ESA Contacting to remove R4's

Discussion in 'R4 DS' started by Hit, Nov 7, 2007.

  1. Hit
    OP

    Hit GBAtemp Advanced Fan

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    Hello
    ESA (http://www.theesa.com/index.php) recentely contacted my boss to stop selling R4's
    But we don't trust it(Could be a rival as we are cheaper then others)
    As why wouldn't they contact R4 Manufactor
    My boss has a headache so I'm helping him and maybe somebody that knows more about R4 can help us
    The email says the R4 contains Boot Codes from nintendo
    And we only offer the R4 as Homebrew device!

    Please some one with the knowledge help us!
    Also ESA says R4 Company reverse engineered for the code
    How's that possible as that is not possible
    Also Company is located in HongKong and ESA is USA only right?

    EDIT:
    Email

    Please see the following link regarding circumvention of copyright protected systems:http://www.copyright.gov/title17/92chap12.html#1201

    These devices circumvent copryright protection measures implemented by the console's manufacturer and are used to play pirated Nintendo GBA and DS games directly from a flash memory card. Additionally, Nintendo engineers have tested devices such as these and some, including the R4, contain copyrighted boot code that is normally found on authentic DS cartridges. Please remove or disable access to the infringing material as requested in the DMCA notice below.

    Regards,
    Jake Snyder

    Manager, Internet Enforcement
    Entertainment Software Association
    575 7th Street, NW Suite 300
    Washington, DC 20004
    Phone: (202) 223-2400 x134
    http://www.theESA.com
    jsnyder@theESA.com

    The reason why an American company able to remove chinese products is that the Servers are located in USA and there are American purchasers
    The bully's even contacted the hosting company already
    Also somebody notices the spelling mistakes(console's, copryright)
     


  2. square

    square The Professor

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    Well the A in ESA does stand for America. With the way the American government is going they try to enforce whatever they want to. The ESA is short for Entomological Society of America, BTW.
     
  3. Glacius0

    Glacius0 GBAtemp Advanced Fan

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    As far as I know, nothing about the r4 on it's own should be illegal. I wouldn't be worried. Could you post the e-mail in question? I think it may help determining how valid it is.
     
  4. Hit
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    Hit GBAtemp Advanced Fan

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    Email

    Please see the following link regarding circumvention of copyright protected systems:http://www.copyright.gov/title17/92chap12.html#1201

    These devices circumvent copryright protection measures implemented by the console's manufacturer and are used to play pirated Nintendo GBA and DS games directly from a flash memory card. Additionally, Nintendo engineers have tested devices such as these and some, including the R4, contain copyrighted boot code that is normally found on authentic DS cartridges. Please remove or disable access to the infringing material as requested in the DMCA notice below.

    Regards,
    Jake Snyder

    Manager, Internet Enforcement
    Entertainment Software Association
    575 7th Street, NW Suite 300
    Washington, DC 20004
    Phone: (202) 223-2400 x134
    http://www.theESA.com
    jsnyder@theESA.com

    Another one:
    From the Hosting Company





    Entertainment Software Association

    575 7th Street, NW, Suite 300

    Washington, DC 20004 USA



    Attention: Intellectual Property Enforcement

    Telephone: 202-223-2400

    E-mail: dmcaresponse@theesa.com



    November 5, 2007



    Dear (...):



    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 (hereinafter 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.



    The sale of circumvention devices, including modification chips, is actionable under federal law. The Digital Millennium Copyright Act (17 U.S.C. ?? 1201) ( "DMCA") prohibits the manufacture, sale, import or offer to the public of any technology, product, service, device, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner or controls access to a work protected under federal copyright law.



    ESA has a good faith belief that the IP address x.x.x.x [.. our domain ..] infringes the rights of one or more ESA members by offering for sale circumvention devices. URLs include but are not limited to:



    [.. bunch of our urls ..]



    The circumvention devices appearing on, or made available through, the through the above-listed IP address are listed and/or identified thereon by depiction, description, and/or name (the circumvention devices are hereinafter referred to as "Infringing Material.")



    Based on the information at its disposal, ESA has a good faith belief that the Infringing Material is not authorized by the copyright owner, any licensee or agent thereof, or the law.



    Accordingly, ESA hereby requests [you] 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.



    ESA believes that the information in this notification is accurate. Under penalty of perjury, I hereby affirm that ESA is authorized to act on behalf of ESA members whose exclusive copyright rights we believe to be infringed as described herein. *hidden* 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





    Jake Snyder

    Manager, Internet Enforcement

    Entertainment Software Association

    575 7th Street, NW Suite 300

    Washington, DC 20004

    Phone: (202) 223-2400 x134

    http://www.theESA.com

    jsnyder@theESA.com
     
  5. SouthPaw

    SouthPaw Newbie

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    Examine the header info on the original email. Should be easy to tell if it is from the ESA or not...
     
  6. Hit
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    Hit GBAtemp Advanced Fan

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    Checked - its legit
    Actually my boss knew it was legit already but i didn't so that explains that
     
  7. mikagami

    mikagami GBAtemp Fan

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    Not too bright there at the ESA, huh?

    EDIT: Whoops, see you already noticed. [​IMG]
     
  8. ackers

    ackers GBAtemp Advanced Fan

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    Nvm
     
  9. Hit
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    Hit GBAtemp Advanced Fan

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    Yes we also thought they where very unprofessional
     
  10. adgloride

    adgloride Its A Wii Wario

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    They ain't going to win the war on piracy by stopping one shop from selling the R4 [​IMG]
     
  11. Kingfield

    Kingfield GBAtemp Advanced Fan

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    So you guys can't sell the R4 anymore?
     
  12. GundamXXX

    GundamXXX Ergo Ego

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    rofl

    I hope you realize this is crap since the american government has no businiss in Holland.. theyr full of it
     
  13. MrKuenning

    MrKuenning GBAtemp Regular

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    Its totaly fake. Its not that hard to re route an address throught a URL like that. I get them all the time from ebay.com, amazon.com Totaly fake... So I dont buy this...

    Hmm...
     
  14. shakirmoledina

    shakirmoledina Legend

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    Wait, if u receive a second email then maybe take action
     
  15. Javacat

    Javacat GBAtemp Fan

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    Just ignore it. Become slightly concerned if you receive a Cease and Desist order in the post.
     
  16. macherie

    macherie Advanced Member

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    Yeah i think it's totally fake, you could always send an email to the ESA, enquiring if they really have someone by the name of "Jake Snyder" sounds sus to me, also i think they copied the whereabouts from the website.

    http://www.theesa.com/contact/index.php

    Never heard of such a position as, Manager of Internet enforcement. LOL.
     
  17. Lee79

    Lee79 Hyper...Active...Team Fortress 2 Addict

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    I would just ignore it. It is not an official legal document if it was from a lawyer/solicitor then you should take notice. I would not worry.
     
  18. Doggy124

    Doggy124 GBAtemp Advanced Fan

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    Shutdown the factory seem to be better way if they want to destroy R4.
     
  19. Hit
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    Hit GBAtemp Advanced Fan

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    We decided to remove it until we are sure we can sell it or not
    The terrible thing is we got about thousands of R4

    Actually the office and warehouse are located in HongKong
    But our hosting company is in America which is the only thing that makes a problem
     
  20. bhamophet

    bhamophet Advanced Member

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    thousands?OVER 9000!!!!!!!!!!!!!!!!!

    so wad happen to those wares then?