I got my first C&D letter (email) today. The guy is from New Zealand and I'm in the US. Can he take legal action against me?
He wrote: "Please also take this email as a formal cease and desist. Your site, it's owners and related parties are forbidden to host or associate themselves with any (company name) game either existing or in the future. Failure to comply and we'll need to take further action."
The thing is, I'm using their game from the gaming library at mochimedia.com and when a game developer submits a game to mochi, they have to agree to certain terms (https://www.mochimedia.com/tos-dev.html), including:
"You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. For clarity, the foregoing license grant to Mochi Media does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s). "
Do they even have a leg to stand on?
He wrote: "Please also take this email as a formal cease and desist. Your site, it's owners and related parties are forbidden to host or associate themselves with any (company name) game either existing or in the future. Failure to comply and we'll need to take further action."
The thing is, I'm using their game from the gaming library at mochimedia.com and when a game developer submits a game to mochi, they have to agree to certain terms (https://www.mochimedia.com/tos-dev.html), including:
"You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. For clarity, the foregoing license grant to Mochi Media does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s). "
Do they even have a leg to stand on?
