Hello, I own AV arcade, an arcade script. I also sell gamepacks which include a large assortment of games. I purchased these gamepacks from these very forums with reseller rights. I now have someone who is the author of one of these games threatening to sue me for $50,000 because his game is in there, and apparently it shouldn't be. Within hours of him contacting me I removed the game from the pack. But he's adamant on suing me it seems. Does he actually have a case? I am in the UK, he is in the US, does that make a difference? I've been very reasonable with him I feel, and a normal person would just say thanks for removing the game and move on. But this guy for some reason seems extremely pissed. How was I supposed to know his game wasn't supposed to be in the pack? Thanks, Andy
I'm not positive if he has a case or not. If you took it out of the pack and are not selling it any more then I don't see how you could get charged. Yes it does matter that you are in the UK if you were in the US then you would have to go by different laws. Since you are in the UK you would need to find out from a local source.
Does he actually have a case? If he is the copyright owner, then yes, he has a case. I am in the UK, he is in the US, does that make a difference? It is going to make it more difficult, but they can still sue. How was I supposed to know his game wasn't supposed to be in the pack? It's your responsibility to get documentation/proof that you have rights from the copyright holder. I would guess the vast majority of packaged content sold on DP is infringing. Buying from an established source at least gives you some recourse in these situations. Trying to track down some poster in another country is going to be a lot harder- not to mention you are probably dealing without someone that you couldn't recover damages from. I would stop all correspondence with this other party immediately. It isn't likely they will file suit, but if they do, everything you say to them can be used against you. You should consult an attorney if you feel they are actually going to proceed with filing a suit.
NO, he has a case against you, as many of the game pack sold on fourms are full of copyright games (ie: Nintendo, Sega and Atari), he's just trying to stop you from selling the games, that he's also selling on the same boards.
I remember I came across a great discussion on this issue on newsground. Try searching their forum. One person had a great point on this topic. It was something about how owners allowed their games to be distributed. I can't really remember but it was a good argument. I'm not a lawyer but my personal opinion is that there is no way he can get $50,000. First of all he has to prove that you caused him a loss. If he distributes the game for free then how is he losing money?