Posted by AndyG as Wii News at 11:58 AM EST
This was sent to us by a reader, after downloading what he swears was an old Zelda cartoon from BitTorrent, his ISP was contacted by the ESA with the following letter. In short, be careful what you download and stop downloading illegal games unless you want to lose your internet service and possibly deal with other legal issues. Now that the Virtual Console is out, Nintendo can and will take a hard stance against even older ROM’s if they wish. We highly suggest just getting the Wii system and playing your favorite games legitimately and supporting those that put in the work to bring them to us. We at The Wii Experience do not condone downloading illegal software and the following letter is an example of what your ISP may receive if you do such activities.
Here’s the letter in full:
Attention: Intellectual Property Enforcement
Telephone: ###-###-####
E-mail: esa@copyright-compliance.com19 Jan 2007 02:32:59 GMT
ISP: PenTeleData
ESA Reference Number: ###-#######Dear PenTeleData:
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 in the
United States and in other countries (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.ESA is providing this letter of notification to make PenTeleData aware
of material on its network or system that infringes the exclusive
copyright rights of and is unlawful towards one or more ESA members.Through the Berne Convention and other international treaties covering
intellectual property rights, ESA believes that its members’ rights in
such entertainment software products are entitled to the full
protection of the intellectual property law as well as other relevant
laws of your country.Based on the information at its disposal, ESA has a good faith belief
that the IP address below infringes the rights of one or more ESA
members by offering for sale or download unauthorized copies of game
products protected by copyright, or offering for sale or download
material that is the subject of infringing activities. The copyrighted
works that have been infringed include but are not limited to:Title: Zelda
Infringement Source: BitTorrent
Infringement Timestamp: 19 Jan 2007 02:52:24 GMT
Infringement Last Documented: 19 Jan 2007 02:52:24 GMT Infringer Username:
Infringing Filename: The Legend of Zelda
Infringing Filesize: 2351679488
Infringer IP Address: ###.###.###.###
Infringer DNS Name: #######################
Infringing URL: ############################The unauthorized copies of such game product(s) or the material that
is the subject of infringing activities appears on or is made
available through the above-listed IP address. Those items are listed
and/or identified thereon by their titles or variations thereof,
game-related listings/references/descriptions, or depictions of
game-related artwork. Such copies, titles, game-related
listings/references/descriptions, depictions, and material that is the
subject of infringing activities, are hereinafter referred to as
“Infringing Material.”Accordingly, ESA hereby requests PenTeleData 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.Please inform us whether you will remove or disable access to the
Infringing Material as requested. PenTeleData 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
Let this be a lesson to anyone thinking about downloading pirated movies or games, it’s truly just not worth it.
Go Nintendo » Blog Archive » Nintendo out to squash rom downloaders- What are you waiting for? Said,
January 24, 2007 @ 12:47 pm
[…] This could be you! […]
louds Said,
March 14, 2007 @ 1:20 pm
A friend of mine has had seven of those.
It is RARE for them to ever take action.
sns Said,
May 17, 2007 @ 5:44 pm
i work for PENTELEDATA and we contact these customers that deal with these legal issues like this, such as COPYRIGHTS.
Haakon Said,
June 11, 2007 @ 12:41 am
huh? It’s truly not worth this but:
The methods they used to get the information is illegal here.
That means, that had they tried something like that, a cease and desist would come from the courts immediately, and people would sue for damages. Nice to be in a country with privacy laws…
Anonn Ymuus Said,
June 29, 2007 @ 10:38 pm
Guys… Nintendo cannot pursue legal action because the Privacy law is a very prominent law and copyright laws in this case usually can only overide the privacy law in the case of one business copying the Wii software from Nintendo. Plus the ESA is American and i Live in Australia so they cannot do anything against me! Did you know that only 1 in 200 cases of copyrights infringement by one person copying software and being found out is pursued in court and only 1 in 5 of those does the person actually be convicted. So HAH! So only 1 in 1000 people who have been found out for “burning” are convicted. And lyk hardly anyone is found out anyway!
latMUSICring Said,
July 13, 2007 @ 9:30 am
What if you already own the game?
I have a disc of Wii Sports that is very scratched up and will not play. Is it still illegal to download another copy and destroy the original copy?
Veronnica Said,
August 10, 2007 @ 12:32 pm
What if you have the game in real life- you can play it on the nintendo system you have the system but you want it on the computer? It shouldn’t be illegal to download it if you have the game.
haritori Said,
November 2, 2007 @ 8:35 pm
well if he had used bT client like utorrent, and enabled encryption he wouldnt have this problem as his isp wouldnt be able to proove he downloaded anything off Torrent, also read the commenst before you DL anythign and check its ok to DL first!!
Jim Said,
November 20, 2007 @ 6:19 pm
You shouldn’t download any games unless you own the original. Not only do I own the original games of my backups but I also make my backups from my original games. You don’t need to be to smart to make the back ups. The information you need is on the internet and is free.
Joshua Said,
December 5, 2007 @ 9:30 pm
Due to the digital rights act inacted during Bill Clintons reign as president it is against the law to copy any digital media … even if said media is your own … i.e i cannot copy my lost dvds for my own use because that would violate the law
Yay America Said,
December 6, 2007 @ 3:37 pm
bahaha, its funny, america is still trying to crack down on the final frontier, the internet. We are free, and we shall remain free and fight for our freedom until the last.
big bone Said,
December 22, 2007 @ 3:30 am
Interesting… that letter actually states that the account was being used to make the game available online, from a webserver…. via torrent files… therefore the said individual was making the software available on the internet, and NOT downloading it, according to the letter. And as for you who are talking about privacy laws… the URL, IP, DNS provider, is NOT private information… it is VERY public information, and if you think you have privacy online… think again… The said letter is very much so within their rights to contact the ISP, as they are not requesting personal information, they are requesting action to cease the person from making the software available for download….
Read it again and think about it…. they are after those that make software available, not those who download it… just like the police are more interested in drug dealers (major ones) than going after the user, unless of course they want the users to give up their dealers….
glo Said,
December 24, 2007 @ 3:58 pm
You do realize if you are downloading something using BT that you ARE making it available to others? Generally speaking anyway, you can disable uploads but you won’t find too many trackers that allow straight up leeching like that.
denaroz Said,
August 13, 2008 @ 9:43 am
A friend of mine named “Miyesewf” was recently sent a similar email from the ESA for downloading the Ocarina of Time rom for N64 through a bit torrent. The ridiculous thing is, though, the game is TEN years old! Isn’t that just a tad… petty?
denaroz Said,
August 13, 2008 @ 9:56 am
Hasn’t the game been replicated and commercially exploited enough by Nintendo? Does their greed really stoop to the level of using the ESA to intimidate the online community by threatening people who have downloaded games they made tens of millions of dollars off over a decade ago? Games you can’t even buy if you tried to, games that have been off the shelves for years.
Oh wait, that’s right. They want to re-release those same games and claim them as newer ones on the DS so they can profiteer from the same thing they already made a fortune off ten years ago. The labour of developer companies they exploit. How imaginative. Way to go, Nintendo! You too, ESA (that’s the Enjoyment Stopping Assholes).
RSS feed for comments on this post · TrackBack URI