Dane. Designer.

Old Blog

Being Foxed

The following mail was sent to me on July 27th, 1999, telling us to cease and desist our USCM: Infestation efforts. I was at a computer Party in Aalborg at the time I received it. I have subsequently lost it again, but luckily Christoffer had it in his archives from when I sent it out to the team members.

From: Megan O’Brien

To: Michael Heilemann
Re: USCM: Infestation / Unauthorized Use of Twentieth Century Fox Film Corporation Intellectual Property

Dear Mr. Heilemann:

It has come to the attention of Fox Interactive, Inc. and Twentieth Century Fox Film Corporation (Fox) that you are the lead designer for USCM: Infestation which is a total conversion of the Aliens vs. Predator video game software title released by Fox Interactive, Inc. (Game).

Further, as you certainly know, the website which you host, www.valveworld.com/uscminfestation, uses a picture of the Alien character (Fox Character) from Fox’s Alien franchise of films (Alien, Aliens, Alien3 and Alien Resurrection) without permission or license from Fox.

The use of the Fox Character and/or any use of the Game or elements from the Alien films or Predator and Predator 2 films (collectively Fox Films), including clips from the Game or Fox Films, is an unauthorized and infringing use of Fox’s intellectual property.

Fox is the exclusive owner of all copyright, trademark rights and all other intellectual property rights in and to the Fox Films, and owner of such rights as relates to the Game, including the right to create derivative works of the Fox Films and the Game.

Fox has not authorized you or anyone else who is or may be assisting you or working on your behalf to develop the total conversion of Aliens vs. Predator, nor are you or anyone else authorized to use any of Fox’s other intellectual property with respect to the Films and the Game. Therefore, Fox hereby demands that you immediately cease and desist from creating the total conversion and/or using any elements from the Films and the Game in any manner whatsoever.

In addition to the foregoing, Fox hereby demands that you do the following:

  1. Provide Fox with the names and addresses of all other persons who are participating with you in the creation of the total conversion and the replication of the artwork from the Films and Game;
  2. Return to Fox, care of my attention, all materials, including maps, textures, source code, object code, design documentation, end-user rules, drawings and all other material, no matter in what form, created for and/or used in the development of the total conversion;
  3. Confirm in writing to Fox within 24 hours of receiving this letter that you shall fully and promptly comply with each of the foregoing demands;
  4. and

  5. Confirm in writing to Fox within 10 days of the date of this letter that you have complied with each of the foregoing demands.

You may send this information to Fox Interactive, Inc., P.O. Box 900, Beverly Hills, CA 90213-0900 USA, Attn: Megan O’Brien.

Fox vigorously protects its proprietary interests in all of its properties, including compelling the discontinuance of any infringement thereof. Fox hopes that you will voluntarily comply with the foregoing demands. If you do not do so, Fox will be forced to consider taking further legal action against you.

Please be advised this letter does not set forth all the facts and nothing contained in this letter is intended to be or shall be construed as a waiver or relinquishment of any of Fox_s rights and remedies with regard to the foregoing, all of which are hereby expressly reserved.

Very truly yours,
Megan C. O’Brien