DMU vs. Konami

Duel Monsters Unlimited Removed from the Game Hub
On January 15, 2010 a cease and desist letter was sent to BYOND by Konami regarding Duel Monsters Unlimited.

The exchange between UnknownDuelist and BYOND:



The Original Letter

 * Hello,

Today we received a cease-and-desist contact from a lawyer at Konami regarding your game, "Duel Monsters Unlimited". This issue is with using trademarked content from "Yu-Gi-Oh". I explained that BYOND only acts as a portal and we have no true control over the game; however, we do have control over it's advertisement through the hub. As such, to avoid legal repercussions we will have to suppress this entry (to my dismay, as it is one of the more popular games) shortly. I don't know if they will be contacting you separately regarding the game itself-- obviously we don't have control over this.

If you are to continue hosting DWU, you should inform your users about the removal of the hub entry and do the broadcasting announcements of the game on your own site. Alternatively, you may want to edit the offending content (if that is possible) and rename the hub. We could probably transfer over existing scores and medals so long as the new entry does not pose any trademark threats.

I figured this would happen eventually with a fangame, and am sorry you are the first. Hopefully you'll be able to come up with a workaround that doesn't get anyone in trouble. I already requested of Konami to allow this to slide, since you aren't hurting anyone (and in fact are probably just promoting their brand), but they would not budge. At any rate, I'll try to buy some time while you figure out how to deal with this.

Tom Hehre

Founder, BYOND.com

(Feel free to contact me directly if you'd like to further discuss this)



UnknownDuelist's reply

 * Hi Tom

Well im very unhappy to hear this news as you might have guessd. I am sure you are aware I make no profit from DMU at all, infact the opposite is true. It's cost me money over the years paying for hosting of resource files/forums etc. The game only exists out of my love of the Yu-Gi-Oh! franchise, and was under the imperssion as long as i didnt try to *sell* or otherwise profit from it, that it would go ignored as many other forums of fansites showcasing everything from art, characters, stories etc (all using their trademark) do! After all, if every fan based project out there was removed, the only way people would hear about it is through one single site!

Has Konami told you which content they deemed was the problem? Though im pretty sure its going to be the majority of it. It's thier card game so no doubt every single card in the game they would want removed (at the very least).

Does his mean that other Duel Monsters Games (Duel Monsters Expert, Duel Monsters Online) will be getting contacted by Konami too? Have they mentioned those, or is this just a DMU thing right now.

If its possible i will remove the content that Konami thinks is "bad" but if that ends up being the majority of the game then its not really an option (since no game would be left to host). Do you think they would be open to *any* kind of negotiation on this at all? Or is this just a case of a very ridgid and faceless demand, with someone on the other end that's not going to respond to anything but "We comply".

I appreciate that you tried though, and that you consider DMU to be a popular game worthy of fighting for hopefully we CAN sort something out. If all else fails ill just have to remove the game, as me hosting it elsewhere will no doubt get Konami directly involved with me (if they are not already considering contacting me anyway). Would not want to risk having them take more serious action.

Regards

- Robert

P.S -- Do you think Konami will try and persue any financial compensation here? Not sure they would but i guess its possible.

P.P.S -- Do youthink Konami would even be open to some sort of 'subscription' price on the game and profits given to them? Unlikley i guess but if we give them some options they might surprise us.



Konami
The BYOND game "Duel Monsters Unlimited" is an unauthorized reproductionof the Konami Digital Entertainment trademarked "Yu-Gi-Oh!" card game. We request that you remove this game and any related infringing items from your site. This includes all card art, gameplay mechanics, characters, etc. If you have any further questions I can be reached at NUMBERS or via email at LETTERS.

Thank you very much. Charles Stumpf - Konami Legal Department

BYOND
Greetings, Charles,

Thanks for contacting us, and apologies for any inconvenience this mayhave caused you or your company.

I should inform you that BYOND is a portal for user-created games; wedon't actually create, store, or host the games ourselves. As such,"Duel Monsters Unlimited" is not our creation but that of one of ourusers (inasmuch as a game created using Microsoft's VC++ compiler is notthe property of Microsoft but that of the game's author). We couldn'tremove the game even if we wanted because it is not operated from our site.

That said, the game does have a page on our site. This was presumablycreated by the owner of the game to make it more accessible to users ofthe portal. We could suppress that and thereby remove any connection between this game and our site.

I will comply with the wishes of Konami since this material is yours todictate. However, before we proceed further I do ask you to reconsider.Games such as "Duel Monsters Unlimited" are homages to the originals,have a very small, loyal following, and do not make any money (unlikethe dozens of Facebook clones of this sort of thing). I would arguethat they are actually beneficial to the originals (games or cartoons orwhat-not) because they provide another medium to keep the fansinterested, just like fan videos or art. Suppressing this game wouldonly serve to inconvenience the few hundred people that currently playit, a number I have to believe is insignificant to a company of Konami'sstature. It would also be a nuisance for us as the fans woulddefinitely make their opinions known. I realize this isn't yourproblem, but I hope it's something you could take into account. Thebottom line is that this game isn't hurting anyone and, given that,perhaps the authors could be granted the authority to keep it going.

Regards,

Tom Hehre Founder, BYOND.com

Konami
Hello Tom,

Thank you for your swift response. I have read your email and do understand your position. Whether I do or do not agree with it, ultimately the final decision is not mine to make. I am just a cog in the machine here and if the higher ups say that it must come down, then it must come down.

We ask that you do continue with the takedown of the infringing page on your site. Thank you for your understanding in this matter. Please do not hesitate to contact me if you have any other questions.

Thank you very much.

Charles Stumpf Paralegal/Contract Administrator Konami Digital Entertainment

BYOND
Hello Charles,

Fair enough. Please give us a few days to take the appropriate action. I would like to ensure that the operator of this game has time to inform his userbase and decide how to proceed. We also cache site data in our system so the effects of removal are not immediate.

Regards,

Tom Hehre Founder, BYOND.com

[DMU vs. Konami DMU Thread]