uncfan1119
2011-06-04 19:28:09
I know this is old, and I recently found it again. It's a entertaining read.
contact 1:
Hello from Jagex,
I work within Community Management for the massive multiplayer online
game RuneScape (www.RuneScape.com).
I have discovered that your website at http://www.moparisthebest.com
undertakes or facilitates the distribution of modified versions of our
game client.
The site also offers access to information that encourages your members
to run their own private servers.
Such behaviour damages our game and infringes our intellectual property
and other legal rights.
Please contact me within 7 days to confirm that you will stop this
activity.
Otherwise I will pass the matter to our lawyers.
Sincerely
Donal Phillips
Jagex Ltd.
response 1:
Hello from moparisthebest.com,
I am the owner and operator of moparisthebest.com, as such I do not allow any copyrighted or illegal items on my server, and I work hard to keep it that way.
If you would be so kind to point me to any items that are illegal or copyrighted on my server, I would be more than happy to immediately remove them.
Please reply with this information in at your earliest convenience.
Sincerely
moparisthebest
contact 2:
To whom it may concern,
With regards to your site moparisthebest.com, which is the epicentre of
a community that is heavily involved in the distribution of modified
versions of our game client. On the main section of your site you have
many links to the modified version of our client which can be found here
http://moparisthebest.com/moparscape.html.
Information on how to 'hack' these clients and details on how to host
and program private servers can all so be found through out your forum.
client hacking
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=21.0
server development
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=51.0
These actions infringe on our intellectual property and other legal rights.
Other sections of the forums are dedicated to the development of macro
programs which damages our game and are against our terms and conditions.
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=70.0
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=20.0
Please confirm that you will remove this web site or I will have no
choice but to instigate legal proceedings.
Regards,
Donal Phillips,
Jagex Ltd.
response 2:
To whom it may concern,
The internet is made of links, if it were not for links, I would have never found runescape.com to play your game, if it were not for links, you would have never found moparisthebest.com, links are not and cannot be illegal.
As to the "information" on my website, here in the United States of America one of our most sacred laws is this:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
 The First Amendment to the U.S. Constitution
Information is not illegal.
As to this claim of yours:
> Other sections of the forums are dedicated to the development of macro
> programs which damages our game and are against our terms and conditions.
You have to be joking, programs that I or others write on our own (for example SCAR) are 100% our code and they can be used for a multitude of purposes, just because some people use these programs to click on your game does not give you any right to have them removed and you know it, please don't send any more of these nonsensical, unfounded requests regarding programs written by others you have no claim to.
Sincerely
moparisthebest.com administrator
> To whom it may concern,
>
> With regards to your site moparisthebest.com, which is the epicentre of
> a community that is heavily involved in the distribution of modified
> versions of our game client. On the main section of your site you have
> many links to the modified version of our client which can be found here
>
> http://moparisthebest.com/moparscape.html.
>
> Information on how to 'hack' these clients and details on how to host
> and program private servers can all so be found through out your forum.
>
> client hacking
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=21.0
>
> server development
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=51.0
>
> These actions infringe on our intellectual property and other legal
> rights.
>
> Other sections of the forums are dedicated to the development of macro
> programs which damages our game and are against our terms and conditions.
>
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=70.0
>
>
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=20.0
>
>
> Please confirm that you will remove this web site or I will have no
> choice but to instigate legal proceedings.
>
> Regards,
>
> Donal Phillips,
> Jagex Ltd.
>
> [email]admin@moparisthebest.com[/email] wrote:
>> Hello from moparisthebest.com,
>>
>> I am the owner and operator of moparisthebest.com, as such I do not
>> allow
>> any copyrighted or illegal items on my server, and I work hard to keep
>> it
>> that way.
>>
>> If you would be so kind to point me to any items that are illegal or
>> copyrighted on my server, I would be more than happy to immediately
>> remove
>> them.
>>
>> Please reply with this information in at your earliest convenience.
>>
>> Sincerely
>>
>> moparisthebest
>>
>>> Hello from Jagex,
>>>
>>> I work within Community Management for the massive multiplayer online
>>> game RuneScape (www.RuneScape.com).
>>>
>>> I have discovered that your website at http://www.moparisthebest.com
>>> undertakes or facilitates the distribution of modified versions of our
>>> game client.
>>>
>>> The site also offers access to information that encourages your members
>>> to run their own private servers.
>>>
>>> Such behaviour damages our game and infringes our intellectual property
>>> and other legal rights.
>>>
>>> Please contact me within 7 days to confirm that you will stop this
>>> activity.
>>>
>>> Otherwise I will pass the matter to our lawyers.
>>>
>>> Sincerely
>>>
>>> Donal Phillips
>>> Jagex Ltd.
>>>
>>>
>>
>>
>
>
email and registered letter:
Dear Sir
www.moparisthebest.com (“the Websiteâ€)
We act for Jagex Limited. As you know our client has owned and operated
RuneScape, the well-known online multiplayer adventure game, at a
website at
runescape.com since 2001. There are currently some 4.1 million active
registered players of the game in over 15 countries. Our client’s
turnover
in its last financial year to March 2005 was in excess of £5 million
(approximately $9 million).
Our client owns Community Trade Mark E2942761, UK Trade Mark 2302308
and US
Trade Mark 2829952 for the word RUNESCAPE in classes 16, 25 and 41. Our
client also has common law rights (and/or under company name / unfair
competition law or equivalent) in the name RUNESCAPE deriving from its
extensive use outlined above.
We understand that you are the owner / operator of the Website and have
previously communicated with you regarding the infringements mentioned
below. Your Website infringes our client’s rights as follows:
The Website is being used to facilitate the distribution of software
robots
and / or similar programs (“botsâ€) for the purpose of cheating (as well
as
related discussion groups).
Clearly you or persons authorised by you have used our client’s site to
effect these transactions and you have thereby become bound by - and
breached - our client’s contract which strictly forbids such
activities.
In any case you have tortiously induced the other parties to break
their
contracts with our client.
These transactions damage the game’s reputation and cause our client
financial loss. Not only do they enable players to advance without
spending
time playing the game (resulting in loss of revenue) but honest players
are
discouraged from playing as a result.
Breaching our client’s contract means that any use by you of our
client’s
site is unlicensed and thereby infringes our client’s intellectual
property
rights in its site. Furthermore our client’s contract confirms that all
RuneScape characters and items are and remain our client’s intellectual
property.
Bots infringe our client’s copyright by copying and modifying our
client’s
software and/or by attempting to circumvent our client’s copyright
protection mechanisms. Bots also constitute a trespass to chattels.
The transactions are criminal offences insofar at they incite, counsel,
procure or assist persons to gain unauthorised access to our client’s
computer systems.
Our client’s trade mark RUNESCAPE is being used on the Website in a
manner
which is not in accordance with honest practices in commercial matters
and
which without due cause takes unfair advantage of, or is detrimental
to, the
distinctive character of the mark. This is trade mark infringement.
We note on that on the Website you admit to cheating on RuneScape this
admission has been captured as evidence and may be used at a later
stage
should it become necessary to do so.
Please cease all activity outlined above within 7 days from today.
Otherwise
our client will have little choice but to initiate formal legal steps
to
protect its position.
Yours faithfully
Adlex Solicitors
www.adlexsolicitors.co.uk
Tel: +44 (0) 207 317 8400
Fax: +44 (0) 207 317 8405
Mob: +44 (0) 7775 635 835
76A Belsize Lane, London, NW3 5BJ
The sender does not guarantee that this message including any
attachment is
secure or virus free. Also, it is confidential and may be privileged or
otherwise protected from disclosure. If you are not the intended
recipient,
do not disclose or copy it or its contents. Please telephone or email
the
sender and delete entirely from your system.
final response:
I act for moparisthebest.com, As you may or may not know I have worked as a cashier at a grocery store since 2002, In my limited free time I run a website whose forums have no more than 1000 active members, divide that by your claimed 4.1 million active runescape players and you get the percentage of 0.02349% of your userbase, subtract the large portion of the members such as myself who have not played runescape for over a year and you see how many are left. My turnover last financial year to march 2005 was in excess of $2000 dollars, all of which went to my living expenses. If I liquidated all of my assets, which consists of a 1989 Chevrolet S10, my net worth would be around $1000 dollars.
I own the name moparisthebest, I fail to see how this infringes on any trademark that you own, please correct me if I am mistaken.
I don't know what you are refferring to about having contact with me previously, because I have never recieved nor sent an email from adlexsolicitors in the past.
My website does have programs that either my members or I have written. Most of these programs are released open source under the gnu/gpl license and frankly are none of your business. The fact that some of these programs can be used for multiple purposes, one being to cheat on runescape, is complelly irrelevant.
As to anyone "using your client's site to effect these transactions" I have no idea what that means. My site has very explicit rules against any and all selling or trading of runescape characters and items. I simply do not allow it. Next time do your homework first before making false accusations.
I have never "tortiously induced" anything, whether your clients break thier contracts with you is bewtween you and them, leave me out of it.
In no way possible could my website be causing your client financial loss, even if your clients cheat on runescape, you already have your monthly fee and they keep the window open and logged in no matter what. Again, let me emphasize that I have nothing to do with your clients decision to cheat or not.
I don't use your clients site, therefore I am not infringing on anything belonging to them. However, if you or your client use my site, you are breaking the contract anyone must agree to in order to use my site, also note that I record the IP address of anyone who agrees with the contract. I have never disputed the fact that all runescape characters and items are your clients intellectual property, again, any selling or buying of anything on my forums is expressly prohibited.
Nothing on my site has anything to do with gaining unauthorized access to any computer systems. I still haven't the faintest idea what these "transactions" you speak of imply.
I would ask that you point me to the exact United States law that prohibits me from even mentioning the word runescape, I use it in no way for a monetary gain, which I believe is the only way one could use it in an illegal manner. I don't use the word runescape in any way differing from that of other communities you support such as tip.it and runehq.com.
Please cease all ignorant, unfounded accusations within 7 days from today.
As a side note, I have not played runescape or used your clients website within the last year or more, well before this website was started. Also note that I reserve the right to publicly post and/or publish this and all future coorespondence for the public to see. You may do the same.
Yours faithfully
moparisthebest.com administrator
contact 1:
Hello from Jagex,
I work within Community Management for the massive multiplayer online
game RuneScape (www.RuneScape.com).
I have discovered that your website at http://www.moparisthebest.com
undertakes or facilitates the distribution of modified versions of our
game client.
The site also offers access to information that encourages your members
to run their own private servers.
Such behaviour damages our game and infringes our intellectual property
and other legal rights.
Please contact me within 7 days to confirm that you will stop this
activity.
Otherwise I will pass the matter to our lawyers.
Sincerely
Donal Phillips
Jagex Ltd.
response 1:
Hello from moparisthebest.com,
I am the owner and operator of moparisthebest.com, as such I do not allow any copyrighted or illegal items on my server, and I work hard to keep it that way.
If you would be so kind to point me to any items that are illegal or copyrighted on my server, I would be more than happy to immediately remove them.
Please reply with this information in at your earliest convenience.
Sincerely
moparisthebest
contact 2:
To whom it may concern,
With regards to your site moparisthebest.com, which is the epicentre of
a community that is heavily involved in the distribution of modified
versions of our game client. On the main section of your site you have
many links to the modified version of our client which can be found here
http://moparisthebest.com/moparscape.html.
Information on how to 'hack' these clients and details on how to host
and program private servers can all so be found through out your forum.
client hacking
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=21.0
server development
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=51.0
These actions infringe on our intellectual property and other legal rights.
Other sections of the forums are dedicated to the development of macro
programs which damages our game and are against our terms and conditions.
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=70.0
http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=20.0
Please confirm that you will remove this web site or I will have no
choice but to instigate legal proceedings.
Regards,
Donal Phillips,
Jagex Ltd.
response 2:
To whom it may concern,
The internet is made of links, if it were not for links, I would have never found runescape.com to play your game, if it were not for links, you would have never found moparisthebest.com, links are not and cannot be illegal.
As to the "information" on my website, here in the United States of America one of our most sacred laws is this:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
 The First Amendment to the U.S. Constitution
Information is not illegal.
As to this claim of yours:
> Other sections of the forums are dedicated to the development of macro
> programs which damages our game and are against our terms and conditions.
You have to be joking, programs that I or others write on our own (for example SCAR) are 100% our code and they can be used for a multitude of purposes, just because some people use these programs to click on your game does not give you any right to have them removed and you know it, please don't send any more of these nonsensical, unfounded requests regarding programs written by others you have no claim to.
Sincerely
moparisthebest.com administrator
> To whom it may concern,
>
> With regards to your site moparisthebest.com, which is the epicentre of
> a community that is heavily involved in the distribution of modified
> versions of our game client. On the main section of your site you have
> many links to the modified version of our client which can be found here
>
> http://moparisthebest.com/moparscape.html.
>
> Information on how to 'hack' these clients and details on how to host
> and program private servers can all so be found through out your forum.
>
> client hacking
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=21.0
>
> server development
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=51.0
>
> These actions infringe on our intellectual property and other legal
> rights.
>
> Other sections of the forums are dedicated to the development of macro
> programs which damages our game and are against our terms and conditions.
>
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=70.0
>
>
> http://www.moparisthebest.com/smf/index.php?PHPSESSID=a518906ee5430c4c2bf7c62c573d5fda&board=20.0
>
>
> Please confirm that you will remove this web site or I will have no
> choice but to instigate legal proceedings.
>
> Regards,
>
> Donal Phillips,
> Jagex Ltd.
>
> [email]admin@moparisthebest.com[/email] wrote:
>> Hello from moparisthebest.com,
>>
>> I am the owner and operator of moparisthebest.com, as such I do not
>> allow
>> any copyrighted or illegal items on my server, and I work hard to keep
>> it
>> that way.
>>
>> If you would be so kind to point me to any items that are illegal or
>> copyrighted on my server, I would be more than happy to immediately
>> remove
>> them.
>>
>> Please reply with this information in at your earliest convenience.
>>
>> Sincerely
>>
>> moparisthebest
>>
>>> Hello from Jagex,
>>>
>>> I work within Community Management for the massive multiplayer online
>>> game RuneScape (www.RuneScape.com).
>>>
>>> I have discovered that your website at http://www.moparisthebest.com
>>> undertakes or facilitates the distribution of modified versions of our
>>> game client.
>>>
>>> The site also offers access to information that encourages your members
>>> to run their own private servers.
>>>
>>> Such behaviour damages our game and infringes our intellectual property
>>> and other legal rights.
>>>
>>> Please contact me within 7 days to confirm that you will stop this
>>> activity.
>>>
>>> Otherwise I will pass the matter to our lawyers.
>>>
>>> Sincerely
>>>
>>> Donal Phillips
>>> Jagex Ltd.
>>>
>>>
>>
>>
>
>
email and registered letter:
Dear Sir
www.moparisthebest.com (“the Websiteâ€)
We act for Jagex Limited. As you know our client has owned and operated
RuneScape, the well-known online multiplayer adventure game, at a
website at
runescape.com since 2001. There are currently some 4.1 million active
registered players of the game in over 15 countries. Our client’s
turnover
in its last financial year to March 2005 was in excess of £5 million
(approximately $9 million).
Our client owns Community Trade Mark E2942761, UK Trade Mark 2302308
and US
Trade Mark 2829952 for the word RUNESCAPE in classes 16, 25 and 41. Our
client also has common law rights (and/or under company name / unfair
competition law or equivalent) in the name RUNESCAPE deriving from its
extensive use outlined above.
We understand that you are the owner / operator of the Website and have
previously communicated with you regarding the infringements mentioned
below. Your Website infringes our client’s rights as follows:
The Website is being used to facilitate the distribution of software
robots
and / or similar programs (“botsâ€) for the purpose of cheating (as well
as
related discussion groups).
Clearly you or persons authorised by you have used our client’s site to
effect these transactions and you have thereby become bound by - and
breached - our client’s contract which strictly forbids such
activities.
In any case you have tortiously induced the other parties to break
their
contracts with our client.
These transactions damage the game’s reputation and cause our client
financial loss. Not only do they enable players to advance without
spending
time playing the game (resulting in loss of revenue) but honest players
are
discouraged from playing as a result.
Breaching our client’s contract means that any use by you of our
client’s
site is unlicensed and thereby infringes our client’s intellectual
property
rights in its site. Furthermore our client’s contract confirms that all
RuneScape characters and items are and remain our client’s intellectual
property.
Bots infringe our client’s copyright by copying and modifying our
client’s
software and/or by attempting to circumvent our client’s copyright
protection mechanisms. Bots also constitute a trespass to chattels.
The transactions are criminal offences insofar at they incite, counsel,
procure or assist persons to gain unauthorised access to our client’s
computer systems.
Our client’s trade mark RUNESCAPE is being used on the Website in a
manner
which is not in accordance with honest practices in commercial matters
and
which without due cause takes unfair advantage of, or is detrimental
to, the
distinctive character of the mark. This is trade mark infringement.
We note on that on the Website you admit to cheating on RuneScape this
admission has been captured as evidence and may be used at a later
stage
should it become necessary to do so.
Please cease all activity outlined above within 7 days from today.
Otherwise
our client will have little choice but to initiate formal legal steps
to
protect its position.
Yours faithfully
Adlex Solicitors
www.adlexsolicitors.co.uk
Tel: +44 (0) 207 317 8400
Fax: +44 (0) 207 317 8405
Mob: +44 (0) 7775 635 835
76A Belsize Lane, London, NW3 5BJ
The sender does not guarantee that this message including any
attachment is
secure or virus free. Also, it is confidential and may be privileged or
otherwise protected from disclosure. If you are not the intended
recipient,
do not disclose or copy it or its contents. Please telephone or email
the
sender and delete entirely from your system.
final response:
I act for moparisthebest.com, As you may or may not know I have worked as a cashier at a grocery store since 2002, In my limited free time I run a website whose forums have no more than 1000 active members, divide that by your claimed 4.1 million active runescape players and you get the percentage of 0.02349% of your userbase, subtract the large portion of the members such as myself who have not played runescape for over a year and you see how many are left. My turnover last financial year to march 2005 was in excess of $2000 dollars, all of which went to my living expenses. If I liquidated all of my assets, which consists of a 1989 Chevrolet S10, my net worth would be around $1000 dollars.
I own the name moparisthebest, I fail to see how this infringes on any trademark that you own, please correct me if I am mistaken.
I don't know what you are refferring to about having contact with me previously, because I have never recieved nor sent an email from adlexsolicitors in the past.
My website does have programs that either my members or I have written. Most of these programs are released open source under the gnu/gpl license and frankly are none of your business. The fact that some of these programs can be used for multiple purposes, one being to cheat on runescape, is complelly irrelevant.
As to anyone "using your client's site to effect these transactions" I have no idea what that means. My site has very explicit rules against any and all selling or trading of runescape characters and items. I simply do not allow it. Next time do your homework first before making false accusations.
I have never "tortiously induced" anything, whether your clients break thier contracts with you is bewtween you and them, leave me out of it.
In no way possible could my website be causing your client financial loss, even if your clients cheat on runescape, you already have your monthly fee and they keep the window open and logged in no matter what. Again, let me emphasize that I have nothing to do with your clients decision to cheat or not.
I don't use your clients site, therefore I am not infringing on anything belonging to them. However, if you or your client use my site, you are breaking the contract anyone must agree to in order to use my site, also note that I record the IP address of anyone who agrees with the contract. I have never disputed the fact that all runescape characters and items are your clients intellectual property, again, any selling or buying of anything on my forums is expressly prohibited.
Nothing on my site has anything to do with gaining unauthorized access to any computer systems. I still haven't the faintest idea what these "transactions" you speak of imply.
I would ask that you point me to the exact United States law that prohibits me from even mentioning the word runescape, I use it in no way for a monetary gain, which I believe is the only way one could use it in an illegal manner. I don't use the word runescape in any way differing from that of other communities you support such as tip.it and runehq.com.
Please cease all ignorant, unfounded accusations within 7 days from today.
As a side note, I have not played runescape or used your clients website within the last year or more, well before this website was started. Also note that I reserve the right to publicly post and/or publish this and all future coorespondence for the public to see. You may do the same.
Yours faithfully
moparisthebest.com administrator