1. 3 Questions (long)
2. Please correct my thinking if I am wrong and let me know why?



Question 1:

The person who originally discovered and distributed `If you jump on this box and then jump straight up again really quick, it will give you double the points.` is unknown and is not complaining.

A web site posts "Jump on this box and then quickly jump straight up to get double the points."

If the game software company does not like that cheat, is that infringement on the copyright of the game software company? It was Not the game software company that discovered that cheat and started to distribute it. I'm not seeing how this is infringement on Their copyright. They need to just fix it and cancel their user's accounts that use that cheat which would probably be a large percentage of their customers that pay a monthly fee. So instead, they try to hush the circulation of this knowledge.

Is providing this knowledge infringement on the copyright of the game software company?



Question 2:

> discussion of cheats have been
> posted. As unlicensed derivative
> works

A web site posts "Jump on this box and then quickly jump straight up to get double the points."

DISCUSSION of "Derivative works?"

I'm not so sure that is a derivative work nor that discussing it is infringement on any copyright held by the game software company.

Say "Application X" made to circumvent the anit-cheat software of the game WOULD be derivative work but DISCUSSING it such as "I think Application X is bad for the game" is NOT infringement on any copyright held by the gaming company.

Providing a link to download "Application X" May be copyright infringement. But they are not providing links, only discussion.

Is discussion of a derivative work copyright infringement?




Question 3:

1. It is Whirlpool policy, to have all employs show their ID when entering the property.

2. If you don't show your ID, it is Not illegal. It just violates the policy that the Employee's Agreed to follow which could cause them to be fired.

3. If I make a website that says Don't show your ID when entering the property at Whirlpool, I'm not violating any policy as I'm not an employee. I'm also not doing anything illegal.

> Certain posts on your systems, of
> discussion of cheats
> that involve use of `Software Gaming Company` games
> constitute breaches of our EULA
> and use of such cheats, constitute contributory infringements
> because they
> induce and enable third parties to violate `Software Gaming Company` copyrights.

What does an agreement between their End User's have to do with an owner of a website that never agreed to their EULA. They should cancel their End Users that violate the policy they agreed upon.


> induce and enable third parties to violate `Software Gaming Company` copyrights.

Violate copyright or do they mean EULA?


"Jump on this box and then quickly jump straight up to get double the points."

- Violate copyright?????
- Induce and enable third parties to violate copyright?????

"Jump on this box and then quickly jump straight up to get double the points."


What does an agreement between their End User's have to do with an owner of a website that never agreed to their EULA?

IANAL,

But tis is really pushing the limits of the DMCA. Other companies (Lexmark?) Have been slapped down for trying to stretch the DMCA into new areas. My personal and unprofessional opinion is that they do not have a leg to stand on and that they are hoping that the letter will be enough to scare you into removing the offensive information.

HOWEVER, you have a choice to make. You can either hire you a lawyer, make it a PR campaign (David v. Goliath) and go after their balls; or you can take the material down. (ok, third option is ignore them and hope they go away but I'm guessing that's not your best option.)

IMHO, etc.

=C=