[QUOTE=Bossland;338903]On Tuesday August 9 2011, we went to Berlin and met our lawyers, Dr. Behrmann & Härtel, who are game law specialists. The meeting went very well. It took several hours to go though the case against us and to get advice as to the strengths and weakness of each point they brought up. Having done so, we are a lot happier now than while we were sitting about waiting for the legal papers to come from Hamburg .
Unlike in the US, court papers in Germany are not all for publication so we are not attaching a PDF of the 111 page letter Blizzard sent to the Hamburg court.
Blizzard is suing us on 3 grounds:
1. Copyright.
2. Trademark
3. Inducing Breach of Contract
Blizzard has tried to tack on a personal liability action. Bossland has been served with papers on this. In German law, if you are a company director and using the company to do something you know to be against the law, you cannot hide behind the company.
The interesting part will start once Blizzard replies to our defense, as they have then to prove the squishy allegations. So there will not really be any real news until November.[/QUOTE]
Well they have already taken out Glider and I am sure that they will use some of the same
tactics with you as they did with MDY Industries.
May be a good idea to ensure your lawyer reviews these documents for
MDY Industries, LLC v. Blizzard Entertainment, Inc,
Their alligations are not that "squishy" as you may claim I would
take this very seriously. Since MDY Industries lost their case
and you could be in the same situation as MDY Industries.
It took Blizzard no time at all to run right over MDY Industries
and set president for any future cases such as yours.
And if you think that because you are in Germany that you are safe
you are wrong under the Berne Convention which Germany is a part of
under the World Itellectual Property Organization.
TREATY/BERNE/49: [Berne Convention] Ratification by the Federal Republic of Germany of the Paris Act (1971)
You can see all the countries that are signatories to the Berne Convention
at this page bellow. (Yes Germany is one of them)
The Berne Convention Signatories
MDY Industries, LLC v. Blizzard Entertainment, Inc. et al.
United States District Court, District of Arizona
Case No. 2:2006cv02555, Filed October 25, 2006
Patent Arcade: Case Update: MDY Industries, LLC v. Blizzard Entertainment, Inc. et al
MDY Industries, LLC v. Blizzard Entertainment, Inc
http://msk2.inherent.com/images/cms/file/plovnick%20metalize%20rotstein%20mdy%20industries.pdf
MDY Industries, LLC v. Blizzard Entertainment, Inc. et al - 40
Order
http://virtuallyblind.com/files/mdy/07-14-08_Order.pdf
MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Filing: 920101214
9th Circuit Court of Appeals
MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Document 920101214 - :: Justia Docs
Ninth Circuit Court of Appeals.
Published Opinion for MDY INDUSTRIES, LLC V. BLIZZARD ENTERTAINMENT, INC., 09-15932
Court of Appeals again Case #: 09-15932
MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Document 920110217 - :: Justia Docs
MDY Industries Opening Brief 09/14/2009 Case: 09-15932 DktEntry: 7060666
https://www.eff.org/files/MDY%27s%20Opening%20Brief.pdf
Listen to recording for case: MDY Industries, LLC v. Blizzard Entertainment, Inc.
Case Number: 09-15932 Hearing Date: 06/07/2010
Listen to recording for MDY Industries, LLC v. Blizzard Entertainment, Inc., No. 09-15932
Fred von Lohmann (September 25, 2009). "You Bought It, You Own It: MDY v. Blizzard Appealed"
https://www.eff.org/deeplinks/2009/09/you-bought-it-you-own-it-mdy-v-blizzard-appealed
No comments:
Post a Comment