Cease and Desist
I guess it was to be expected at some point, but I wasn’t expecting it that fast, I must say.
I received a very aggressive email from WotC’s lawyers today.
It doesn’t seem to be a prank, and I do respect WotC’s work enough not to think about it twice. Downloads, videos and pictures have been (or will be soon) removed, until we can come back with a version of Wagic that doesn’t use any copyrighted material.
Please do not complain about downloads not working, we’ll be working as fast as we can to find a solution.
Below is a copy of the email I received (email address removed to prevent this poor guy from getting spam):
We are counsel for Wizards of the Coast, Inc. (“Wizards”), the owner of the copyrights and trademarks for the MAGIC: THE GATHERING® trading card game. We have recently became aware that you are posting on YouTube videos and making available on your own website a game called Wagic that you admit to be a copy of the MAGIC: THE GATHERING® trading card game. This unauthorized copying of Wizards’ MAGIC: THE GATHERING® trading card game constitutes blatant copyright infringement in violation of 17 U.S.C. § 501.
On behalf of Wizards, we therefore demand that you immediately cease and desist from providing, and remove or disable access to, the infringing content identified above, as well as to remove from your website infringing visual content copied from Wizards’ game.
In addition, to assist Wizards in determining the harm that has been done by this very serious infringement, we also demand that you furnish us with information concerning the length of time that you have been making the game available and any revenue you received from the downloads of the game. We will then be in a position to discuss monetary compensation for his unauthorized use.
Please provide us with the requested information and your written agreement to the above, as soon as possible and in any event within five days. This letter does not purport to be a complete statement of the facts or the law and is without prejudice to Wizards’ legal and equitable rights.
Kim J. Landsman
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, New York 10036-6710
Direct Tel: 212.336.2980
Direct Fax: 212.336.2985