Warcraft Wiki:Burning Crusade DMCA Takedown Notice

The following notice no longer applies! The NDA has been lifted - see [1] ^{[dead link - archived copy]}

Aug 29 2006

I received the following notice this morning. It's unfortunate that Blizzard is going after fansites in this manner, but it is typical of the way Blizzard deals with its customers and fans. I have since removed these images, and added a notice to the Burning Crusade page to not post any images that have been obtained directly from the Burning Crusade alpha ("there is no Burning Crusade Friends and Family alpha"), and to respect the copyright of any images that have been posted on online news sites.

(Please do not contact the ESA about this issue.)

--Rustak 08:59, 29 August 2006

Entertainment Software Association
575 7th Street, NW, Suite 300
Washington, DC 20004 USA


Attention:  Intellectual Property Enforcement
Telephone:  XXX-XXX-XXXX
E-mail:  [email protected]

August 29, 2006

Dear E. I. Catalyst,

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.

ESA is providing this notice to make E. I. Catalyst aware of material on its network or system that infringes the exclusive copyright and other rights of one or more ESA members.   ESA members are entitled to the full protection of Canadian intellectual property laws, including the Copyright Act, R.S.C. 1985, c. C-42, as amended, in such entertainment software products.

ESA has a good faith belief that the IP address 66.96.29.213 infringes the rights of one or more ESA members by offering for sale or download unauthorized copies of game products protected by copyright, or offering for sale or download material that is the subject of infringing activities.  The copyrighted works that have been infringed include but are not limited to:

World of Warcraft

Specific images:

 http://www.wowwiki.com/images/4/4e/ElekkBC.jpg

 http://www.wowwiki.com/images/0/08/EpicElekkBC.jpg

 http://www.wowwiki.com/images/f/fc/CockatriceBC.jpg

The unauthorized copies of such game product(s) or the material that is the subject of infringing activities appears on or is made available through the above-listed IP address.  Those items are listed and/or identified thereon by their titles or variations thereof, game-related listings/references/descriptions, or depictions of game-related artwork.  Such copies, titles, game-related listings/references/descriptions, depictions, and material that is the subject of infringing activities are hereinafter referred to as "Infringing Material."  

Based on the information at its disposal on August 29, 2006, 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 E. I. Catalyst 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.  E. I. Catalyst 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