs at all, because the way he describes them is way off. And the first two cases he cited both involve the defending companies making lots of money by selling products. In the first one a company was selling counterfeit playstation accessories, and in the second the people took user-made maps for Duke Nukem 3d and sold 300 of them in a box in retail stores.

I do plan on sitting down with a lawyer hopefully next week to have him address everything in the letter and see if these programs really are derivative works.

Thanks for your response.

 

[divgradcurl]

As time goes on I worry less and less about this. I can't imagine that neopets and this lawyer have absolutely no other work they can do and this is the best they have (attempting to sue a dead broke 20 year old college student who doesn't make 1 penny from these programs).

Copyright law isn't always about money -- they can get an injunction to get you to stop distributing or creating your programs, even if you don't make a penny off of them.

Further, just because you don't have any money NOW doesn't mean that you will NEVER have money, and a judgment now can follow you around essentially forever, ruining your credit and allowing the creditor to garnish your wages and take any property you might purchase, until you pay it off or declare bankruptcy.

Point is -- don't think that just because you are a "dead broke 20 year old College student" they won't sue you if they think they have a case. It sounds like you are going to talk to a lawyer -- do it, this is not something to just ignore.

 

[dapphp]

Copyright law isn't always about money -- they can get an injunction to get you to stop distributing or creating your programs, even if you don't make a penny off of them.

Further, just because you don't have any money NOW doesn't mean that you will NEVER have money, and a judgment now can follow you around essentially forever, ruining your credit and allowing the creditor to garnish your wages and take any property you might purchase, until you pay it off or declare bankruptcy.

Point is -- don't think that just because you are a "dead broke 20 year old College student" they won't sue you if they think they have a case. It sounds like you are going to talk to a lawyer -- do it, this is not something to just ignore.

Thanks for your insightful information. I am currently searching out a decent lawyer in my area that deals with IP matters.

Now most of this is all based upon whether or not my programs actually violate any laws right? They say my programs are derivative works, but one lawyer I spoke to says thats a buzzword and doesn't mean too much, its just something they use to get reason to search my computers. I hope I can soon save enough money to sit down for an hour or so with a lawyer on this. Also, he just sent me another email saying he is drafting a Complaint for me to see everything they are accusing. I will post that here when I receive it. If you want to see the letter he sent to me, its at www.neoprogrammers.com/legal/letter2.html

Thanks again

 

[2cents]

from the link provided in letter2.html:

I'll also require you tell me the name of the person who informed you of my identity because I will be taking them to court for disclosing my personal information to a third party without my permission.

that is public information, since your name shows up as the owner of the site neoprogrammers.com in the registry

 

[cript2000]

Is it really legal for them to ask you to turn people's ip addresses over??

 

[divgradcurl]

Is it really legal for them to ask you to turn people's ip addresses over??

Sure -- anyone can ask anyone else to do anything. They can't force you to do it, however, without a court order.