Getting permission from the person who made the game is irrelevant if they haven't licensed the use of Sonic in the first place. Serious guys, this thread is so full of bad advice as to be funny if this wasn't a legal situation with serious consequences. With that said, taking down the offending game should be enough for the hosting company, you shouldn't need to take the whole site down.
Wrong. When you create content, illustrations, games, etc. they have an automatic copyright. You ALWAYS need permission to use something you did not create.
wow, that's pretty dumb.... If you want a new host that will let you keep a site up, just ask me. I own a hosting company, and would be glad to let you host your site on it, for very cheap. I actually also have a new flash site of my own, VPArcade, and i hope nothing like this ever happens to me :S. Anyway, ya, if you want hosting as low as $1.99 a month for your site, just PM me or email me. I can get a site up for you within minutes of your payment P.S. My email is
Look at the stuff on this site: http://www.newgrounds.com/portal/search/title/sonic They have adult sonic flash. They also have the game, ultimate flash sonic. Like I said, I think it was just a competitor. I can put my site back up, but I am not going to until I get permission.
You dont have to remove your entire site, just the content in question. And unless you have been contacted by the DMCA I dont recommend changing anything.... Just my two cents
I bet that game is using up lots of bandwidth or something so your host made that up to get you to remove the game. Don't do it, But get ready to switch hosts Btw, Who are you with currently?
No you don't...as I said look at ebaumsworld. This guy started this site in like 1997 or something and stole everything. Of course he started his site when the "funny" niche was just in infantancy. And now he's a millioniar!
That is BullSh#%. You host should definitely let you know who contacted you, what content they feel is a copyright infringement, proof of the copyright, and allow you the opportunity to remove just that content. Find a different host immediately.
That's what people keep telling me, but they still won't tell me who it was. They did say it was the game Ultimate Flash Sonic.
You need to research copyrights and trademarks. You ALWAYS need permission to legally use content you did not create on a commercial site (fair use has requirements that would exclude 99.9% of DP users). Copyright infringement can be a criminal offense and people have gone to prison in extreme cases. When a person creates something, it has an automatic copyright. It's a common newbie mistake to think that just because something isn't watermarked or have "copyright" on it that it's fair game. The web is full of people who are hosting content illegally, but that doesn't mean it's ok or you can't be sued. There are thousands of cases of people being sued for copyright infringement.
They contacted me back. I may just have to rebuild the site....according to their rules of course...lol. They have to get back with me as far as adding the flash games, though. If the legal department says no, then I have to just have an information site, which is fine with me. But since they are just fan games, it might be ok. I'd just have to buy another gamepack and show proof.
Well I agree with you there are lots of people profiting off copyrighted brands/content ex www.whereswaldo.info Obviously Waldo is a copyright of someone, that is a scan copy from a Where's waldo book. Yet this still goes on daily on the net and there appears to be no end to this questionable profiteering
Actually, you're wrong. You legally need permission to use any content - be it games, writing, trademark names, pictures, etc. Without permission what you're doing is illegal. Tons of people do it, but that doesn't make it legit.
Yeah, they just told me to get a different domain and the flash games are fine. Whatever, movin' on to better things............
Why don't these guys just get together and make a list of which games are free to use and which are not and start a website for that? There needs to be a central database for digital products.
you know your siteis probley using too much cpu/bw/space so there finding excuses to kick you off the server, get your money back and move somewhere elese if interested http://forums.digitalpoint.com/showthread.php?t=604145
I see that most of these flash games have build in links pointing to the original site of the person/company that owns the game. They distribute these games and encourage people to have them on their site so when users play it they will hopefully click on the link to the original owner. I would take down that game if i was you, but you do not have to take down your site. If you have something copyrighted on your site that doesn't mean you close down your site.
Sonic Team owns the rights to Sonic - if they want it taken down they can - however it is brutal that your host took down all of your sites for this - they should have asked you to take the content down.