Copyrighted game

Discussion in 'Legal Issues' started by mvhs, Jan 13, 2007.

  1. #1
    1) Alright, so lets say I got this domain, registered in 2000, and a company comes out with a game in 2005, with the same name, and trademarks it. Could they take away my domain?

    2) If I used that domain, and hotlinked a copyrighted game on ANOTHER server, would I be in trouble (because I hotlinked to another server) or will the owner of the other server be?
     
    mvhs, Jan 13, 2007 IP
  2. Crusader

    Crusader Peon

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    #2
    In this case you should be safe provided that you don't have any content related to their game, nor that you have content that could be seen as confusing the visitor or trying to profit of the trademarked game.


    You could definitely be held liable and get into trouble.In the US there have been cases where people have been found guilty of infringing by linking to copyrighted material (known as contributary infringement). The precedent is certainly there for similar cases to see the linker as an infringer as well.

    Strangely enough I blogged about this issue earlier (Linking to copyrighted material unlawful). You should also take a look at this thread.

    My advice would be to NOT to link to copyrighted content that is illegally distributed. You very well can be sued and held liable for damages. At the very least you can expect a takedown notice from the game developer.

    Use common sense. You are aiding in distributing copyrighted material illegally so it's definitely not legal.

    Hope that helps!
     
    Crusader, Jan 13, 2007 IP
  3. mvhs

    mvhs Active Member

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    #3
    Could you tell me more about the trademark in domain? This domain was created long before the game was established...
     
    mvhs, Jan 14, 2007 IP