It was a really scary 30 hours, hoping that MyWii / MyPSP / My360 / MyDS / MyGames will be back up again, and every moment that we loose, we might loose some respect from our members. Hopefully you guys will stick around and be loyal to our community here.
I am really glad our server is back up again, and from now onwards, I will try to mitigate the risks by splitting the sites onto different servers, and banning ModChip related listings on MyGames. And piracy talk on all the user community sites.
OK, I presume you guys want to know why we were shut down for that 30 hours. Here is a letter from ESA that might explain things a little better.
Although WiiKey is not illegal here in Australia, our servers are provided by GoDaddy, and they can turn it off if they feel the slightest breeze of threat, which is what they did. Fortunately they didn't proceed with any further actions, and all I had to do is remove the content in question, and prevent it from happening in the future.
Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA
Attention: Intellectual Property Enforcement
Telephone: 202-223-2400
E-mail: dmcaresponse@theesa.com
April 23, 2007
Dear Go Daddy Software:
The Entertainment Software Association ("ESA") is a U.S. trade =
association that represents the intellectual property interests of =
numerous companies that publish interactive games for video game =
consoles, personal computers, handheld devices and the Internet =
(hereinafter collectively referred to as "ESA members"). ESA is =
authorized to act on behalf of ESA members whose copyright and other =
intellectual property rights it believes to be infringed as described =
herein.
The sale of circumvention devices, including modification chips, is =
actionable under federal law. The Digital Millennium Copyright Act (17 =
U.S.C. =A7 1201) ( "DMCA") prohibits the manufacture, sale, import or =
offer to the public of any technology, product, service, device, =
component or part thereof that is designed to circumvent a technological =
measure that protects the right of a copyright owner or controls access =
to a work protected under federal copyright law.
ESA has a good faith belief that the IP address 208.109.18.5 =
(http://www.mygames.com.au/details.aspx?id=3D141) infringes the rights =
of one or more ESA members by offering for sale circumvention devices.
The circumvention devices appearing on, or made available through, the =
through the above-listed IP address are listed and/or identified thereon =
by depiction, description, and/or name (the circumvention devices are =
hereinafter referred to as "Infringing Material.")
Based on the information at its disposal, ESA has a good faith belief =
that the Infringing Material is not authorized by the copyright owner, =
any licensee or agent thereof, or the law.
Accordingly, ESA hereby requests Go Daddy Software to immediately do the =
following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed =
above.
3. Take appropriate action against the account holder under your Abuse =
Policy/Terms
of Service Agreement, including termination of a repeat offender.
ESA believes that the information in this notification is accurate. =
Under penalty of perjury, I hereby affirm that ESA is authorized to act =
on behalf of ESA members whose exclusive copyright rights we believe to =
be infringed as described herein. Go Daddy Software or the account =
holder may contact ESA at the above-listed contact details, with email =
preferred. Please include the above-noted Reference Number in the =
subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
Submitted by MrDS
26/04/2007
127
14
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