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Subject: Re: Remove PluginJewels from RockBox downloads immediately

Re: Remove PluginJewels from RockBox downloads immediately

From: Björn Stenberg <bjorn_at_haxx.se>
Date: 2006-04-19

Dave,

The screenshots you link to are not "100% identical". They are not even the same size, nor do they contain the same images.

The graphics we use, and that is shown on the our page, is not taken from your game. It is drawn independently by a separate artist. There are clear differences in both shape and colour between the jewels in our plugin and the ones depicted in your link.

I have created a screenshot showing the high-resolution icons prior to downscaling, illustrating that these images are original works:
  http://bjorn.haxx.se/jewels_svg.jpg

-- 
Björn
Dave Haas wrote:
> Björn,
> 
> Regarding your question below, the gem graphics in the color image of
> PluginJewels as seen at
> http://www.rockbox.org/twiki/pub/Main/PluginJewels/jewelscolor.png , are
> identical to the graphics seen in versions of Bejeweled(R) for PalmOS,
> PocketPC, or Windows Mobile, seen here:
> http://www.astraware.com/products/bejeweled/palm/bejeweled_screenshot_320x320_02.gif
> . The screenshots are 100% identical, down to the gem placement on the game
> grid.
> 
> Now, if these color graphics do not actually appear in the versions of the
> black-and-white and color versions of PluginJewels, then there is no
> copyright violation here. However, if the screenshot above is representative
> of the in-game graphics found in PluginJewels, then it is an obvious
> copyright violation. If that is the case, it's obvious that someone on the
> PluginJewels team ripped the graphics from one of the Astraware-licensed
> versions of our game. If that is indeed the case, those graphics need to be
> removed from the game, non-infringing gem art needs to be substituted for
> the infringing gem art, and the screenshots reflecting our copyrighted works
> need to be removed from Rockbox.com and all other affiliated sites. If it is
> not the case that these graphics are found in Rockbox versions of
> PluginJewels, please email me with assurances that these graphics do not
> appear in either the black-and-white or color versions of PluginJewels and
> remove the screenshot from Rockbox.com and all affiliated sites, so as not
> to create confusion about the look-and-feel of PluginJewels compared to
> Bejeweled(r).
> 
> The important thing here is that PopCap Games does not want any confusion in
> the market as to whether the game was developed, published, or officially
> licensed by by PopCap Games. This current situation with the gem graphics as
> shown on Rockbox.com only perpetuates this confusion.
> 
> Best,
> Dave
> 
> 
> -----Original Message-----
> From: Björn Stenberg [mailto:bjorn@haxx.se] 
> Sent: Saturday, April 15, 2006 10:08 AM
> To: Dave Haas
> Cc: Rockbox development
> Subject: Re: Remove PluginJewels from RockBox downloads immediately
> 
> You wrote:
> > The game PluginJewels, for use on RockBox and available at 
> > http://www.rockbox.org/twiki/bin/view/Main/PluginJewels, is a blatant 
> > copyright violation of Bejeweled, the popular match-three game owned 
> > by my company, PopCap Games, Inc., of Seattle, Washington, USA. I am 
> > writing to you to demand that you remove PluginJewels from 
> > www.rockbox.org and all other sites where users may download this game 
> > for the Rockbox, no later than April 30, 2006. PopCap Games takes 
> > seriously all copyright and trademark violations of our games and, if 
> > necessary, we will enforce our rights to the fullest extent of the law.
> > 
> > Thank you for your prompt attention to this matter. I await your 
> > response.
> 
> Hi Dave.
> 
> My name is Björn Stenberg. I am the founder and one of the leaders of the Rockbox open source project. I am also the owner and administrator of the main download site for Rockbox.
> 
> In the Rockbox project we take copyright very seriously. Therefore your mail is confusing to me. To the best of my knowledge, the Jewels plugin in Rockbox contains no program code, graphics, text or other material belonging to you or your company. Hence I do not understand what it is you claim to be a "blatant copyright violation".
> 
> Please specify in detail what material in our Jewels plugin you claim to hold the copyright to.
> 
> --
> Björn
> 
> 
>
Received on Wed Apr 19 10:41:52 2006

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