Innova Co. SARL is a company, validly existing in accordance with the effective legislation of the Grand Duchy of Luxembourg (the “Company”). Company is an exclusive sublicensee of the online game Lineage 2 (the “Game”) within the territory of certain European countries, Russia and CIS (the “Territory”) based on agreements with NCSOFT Corporation (the rightholder).
The Company is entitled to use and distribute the Game within the Territory, including such Game separate copyrighted objects as the Game scenario, texts, Game characters and their texts, audio and visual works, designs and interfaces.
Based on article 1254 of the Russian Civil Code in the event third parties violate exclusive rights, in respect to which there is granted an exclusive license, where such violation affects licensee’s rights under a license agreement, the licensee is entitled to protect his rights by the means, established by the Russian legislation.
Based on the above, the Company is entitled to represent the rightholder within the Territory, including, inter alia, in respect to exclusive rights violations. Information on the Game is available at...
The Company discovered, that you enable users to download the Game client and use the Game otherwise at your website _________________ (the “Website”), which constitutes a breach of the Company’s intellectual rights. In particular, the Website reproduces the Game elements, which bear protection under copyright. Neither the rightholder, nor the Company provided their consent to third parties, including you, to carry out the above acts.
As we see, you use the Game and the Website for entrepreneurial activities.
In the view of the foregoing, the Company approaches you as follows.
1. Copyright breach
Pursuant to part 1 of article 1270 of the Russian Civil Code an author of a work (or other rightholder) has an exclusive right to use the work in any form and via any lawful means.
In accordance with article 1229 of the Russian Civil Code a rightholder may, upon his sole discretion, empower third parties to or prohibit them from using a result of intellectual activities, where absence of consent cannot be treated as permit. When carried out in the absence of the rightholder’s consent such use of intellectual activities is illegal and incurs liability as per the effective Russian legislation.
Pursuant to para 2 of part 1 of article 1252 of the Russian Civil Code protection of exclusive rights to results of intellectual activities and means of individualization may take a form of, inter alia, a claim to suspend breaching activities or threatening to cause a breach of exclusive rights, issued against the person, who commits such breach or carries out necessary preparations therefor.
The Company is the sole holder of rights to use and distribute the Game and separate elements thereof within the Territory, however, you used those within the Website. At the same time, the Company did not provide you with a consent to use the Game or separate elements thereof, including, inter alia, via reproducing, reworking and making the Game (or its elements) publicly available through the Internet; neither did the Company conclude with you any agreements on granting you with the said rights.
Therefore, you use the Game and separate copyrighted elements thereof in the absence of the Company’s approval.
Such acts may be treated as a breach of the Company’s exclusive rights.
Based on the above the Company is entitled to claim for remedies as provided for by the effective Russian legislation.
2. Official warning
Given the above we request you to carry out the following within 10 business days from the date of receipt hereof:
- delete all the materials which use the Game and copyrighted elements thereof (including texts, Game characters, design and interfaces), inter alia, via reproduction, reworking and making publicly available;
- cease creation of technical possibility for allocation, distribution and any use of the Game within the Website;
- notify the Company on the measures taken via sending the response to the address: firstname.lastname@example.org
Alternatively, we reserve the right to apply for any and all remedies, as granted to the rightholder and the Company under the applicable legislation, including, inter alia, these:
- file a lawsuit on copyright breach with a court and obtaining an interim remedy;
- file a request to limit the Website access with the Federal Service for Supervision pf Communications, Information Technology and Mass Media (Roskomnadzor);
- claim damage reimbursement and payment of compensation for breach of exclusive rights to copyrighted objects.
Innova Co. SARL