SpikeMS

A private Maplestory server that pwns and will be out very soon o.o or maby its already out.
 
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 Request to Cease and Desist

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sunnex



Number of posts : 1
Registration date : 2008-08-28

PostSubject: Request to Cease and Desist   Thu Aug 28, 2008 12:36 am

NEXON Coporation
Address: Sekang B/D., 694-11 Yeoksam-dong, Gangnam-gu, Seoul, 135-917, Korea

RE: Request to Cease and Desist All Activities Related to Unauthorized Operation of MapleStory Servers and/or Forums

To whom it may concern:

We, Nexon, the developer of online games such as MapleStory and other massively multiplayer online role-playing games (MMORPG), learned of the fact that you have been involved in one or more of the following unauthorized activities:
(a) the setting up of and/or operation of unauthorized MapleStory game servers, which redirect games players from Nexon's official game servers; and/or
(b) the unauthorized access to and use of Nexon's client software for the creation of and misuse of illegal software; and/or
(c) the use of unauthorized client patch programs to improperly interfere in the game and undermine the game play for other users of MMORPG; and/or
(d) the setting up of and/or operation of forum channels, which promote active involvement in and enable any of the above (a) ? (c) activities.

We refer in particular to the software made available by you at http://spikems.ultimaterpg.org/index.htm.

These actions constitute a breach of the terms and conditions of your use of our games, violate our intellectual property rights, including but not limited to copyright and trade mark rights, and have caused damage to our business and proprietary interests. Your unauthorized, improper, and illegal actions must stop immediately.

We hereby put you on notice, that if you continue to take actions that violate our rights, you may be subject to legal proceedings and we may enforce our rights to the full extent allowable under the law. Such legal proceedings against you may seek financial damages in the maximum amount allowed, an injunction to restrain your infringing activity, attorneys' fees, costs, interest, and the seizure and/or destruction of all infringing copies of our intellectual property and all equipment involved in such infringing activities. In addition to civil proceedings, we also reserve our rights to report your illegal actions to the criminal authorities where appropriate.

As you may already be aware of, we have already begun to take criminal and civil procedures, as outlined above, against wrongdoers in Germany and other jurisdictions around the globe. As the outcome of such efforts, data, computer disks, computer hardware, and/or servers have been confiscated on unannounced police raids.

Unless, therefore, within fourteen (14) days of today's date, we receive your signed undertaking in the enclosed form, we reserve our right to take any and all allowable action against you. Such action may be taken without further notice to you.

In the mean time we reserve all of our rights against you to take all necessary steps to protect our business interests and intellectual property rights.

Please note that it has come to our attention that certain unidentified persons have been posing to be Nexon or our legal counsel and claiming settlement amounts and/or damages. These persons are acting without our authorization. Previous notifications have been dispatched by Allen & Overy, LLP, Nexon’s legal counsel in this matter and if you have received contacts from other persons/parties, you should first confirm with us at law@nexon.co.kr or sunaries@nexon.co.kr whether the claim has been authorized.
Sincerely,

-------------------------------------------------------
UNDERTAKING

[DATE]

Dear Sirs
In consideration of you not commencing proceedings against me/us as detailed in your letter to me/us dated [DATE], I/we hereby undertake, whether acting by my/our own actions or actions by my/our directors, officers, servants, agents or employees:

1. I/We will immediately cease and will not in the future produce, import, sell, offer for sale, exhibit, make available, advertise, distribute or otherwise deal in any software which reproduces all, or any substantial part of your products, nor to cause or permit any other person to do any such act.

2. I/We will immediately cease and will not in the future otherwise infringe your copyright in all, or any substantial part, of your products.

3. I/We will deliver up to you or confirm that I/we have destroyed within fourteen (14) days of the date of this undertaking all copies of your products in our possession, custody or control which infringe your intellectual property rights.

4. I/We will immediately cease and will not in the future use your trade marks or any name or mark confusingly similar thereto.

5. I/We will immediately cease and will not in the future pass off our business or products as being in any way associated with your business or products and/or approved by you.

6. I/We will provide to you within fourteen (14) days of the date of this undertaking details of the names and addresses of any person, company organization that I/we have reason to believe may also have infringed your intellectual property rights.

Yours faithfully

Name (PRINTED):

Name (SIGNED):

Complete Address:

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