Sega don't know...
Created on: January 11th, 2007
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As for "but it's Europe," I'm not a lawyer, lol. Granted, Europe doesn't share fair use laws with the United States, but it's a multinational company. So this argument gives me images of a Sega executive saying, "US SEGA KENT SEW...JAPNASEI SEGA TOO FAR......CHIENAS SEGA SECERTS COMMIE....GUYS, W3 FUXED......I KNO! h4X USE EUROPE!"
Actually, this spat is probably more about trademark. If you don't actively assert your rights to your trademark periodically, then you risk losing the trademark.
Of course, parody fair use applies to trademarks too. I don't know if it's the same though.
Still, Sega of Europe is a bunch of dicks for pulling this sh*t. The franchise is already moribund, and pissing off more people won't help.
Parody is protected given certain conditions weighed in case law (which would most likely compel a ruling in favor of ymnd). However, I have no idea how the implications play out in England. There's a reason it's Sega of Europe suing and not Sega of America. It's true the servers are based in the U.S. but obviously the pages are still viewable from England. You can write on the back of a matchbook about what I know re: International Choice of Law.
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