Onarcade filing false claims against gubug - Page 7

peter_anderson · 06-17-2008, 01:55 PM

Quote:

Originally Posted by digitali16

WOW hitsfree let me say this again. I am not USING any of that buggy code. My site crashed several times on that code. Funklicks helped me learn to slow down my impressions when Mark was running off impressions and to be honest so did arcadebanners ( when there stuff was good ). I had to slow down my impressions because that original script was so resource intensive that it crashed EVERY TIME. XweaselX Anthony set up with me late one night joking about how my site kept crashing. We had to rewrite and the work was ours and there fore it is not Hans script. RickyG used to turn my banners off when I was using his exchange because again my site kept CRASHING. I am not using that buggy code and I don't have to because we wrote our own. Hans can't share one thing at all not one (1) original algorithm he wrote. Where is his proof because I have tons of mine and I shared several things in this thread.

Just provide the proof asked for by enTraffic

enTraffic · 06-17-2008, 02:02 PM

If Hans does indeed provide some original coding from onArcade that he believes is part of Gubug, who is the third party source that already has a copy of both scripts so he/she can try to locate said original coding?

I think its a great idea, however there needs to be a few third party sources OUTSIDE OF THIS THREAD that will have copies of both scripts. It won't work if the people who are comparing contrasting are Digital and Hans because either of them can easily change their source code to match or not match what the other person says.

digitali16 · 06-17-2008, 02:14 PM

What proof peter? I have writen pages of stuff showing the difference between my site and that old onarcade 1.0 script. My proof was there when my site was up and he got it shut down. We are working on getting our site back up now and we have filed a DCMA of our own and we have the code to prove it. Did any of you ever wonder why Hans is after Gubug so bad and gladly gave kedoba a free license? Maybe he thinks if we accept a license from him then we will hand over our code that contains several unique algorithms and then he can sell onarcade 3.0 to you guys. I just dont feel I am being unreasonable at all here and I think this issue is closed until Hans can show where we are using some ORIGINAL code that he wrote from scratch. Problem is that he did not write much of anything from scratch at all and he would have done fine with it if he had not messed with some guys with our level of experience in software development.

Let me say this again I am more than happy to take this matter to court if that is what Hans wants but I will file a counter suite seeking to recover damages to my business. This will not just stop at arcades because we do more than arcades and this is costing me more than just what Gubug was making. Some one is saying so why not just pay him? Well if you pay people for work they did not do then that is your business but we dont do things like that where I come from.

Gamehopper · 06-17-2008, 02:18 PM

My attorney friends are having a field day with this.
If Hans is in the USA, Alfred could now sue for loss of income, and damages provided that Alfred can provide 100% positive proof that his code is in no way similar top Hans's.
However since we are talking about a small arcade site and not Yahoo.com the odds of getting your lost income back are zilch.
I have changed my mind about this thread. You guys need to agree to something fast!
I recommend that you two get in contact OFF OF THIS BOARD and come to some sort of agreement. Because airing out the dirty laundry here is bad for the both of you. You are both in a lose/lose situation, and both will lose income due to this thread now being here.
No matter who is right at this point, everyone involved has already lost. I recommend cutting your losses and finding a real solution. If that means Alfred pays for something that he shouldn't have too, that is life.
Sometimes pride will cloud your judgement. I got a seatbelt ticket one time, and I was buckled up. I had to pay it, because it cost more to fight it... see what I mean.

LearnNewbie · 06-17-2008, 02:22 PM

i am confuse now...so who is the orginal author? or the script is open source?

Thanks advance

peter_anderson · 06-17-2008, 02:23 PM

Quote:

Originally Posted by Solidgamers

My attorney friends are having a field day with this.
If Hans is in the USA, Alfred could now sue for loss of income

He lives in Estonia

uglygit · 06-17-2008, 02:24 PM

sound advice Solidagmer,

but surely shouldn't the loss of income come from the web hosting company for not properly examining the evidence against Alfred.

digitali16 · 06-17-2008, 02:33 PM

I can't pay Hans a license fee for a script we wrote. Payment implys that he wrote it and has ownership. This is not pride David at all. Do you know what it would cost to have someone design all the stuff we have for our site? My brother David is the first to give credit where it is due and we don't rip code off other guys period. I don't have to negotiate with Hans for something we wrote there is just no reason to do so. Also regarding monetary gain from sueing we have the option of persuing liable against hostgator as well if they don't renew our site in 14 days or less.

Quote:

For the purposes of this matter, I consent to the jurisdiction of the Federal District
Court for the judicial district in which I reside. I also consent to service of process by the
person providing notification under Section 512(c)(1)(C) or that person’s agent.

However, by this letter, I do not waive any other rights, including the ability to pursue an
action for the removal or disabling of access to this material, if wrongful.
Having complied with the requirements of Section 512(g)(3), I remind you that
you must now replace the blocked or removed material and cease disabling access to it
within fourteen business days of your receipt of this notice. Please notify me when this
has been done.
I appreciate your prompt attention to this matter. If you have any questions about
this notice, please do not hesitate to contact me.
Sincerely,

digitali16 · 06-17-2008, 02:43 PM

One more thing that I omited from the document is that this matter will have to be settled in a USA court. When Hans filed his DCMA he agreed to this as well. You see we write original music and own a publishing company with BMI so I am fairly familiar with copyright law. Again if Hans want to take this court and prove he has some ORIGINAL code that we are infringing on then we are open to do that. Now maybe he can enlist the services of David's attorney friends because BTW he will have to pay for local representation here in the USA.

Gamehopper · 06-17-2008, 02:48 PM

What I am saying Alfred, is that now you have lost over a days income, because some jacka** wants 20 bucks or so. You can never recover full damages if this is openly aired out over the internet in an open forum. So while you may very well win in court, the chances you will get any cash are not very good. We are not talking about 100,000 bucks here, we may be talking about a few hundred. You can't get an attorney to look at you for $200 bucks.
So now what your talking about is pride.
You believe that by holding out and proving (vindicating yourself) you point that it is NOT his code, your going to win.
The problem is this. You are losing daily income. Your site is now part of a negative thread (google loves these) and will be as long as talk arcades is up. I agree it is incredibly petty of Hans to demand that you pay a license or take your site down because it resembles some piece of garbage code he wrote awhile back. Still you have to see my point, continued fighting over such a small amount of money is costing you both.
I am also not advising you to pay him... I am saying to take it to a more private medium. Maybe you two can come to some sort of agreement. Placing this here for everyone to see is not going to help either one of you as people feel they have to choose sides.
I am advising you to contact him and work out something.
Thats all I meant before.
And if it takes 20 bucks to make him go away.. so be it. Beats the alternative if you ask me.

06-17-2008, 02:02 PM	#62 (permalink)
enTraffic Preferred Member Join Date: Dec 2007 Posts: 186	If Hans does indeed provide some original coding from onArcade that he believes is part of Gubug, who is the third party source that already has a copy of both scripts so he/she can try to locate said original coding? I think its a great idea, however there needs to be a few third party sources OUTSIDE OF THIS THREAD that will have copies of both scripts. It won't work if the people who are comparing contrasting are Digital and Hans because either of them can easily change their source code to match or not match what the other person says. __________________ enTraffic.com - CPC Traffic Exchange

06-17-2008, 02:14 PM	#63 (permalink)
digitali16 Senior Member Join Date: Oct 2007 Posts: 519	What proof peter? I have writen pages of stuff showing the difference between my site and that old onarcade 1.0 script. My proof was there when my site was up and he got it shut down. We are working on getting our site back up now and we have filed a DCMA of our own and we have the code to prove it. Did any of you ever wonder why Hans is after Gubug so bad and gladly gave kedoba a free license? Maybe he thinks if we accept a license from him then we will hand over our code that contains several unique algorithms and then he can sell onarcade 3.0 to you guys. I just dont feel I am being unreasonable at all here and I think this issue is closed until Hans can show where we are using some ORIGINAL code that he wrote from scratch. Problem is that he did not write much of anything from scratch at all and he would have done fine with it if he had not messed with some guys with our level of experience in software development. Let me say this again I am more than happy to take this matter to court if that is what Hans wants but I will file a counter suite seeking to recover damages to my business. This will not just stop at arcades because we do more than arcades and this is costing me more than just what Gubug was making. Some one is saying so why not just pay him? Well if you pay people for work they did not do then that is your business but we dont do things like that where I come from. __________________ Fun Online Games \| Sonic and Mario Games \| Trade arcade traffic 1:1 Our New Arcade script is coming to the market soon!

06-17-2008, 02:18 PM	#64 (permalink)
Gamehopper Senior Member Join Date: May 2008 Posts: 379	My attorney friends are having a field day with this. If Hans is in the USA, Alfred could now sue for loss of income, and damages provided that Alfred can provide 100% positive proof that his code is in no way similar top Hans's. However since we are talking about a small arcade site and not Yahoo.com the odds of getting your lost income back are zilch. I have changed my mind about this thread. You guys need to agree to something fast! I recommend that you two get in contact OFF OF THIS BOARD and come to some sort of agreement. Because airing out the dirty laundry here is bad for the both of you. You are both in a lose/lose situation, and both will lose income due to this thread now being here. No matter who is right at this point, everyone involved has already lost. I recommend cutting your losses and finding a real solution. If that means Alfred pays for something that he shouldn't have too, that is life. Sometimes pride will cloud your judgement. I got a seatbelt ticket one time, and I was buckled up. I had to pay it, because it cost more to fight it... see what I mean. __________________ Play Online Games Sniper Games and Scary Games Trade Traffic with GameHopper

06-17-2008, 02:24 PM	#67 (permalink)
uglygit Senior Member Join Date: Nov 2007 Location: United Kingdom Posts: 783	sound advice Solidagmer, but surely shouldn't the loss of income come from the web hosting company for not properly examining the evidence against Alfred. __________________ arcade games - fun for all the family flash games - more gaming fun than you can handle Fizzy - Earn $25 Dollars for signing up & 0.01 per click Mochi Publisher - Get cash for games already on your site BigFish - Mod already here game script - probably the most advanced script in the world

06-17-2008, 02:43 PM	#69 (permalink)
digitali16 Senior Member Join Date: Oct 2007 Posts: 519	One more thing that I omited from the document is that this matter will have to be settled in a USA court. When Hans filed his DCMA he agreed to this as well. You see we write original music and own a publishing company with BMI so I am fairly familiar with copyright law. Again if Hans want to take this court and prove he has some ORIGINAL code that we are infringing on then we are open to do that. Now maybe he can enlist the services of David's attorney friends because BTW he will have to pay for local representation here in the USA. __________________ Fun Online Games \| Sonic and Mario Games \| Trade arcade traffic 1:1 Our New Arcade script is coming to the market soon!

06-17-2008, 02:22 PM	#65 (permalink)
LearnNewbie Preferred Member Join Date: Jun 2007 Posts: 182	i am confuse now...so who is the orginal author? or the script is open source? Thanks advance

06-17-2008, 02:48 PM	#70 (permalink)
Gamehopper Senior Member Join Date: May 2008 Posts: 379	What I am saying Alfred, is that now you have lost over a days income, because some jacka** wants 20 bucks or so. You can never recover full damages if this is openly aired out over the internet in an open forum. So while you may very well win in court, the chances you will get any cash are not very good. We are not talking about 100,000 bucks here, we may be talking about a few hundred. You can't get an attorney to look at you for $200 bucks. So now what your talking about is pride. You believe that by holding out and proving (vindicating yourself) you point that it is NOT his code, your going to win. The problem is this. You are losing daily income. Your site is now part of a negative thread (google loves these) and will be as long as talk arcades is up. I agree it is incredibly petty of Hans to demand that you pay a license or take your site down because it resembles some piece of garbage code he wrote awhile back. Still you have to see my point, continued fighting over such a small amount of money is costing you both. I am also not advising you to pay him... I am saying to take it to a more private medium. Maybe you two can come to some sort of agreement. Placing this here for everyone to see is not going to help either one of you as people feel they have to choose sides. I am advising you to contact him and work out something. Thats all I meant before. And if it takes 20 bucks to make him go away.. so be it. Beats the alternative if you ask me. __________________ Play Online Games Sniper Games and Scary Games Trade Traffic with GameHopper

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode