I think I got a (sort of) cease and desist notice...

Chris · 09-26-2007, 07:57 AM

First of all, this is the offending forum thread I believe they are referring to:
Kill or Convert, Brought to you by the Pentagon

This is what was emailed to me:

Quote:

THE LAW OFFICES OF GORDON D. KATZ
452 BROOKHURST AVE.
NARBERTH, PA 19144
PH: (610) 275-9000, FAX: (610) 672-9789
G.KATZ.ESQ@GMAIL.COM

September 25, 2007

RE: False information posted on your site about the computer game LEFT BEHIND: Eternal Forces

To whom this may concern:

I represent Left Behind Games Inc., the developer and publisher of the LEFT BEHIND series of video games. Your organization hosts a website that has information posted about this game. Unfortunately, there are many statements on your website which appear to be false and misleading. This type of misinformation may cause significant and irreparable harm to Left Behind Games Inc. and must be removed.

Left Behind Games Inc. generally supports free speech in the media and understands how important it is to have various opinions presented for public consumption. It will not, however, tolerate the publication of information regarding its products that is false or misleading.

Left Behind Games Inc. is demanding that you immediately remove any and all information contained on your site about the above stated game that is false and/or misleading, including any such statements or commentary and the responses thereto. This includes posted comments made by others in the context of reading the incorrect or misleading statements.

If you do not comply immediately, the company will be forced to pursue additional legal action which will include claims for damages, costs of suit and attorney’s fees. This may subject you and your organization to significant legal and financial damages.

If you need to discuss this further, please do not hesitate to contact my Administrator on this matter, Robilyn Lyndon at (951) 816-0901.

Thank you for your attention to this matter.

Very truly yours,

Gordon Katz

Gordon D. Katz, Esq.

And yes Mr. Katz, I posted your email address, address, full name and phone number on my forum, so sue me.

I honestly don't see the post as being defamatory, the only thing mentioning the game was the quoted and linked article which is still located on thenation.com.

The other thing they REALLY chaps my ass about this is MY HUSBAND IS AN ARMY OFFICER. Who does this guy thing he's emailing?

snap crafter · 09-26-2007, 08:05 AM

Bah, they're just doing the good ol' Creationist copyright bullshit. Fuck'm, they don't have a case, they just know their crappy game is crappy and are trying to scare you legally. Especially since any criticism would fall under Fair use and would be completely legal.

Brian Flemming would roll over in his grave.

Jeremy · 09-26-2007, 08:13 AM

This guy probably doesn’t have a leg to stand on, but you might want to call a lawyer anyway. And try to find out what, specifically, he is referring to.

Smellyoldgit · 09-26-2007, 08:21 AM

Quote:

Jeremy wrote

This guy probably doesn’t have a leg to stand on...

Does this make him a low-down bum?

Jeremy · 09-26-2007, 08:28 AM

Quote:

Smellyoldgit wrote

Does this make him a low-down bum?

If you insist on putting nicely, my dear Smelly.

Chris, what do you think about letting us report this on other sites? Rational Response Squad, Pharyngula, even the original RA and whatever else we can think of. They might be inclined to back down if they know you have friends.

antix · 09-26-2007, 08:29 AM

Mr. Katz summed up the Left Behind position nicely when he wrote "Left Behind Games Inc. generally support free speech in the media..."

Yeah. Free speech as long as it doesn't consist of making fun of this retarded video game. You here that Mr. Katz? The Left Behind video game is arguably the dumbest game ever, and everyone involved in its making most likely does anal.

If Big Brother is watching us, we may as well give him something to look at.

Chris · 09-26-2007, 08:39 AM

Quote:

Jeremy wrote

This guy probably doesn’t have a leg to stand on, but you might want to call a lawyer anyway. And try to find out what, specifically, he is referring to.

I have a lawyer.

Quote:

Jeremy wrote

Chris, what do you think about letting us report this on other sites? Rational Response Squad, Pharyngula, even the original RA and whatever else we can think of. They might be inclined to back down if they know you have friends.

It is still a free country isn't it? I don't think I've ever had an issue with anyone using anything from this site, as long as they link back. Always give credit where credit is due.

I did contact thenation.com to see if they had gotten the same notice and if so what action they were taking.

I'm not that worried. As far as I know an email doesn't have any legal president. I will be concerned when I receive an actually certified letter in the mail.

ghoulslime · 09-26-2007, 08:49 AM

Gordon Katz appears to be a bitchy little whore who wants to feel important. Go fuck your mother, Mr. Katz.

LEToxin · 09-26-2007, 09:10 AM

Desperate times call for.....

Their stock was once at $7.44/share, now it's less than a quarter-

http://money.cnn.com/quote/quote.htm...=LFBG&time=6mo

snap crafter · 09-26-2007, 09:16 AM

Quote:

LEToxin wrote

Desperate times call for.....

Their stock was once at $7.44/share, now it's less than a quarter-

http://money.cnn.com/quote/quote.htm...=LFBG&time=6mo

It's our fault! We defamed!

antix · 09-26-2007, 09:26 AM

Quote:

snap crafter wrote

It's our fault! We defamed!

And all it took was a small little thread with a handful of posts. Damn we're good.

ubs · 09-26-2007, 09:31 AM

I bet that they have an attorney who is taking a page straight from the Recording Industry and they have a huge database of "offenders" that have received this letter. They probably put the database together just by seeing what sites are linked to the article at "the nation."

If it were me, I would try to avoid the cost of a suit, by having an attorney write a responding letter. It doesn't even matter what you write as long as it has 'John Doe, Esq' at the end. The letters real purpose is to say..."See, I have a hired gun too asshole. Stay back." That will most likely be the end of it. I'm guessing that they are looking for easier fish.

ubs · 09-26-2007, 09:34 AM

By the way Chris. I'm sorry that that happened. No matter how ridiculous the attack is that stuff is always stressful.

Chris · 09-26-2007, 10:05 AM

After speaking to a lawyer. I have drafted a response myself.

Quote:

Dear Mr. Katz or Whomever this may concern,

I think you will find many more sites that rate your game far worse then my site. IE: http://www.gamespot.com/pc/strategy/...summary;review

I am not willing to remove the QUOTED content about your game from my site. I surely regret that it is not rated very well with the gaming community and I have no real personal opinion as I have never played your game. That being said I do not see where the QUOTED content on my website causes a company such as Left Behind Games Inc. any harm. In fact if need be I could produce a dozen or so more links rating the game very badly or with worse comments then posted on my site.

Please also refer to the rules of the ravingatheists.com website and Section 230 of the Communications Decency Act of 1996 (http://www.fcc.gov/Reports/tcom1996.txt) that a website owner cannot be held liable for someone else's comments.

Comments? Some more info: http://www.eff.org/bloggers/lg/faq-230.php

ghoulslime · 09-26-2007, 10:16 AM

My guess is that Mr. Katz is a yapping little mutt with more bark than bite. A good whack on the head through the screen door should silence the vile varmint. What a complete ass clown! He represents a group of lunatics who advocate violence and intolerance, then he postures himself as standing on some kind of moral high ground. Hee hee! What a laugh! But he’s really a cry!