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Sega threatens legal action against YTMND

B

Beezy

Member
What the **** is going on with the gaming forum today? So much ridiculous shit. This reply is hilarious. :lol
 
K

Kapsama

Member
lol @ the bootleg Xzibit reponse.

and contrary to what legal assistant DZK claims, Sonic Adventure was awesome.:)
 
G

Greenpanda

Banned
Sega's legal threats are silly, of course, but is posting some Score: -1, Offtopic racist, homophobic rant in response really going to convince anyone to take YTMND's side?
 
L

Lobster

Banned
:lol GG Sega.

I could imagine Sega kneeling down in shame while Sony,Microsoft and Nintendo look down at them and at the top..is Sean Connery.
 
K

KyotoMecca

Member
All it is is some bored lawyer idiot at Sega UK. He should be fired for damaging Sega's reputation - ironically. Somebody point this out to Sega Europe management? And I mean respectfully, it's not the fault of these guys.

Naoya Tsurumi tsurumin at soe.sega.co.uk
Mike Hayes hayesm at soe.sega.co.uk

Bye-bye Brett Farrell. Cock.
 
S

shuri

Banned
Sega should be sued instead for being a gateway to complete furryness. If anything something those crazy links of the day at SA taught me, is that all furries started their obsession with Sonic
 
S

skybaby

Member
KyotoMecca said:
All it is is some bored lawyer idiot at Sega UK. He should be fired for damaging Sega's reputation - ironically. Somebody point this out to Sega Europe management? And I mean respectfully, it's not the fault of these guys.

Naoya Tsurumi tsurumin at soe.sega.co.uk
Mike Hayes hayesm at soe.sega.co.uk

Bye-bye Brett Farrell. Cock.
Click to expand...
Damaging what reputation Doree? :lol
 
C

Chao

Member
legend.gif
 
S

Stumpokapow

listen to the mad man
Greenpanda said:
Sega's legal threats are silly, of course, but is posting some Score: -1, Offtopic racist, homophobic rant in response really going to convince anyone to take YTMND's side?
Click to expand...

Thankfully the law doesn't operate on "who seems to be more mature", it operates on... uh... the law?

Jenga said:
Am I the only one who wants YTMND to get their ass sued off? YTMND has really gone down the tubes.
Click to expand...

... so you want a company to be sued even though it is prima facie not breaking the law just because you don't like the company? AWESOME!
 
F

Fularu

Banned
Parody is a thing, diffamation an another

One is allowed by law, the other one condemned, and at that point, I believe YTMND has reached diffamation status and can easily be pursued for image tarnishing, diffamation and IP molesting.

You may not be aware of that, but all your "sega is lame, serves them right" and other crap like that won't change much of that fact.
 
S

Stumpokapow

listen to the mad man
Fularu said:
Parody is a thing, diffamation an another

One is allowed by law, the other one condemned, and at that point, I believe YTMND has reached diffamation status and can easily be pursued for image tarnishing, diffamation and IP molesting.

You may not be aware of that, but all your "sega is lame, serves them right" and other crap like that won't change much of that fact.
Click to expand...

It's defamation, not "diffamation". "IP molesting" and "image tarnishing" don't exist. YTMND is not defamation. Defamation requires a statement of fact; IE if I assert that "Fularu is a known and convicted drug dealer", that is a defamatory statement. If it's an assertion of opinion (IE "Fularu is a doofus"), it is not defamatory.

YTMND, since it does not factually assert anything, cannot be defamatory.

You also cannot defame IP or any non-real entity. Unless Sonic is a human being and the plaintiff in this case, there is no standing present.

Further, defamation only exists when "actual malice" (legal term) is present. If I hear that you are a convicted drug dealer and repeat it, I am not defaming your character. I must be knowingly aware that what I am saying is factually incorrect and say it anyway.

Finally, California precedent says that web sites cannot be sued over defamatory statements made by members of those web sites or by other web sites linked to by the original site. As I'm sure you are aware, YTMND would be covered by this provided other state or federal courts agree with the California precedent or YTMND is served in California.

In summary, you don't know much about defamation.
 
Schattenjäger

Schattenjäger

Gabriel Knight
Stumpokapow said:
It's defamation, not "diffamation". "IP molesting" and "image tarnishing" don't exist. YTMND is not defamation. Defamation requires a statement of fact; IE if I assert that "Fularu is a known and convicted drug dealer", that is a defamatory statement. If it's an assertion of opinion (IE "Fularu is a doofus"), it is not defamatory.

YTMND, since it does not factually assert anything, cannot be defamatory.

You also cannot defame IP or any non-real entity. Unless Sonic is a human being and the plaintiff in this case, there is no standing present.

Further, defamation only exists when "actual malice" (legal term) is present. If I hear that you are a convicted drug dealer and repeat it, I am not defaming your character. I must be knowingly aware that what I am saying is factually incorrect and say it anyway.

Finally, California precedent says that web sites cannot be sued over defamatory statements made by members of those web sites or by other web sites linked to by the original site. As I'm sure you are aware, YTMND would be covered by this provided other state or federal courts agree with the California precedent or YTMND is served in California.

In summary, you don't know much about defamation.
Click to expand...
well put!
why would that doofus want ytmnd to get sued? that site alone has generated more laughs than any site on the net.
 
B

Bloodwake

Member
One website you don't **** with is YTMND.

Everyone who bought a Sonic game in the last three years HAS been anally raped. And now you **** with YTMND.

:lol at the responses.
 
M

mentalfloss

Banned
Actually, this is really a ploy by IGN in order to fool Gaffers. IGN contracted YTMND to create a fake document of consent from Sega's lawyer. Looks like you guys got duped.
 
F

Fularu

Banned
Stumpokapow said:
It's defamation, not "diffamation". "IP molesting" and "image tarnishing" don't exist. YTMND is not defamation. Defamation requires a statement of fact; IE if I assert that "Fularu is a known and convicted drug dealer", that is a defamatory statement. If it's an assertion of opinion (IE "Fularu is a doofus"), it is not defamatory.

YTMND, since it does not factually assert anything, cannot be defamatory.

You also cannot defame IP or any non-real entity. Unless Sonic is a human being and the plaintiff in this case, there is no standing present.

Further, defamation only exists when "actual malice" (legal term) is present. If I hear that you are a convicted drug dealer and repeat it, I am not defaming your character. I must be knowingly aware that what I am saying is factually incorrect and say it anyway.

Finally, California precedent says that web sites cannot be sued over defamatory statements made by members of those web sites or by other web sites linked to by the original site. As I'm sure you are aware, YTMND would be covered by this provided other state or federal courts agree with the California precedent or YTMND is served in California.

In summary, you don't know much about defamation.
Click to expand...

Oh THANK YOU Kind sir for putting me in *my* place for using the french word because I'm used to! Wow you sure served me right there.

I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
 
H

Hyoushi

Member
Fularu said:
Oh THANK YOU Kind sir for putting me in *my* place for using the french word because I'm used to! Wow you sure served me right there.

I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
Click to expand...
sorry.gif
 
I

impirius

Member
Fularu said:
I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.
Click to expand...
le sigh
 
B

Brak

Member
Fularu said:
Oh THANK YOU Kind sir for putting me in *my* place for using the french word because I'm used to! Wow you sure served me right there.

I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
Click to expand...
Oh man somebody better round up Conan, Letterman, & Leno cause I heard them say some nasty shit last night on the TeeVees. You should never say anything bad about anyone ever. FOR REALZ!
 
C

charlequin

Banned
Fularu said:
I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.
Click to expand...

Intended point of HARMING Sega? Are you on drugs? The intended point is to be hilarious. Almost anything you can cite from YTMND falls pretty solidly within the straightforward definition of protected parody.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
Click to expand...

Not that there aren't benefits and drawbacks to living in all kinds of different countries, but the argument "thankfully I don't live in a country where people can freely express themselves through humor without risk of bullshit corporate bullying" gets only one response:

huh.jpg
 
S

Stumpokapow

listen to the mad man
Fularu said:
I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
Click to expand...

Uh, no. It isn't. As I just explained. Defamation does not cover intellectual property, and it doesn't cover non-factual assertions such as jokes or personal opinions. This is not the case in french civil laws or english common law or American legal tradition. There is not a single country on earth, french or not, where your argument is true.

Defamation is not what you say it is. You do not undestand what defamation is.

IF YTMND broke a law, which they didn't, it would be as the lawyer from Sega asserted, a misuse of IP without licence (likely trademark use is the strongest case here--since YTMND inarguably used the "Sonic" name). They didn't, since use of any and all IP for the purposes of parody is protected by law in the relevant jurisdiction (not surprisingly, it doesn't matter whether or not you live in "Uncle Sam's country"; I don't either. It matters if YTMND is American.)

This case is PRIMA FACIE incorrect. This would not even make it to a court battle if YTMND's lawyer is competent.

Sega is submitting this letter because the vast majority, more than 90%, of Cease & Desist letters work regardless of legal argument. There is no intent to sue YTMND, and if YTMND had sent SEGA a package with dog shit in it saying "Sue us you stupid mother****ers", the suit still wouldn't be filed because it's legally void.
 
P

Prince of Space

Banned
Fularu said:
Oh THANK YOU Kind sir for putting me in *my* place for using the french word because I'm used to! Wow you sure served me right there.

I'm sorry, but even if I used the wrong *legal* terms for the stuff I cited, but when you do something with the intended point of HARMING a company through so called "humour", it is attackable on a legal standpoint.

And there have been cases where "parodies" or "mocking" an intelectual property has led to rulings. Thankfully we don't all live in uncle sam's country eh?
Click to expand...
Goddammit, Waychel.
 
Z

ZombieSupaStar

Member
shuri said:
Sega should be sued instead for being a gateway to complete furryness. If anything something those crazy links of the day at SA taught me, is that all furries started their obsession with Sonic
Click to expand...



where on SA? links man links!
 
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