I assure you that we'll try to make some kind of deal with them so that we can keep T3A online in one way or another. I've written to some of the other BFME modding sites to ask if they got the same message but haven't heard back from them yet. I'm pretty sure though that if EA is going serious about this, they'll share our fate.
I just wanted to let you know this in advance so you can prepare for the (possibly) tough road ahead.
This is the original PM I got from Hostile:
Phil, I got this email from EA yesterday: They threaten to take down T3A if we don't remove all the mods and other EA stuff!
I'm gonna try to talk to Aaron about this, maybe we can make a deal with them.
But if EA really wants to shut T3A down, than I'm not risking a lawsuit. I hope you can understand that.Date: Yesterday 15:29:10
From: legal@ea.com
To: [removed]
Subject: Cease and Desist
Electronic Arts Trademark and Copyright
Cease and Desist
Dear Mr. Edwards:
It has been brought to the attention of Electronic Arts Inc. ("EA") that
the website http://www.the3rdage.net with the IP address of 74.86.133.128 is hosting various game modifications ("MODs")
and other derivative works of The Lord of the Rings: The Battle for Middle-earth©, The Lord of the Rings: The Battle for Middle-earth II©
and The Lord of the Rings: The Battle for Middle-earth II: The Rise of the Witch-king© (the "Works").
In a recent change of policies, EA has decided not to tolerate this use of its Works any longer.
As you do not have EA's permission to use the Works as the basis for your MODs and other derivative works, you are infringing
EA's rights under 17 U.S.C. § 101 et seq. and could be liable for statutory damages as high as $150,000
as set forth in § 504©(2) therein.
As you are listed as the registrant for this website, EA demands that you immediately cease the use and distribution
of all MODs and other infringing materials derived from the Works, that you remove all occurrences of its copyrighted material on your website
and that you desist from this or any other infringement of its rights in the future.
If you do not notify us in writing that you have done so, we will have no choice but to pursue legal action against you.
We require the copyrighted material to be removed and written notice given that such has been removed, by no later than April 5th 2010.
Thank you for your cooperation. If you have any questions concerning
this matter, please contact us via e-mail at: legal@ea.com.
Regards,
EA Law - IP Enforcement
Electronic Arts Inc.
legal@ea.com