Nexon Fri Mar 26, 2010 10:26 pmWe have received what appears to be a valid DMCA complaint, involving domains under your control. Please note that Hostgator has only passed on the validity of the Claimant's notice 17 U.S.C. Sec. 512 and has not sought to determine whether the Infringing Materials on the Web Site do indeed infringe upon the Claimant's intellectual property rights. We therefore strongly recommend that you immediately remove the Infringing Materials.
You are required to contact us within the next 48 hours with either a counter-notification, or the steps you have/will take to remedy this situation. If a response has not been received within a 48 hour period, we will be forced to disable this material in accordance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.
Under the Digital Millennium Copyright Act, you have the right to file a "counter-notice" claiming that either (a) that the Claimant is wrong and that the Infringing Material is lawfully posted on the Web Site or (b) that the Infringing Material has been misidentified. We encourage you to review the procedures for filing a counter-notice, and to use this online form at http://www.chillingeffects.org/dmca/counter512.pdf to create a counter-notice with all the required elements. If you need any further information on how to file a counter notice, please let us know and we will be happy to assist you.
You may send a counter-notice using postal mail or fax; email is not accepted.
Our postal address is:
HostGator LLC
Attn: DMCA/Legal
11251 Northwest Freeway, Suite 400
Houston, TX 77079
Our Fax is: (281) 476-7801
From: Lloyd Korn [mailto@nexon.net]
Sent: Monday, March 08, 2010 1:36 PM
To: Legal Response; Copyright
Subject: RE: DMCA Complaint from Nexon
Thank you for your help.
Here is a copy of their new temporary home page:
As you can see, there is a link called "Download Client". This link
connects their members to their unlawful private server software. As
you know, linking to infringing material as a way to circumvent
copyright laws is illegal. As you can see from the above, it also
states that the "Server Status:Online" which means that people still
can connect to their private server. So while they changed their
website, they are still doing the same thing which is distributing their
private server and infringing upon Nexon''s intellectual property.
Because of this, I strongly request that you shut them down now, as they
are trying to undermine your requests and circumvent copyright laws.
Please do this immediately.
Thank you,
Lloyd Korn
Nexon America Inc.
General Counsel
Main (213) 858-5930
Fax (213) 858-5940
Email lkorn@nexon.net
www.nexon.net
The information contained in this message and any attachment may be
proprietary, confidential, and privileged or subject to the work product
doctrine and thus protected from disclosure. If the reader of this
message is not the intended recipient, or an employee or agent
responsible for delivering this message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender and delete all copies.
-----Original Message-----
From: legal-response@theplanet.com [mailto-response@theplanet.com]
Sent: Monday, March 08, 2010 6:12 AM
To: Lloyd Korn; copyright@theplanet.com
Subject: DMCA Complaint from Nexon
To Whom It May Concern:
Please note that our customer has represented to us that the content
referenced in your attached complaint has been removed and/or disabled.
The Planet Incident Response Center
---------
From: Lloyd Korn [mailto@nexon.net]
Sent: Monday, March 01, 2010 11:30 AM
To: Copyright
Subject: DMCA Takedown Notice
To whom it may concern:
Nexon America Inc. ("Nexon") is the owner of the Website,
http://www.nexon.net (the "Website") The website contains Nexon''s
copyrighted material and the intellectual property in the Video Games on
the Website, which include the game MapleStory (the "Game"), as well as
the original images on the Website and embedded in the Game, and the
object and source code for the site. In addition, Nexon is the owner of
the trademarks NEXON and MapleStory, as well as hundreds of other
trademarks used in association with the website.
This
website is a haven for private servers of the Game, and for those who
have illegally misappropriated Nexon''s intellectual property: The people
who run this Rogue Website specifically distribute and allow for the
download of private server software for the Game and the pirated source
code of the Game. Because of this, the Rogue Website is severely
damaging the Game and is hurting Nexon''s business. In addition, they are
misappropriating Nexon''s intellectual property for their own commercial
gain.
You need to look no further than the
to see Nexon
copyrighted source code, artwork and protected Trademarks all over the
site which is used by the owner of the site to promote its private
server software and collect money from those who visit the site.
I hereby state that Nexon America Inc. is the owner of copyright in the
images attached hereto and that to the best of my knowledge and belief,
the infringing use was not authorized by it, its agents or the law. I
further declare under penalty of perjury that this notice is accurate
and that I am authorized to act as Nexon America Inc.''s agent in this
matter. Pursuant to the Digital Millennium Copyright Act, your
Acceptable Use Policy and your Terms of Service, Nexon America Inc.
demands that you shut down the Rogue Website and remove the infringing
material contained on said site. Please send a message to them that you
do not tolerate infringement of intellectual property.
You may reach me by e-mail at lkorn@nexon.net if you have any questions
about this matter. The foregoing is not intended as a complete statement
of our rights and remedies, all of which are hereby expressly reserved.
Sincerely,
Lloyd Korn
Lloyd Korn
Nexon America Inc.
General Counsel
Main (213) 858-5930
Fax (213) 858-5940
Email lkorn@nexon.net
www.nexon.net
The information contained in this message and any attachment may be
proprietary, confidential, and privileged or subject to the work product
doctrine and thus protected from disclosure. If the reader of this
message is not the intended recipient, or an employee or agent
responsible for delivering this message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender and delete all copies.
You are required to contact us within the next 48 hours with either a counter-notification, or the steps you have/will take to remedy this situation. If a response has not been received within a 48 hour period, we will be forced to disable this material in accordance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.
Under the Digital Millennium Copyright Act, you have the right to file a "counter-notice" claiming that either (a) that the Claimant is wrong and that the Infringing Material is lawfully posted on the Web Site or (b) that the Infringing Material has been misidentified. We encourage you to review the procedures for filing a counter-notice, and to use this online form at http://www.chillingeffects.org/dmca/counter512.pdf to create a counter-notice with all the required elements. If you need any further information on how to file a counter notice, please let us know and we will be happy to assist you.
You may send a counter-notice using postal mail or fax; email is not accepted.
Our postal address is:
HostGator LLC
Attn: DMCA/Legal
11251 Northwest Freeway, Suite 400
Houston, TX 77079
Our Fax is: (281) 476-7801
From: Lloyd Korn [mailto@nexon.net]
Sent: Monday, March 08, 2010 1:36 PM
To: Legal Response; Copyright
Subject: RE: DMCA Complaint from Nexon
Thank you for your help.
Here is a copy of their new temporary home page:
As you can see, there is a link called "Download Client". This link
connects their members to their unlawful private server software. As
you know, linking to infringing material as a way to circumvent
copyright laws is illegal. As you can see from the above, it also
states that the "Server Status:Online" which means that people still
can connect to their private server. So while they changed their
website, they are still doing the same thing which is distributing their
private server and infringing upon Nexon''s intellectual property.
Because of this, I strongly request that you shut them down now, as they
are trying to undermine your requests and circumvent copyright laws.
Please do this immediately.
Thank you,
Lloyd Korn
Nexon America Inc.
General Counsel
Main (213) 858-5930
Fax (213) 858-5940
Email lkorn@nexon.net
www.nexon.net
The information contained in this message and any attachment may be
proprietary, confidential, and privileged or subject to the work product
doctrine and thus protected from disclosure. If the reader of this
message is not the intended recipient, or an employee or agent
responsible for delivering this message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender and delete all copies.
-----Original Message-----
From: legal-response@theplanet.com [mailto-response@theplanet.com]
Sent: Monday, March 08, 2010 6:12 AM
To: Lloyd Korn; copyright@theplanet.com
Subject: DMCA Complaint from Nexon
To Whom It May Concern:
Please note that our customer has represented to us that the content
referenced in your attached complaint has been removed and/or disabled.
The Planet Incident Response Center
---------
From: Lloyd Korn [mailto@nexon.net]
Sent: Monday, March 01, 2010 11:30 AM
To: Copyright
Subject: DMCA Takedown Notice
To whom it may concern:
Nexon America Inc. ("Nexon") is the owner of the Website,
http://www.nexon.net (the "Website") The website contains Nexon''s
copyrighted material and the intellectual property in the Video Games on
the Website, which include the game MapleStory (the "Game"), as well as
the original images on the Website and embedded in the Game, and the
object and source code for the site. In addition, Nexon is the owner of
the trademarks NEXON and MapleStory, as well as hundreds of other
trademarks used in association with the website.
This
website is a haven for private servers of the Game, and for those who
have illegally misappropriated Nexon''s intellectual property: The people
who run this Rogue Website specifically distribute and allow for the
download of private server software for the Game and the pirated source
code of the Game. Because of this, the Rogue Website is severely
damaging the Game and is hurting Nexon''s business. In addition, they are
misappropriating Nexon''s intellectual property for their own commercial
gain.
You need to look no further than the
to see Nexon
copyrighted source code, artwork and protected Trademarks all over the
site which is used by the owner of the site to promote its private
server software and collect money from those who visit the site.
I hereby state that Nexon America Inc. is the owner of copyright in the
images attached hereto and that to the best of my knowledge and belief,
the infringing use was not authorized by it, its agents or the law. I
further declare under penalty of perjury that this notice is accurate
and that I am authorized to act as Nexon America Inc.''s agent in this
matter. Pursuant to the Digital Millennium Copyright Act, your
Acceptable Use Policy and your Terms of Service, Nexon America Inc.
demands that you shut down the Rogue Website and remove the infringing
material contained on said site. Please send a message to them that you
do not tolerate infringement of intellectual property.
You may reach me by e-mail at lkorn@nexon.net if you have any questions
about this matter. The foregoing is not intended as a complete statement
of our rights and remedies, all of which are hereby expressly reserved.
Sincerely,
Lloyd Korn
Lloyd Korn
Nexon America Inc.
General Counsel
Main (213) 858-5930
Fax (213) 858-5940
Email lkorn@nexon.net
www.nexon.net
The information contained in this message and any attachment may be
proprietary, confidential, and privileged or subject to the work product
doctrine and thus protected from disclosure. If the reader of this
message is not the intended recipient, or an employee or agent
responsible for delivering this message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender and delete all copies.
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