Friday, September 09 2011 @ 12:53 AM BST
In July Activision filed a complaint with the US National Arbitration about the domain ModernWarfare3.com. Why?
ACTIVISION FORGOT OR WAS TO LATE TO REGISTER THIS DOMAIN-NAME !
"How sneaky Activision misused its power."
by Claire Claws
With its domain name registered back in March 2009, the ModernWarfare3.com website billed itself both as "a 100 percent unofficial fan site dedicated to the Modern Warfare series, as well as "parody of Modern Warfare 3". And openly called the next Activision shooter MW3 "just an other retread". (make over)
On the moment ModernWarfare3.com began forwarding all its traffic to the Electronic Arts' Battlefield 3 website; it drew Activision's attention. Prompting Activision to send it a takedown notice related to copyrighted content that had previously appeared on the site.
Today Activision's complaint has been "resolved", a three-member panel ordered that the control of the ModernWarfare3.com URL must be transferred to Activision.
As expected the key issue in this case was the forwarding of traffic to a direct competitor of Modern Warfare 3, something which the former ModernWarfare3.com registrant described as a temporary mistake, and not evidence that he was running the site in bad faith. In issuing its order, the panel called the claims of the unofficial site's former operator "uncompelling" and "not credible".
We don't know if this US law and .com only....
But we (in Europe) never heard of a case were a domain-name could be claimed just because this domain is used to make harmless fun of you.
When this "making fun" was in fact a slandering campaign because Activision refused to pay an unreasonable amount of money to get this domain-name; then it would be for sure THE key issue in this case. But it wasn't.
So it's just sad that, without a good defence lawyer, it was to easy for Activision to get their own dumb mistake corrected.
More about Activision's lack of proficiency :
Sloppy Activision gets mocked on modernwarfare3.com. (Contains the great Monty Python MW3 video.)
West and Zampella have a case against Activision. (Fired Founders of IW claim part of profit MW2, maybe even MW3.)
And two months before MW3 release : Still NO official MW3 forum !