
YouTuber who was sent a cease and desist letter for a critical review about a game gains a victory over a developer.
Two months ago a throwaway Reddit account posted on LegalAdvice subreddit about their 10K YouTube channel having a game review video going viral that was critical of a game. He notes that the devs reached out to him wanting to get a hold of him and get his name and address to send him some stuff on top of getting an idea on how to improve their game. After he sent in his ideas with his address he received a Cease and Desist letter from the developers stating that he was spreading false rumors and hurting the game's sales. He asked LegalAdvice about what are his best routes of actions to deal with the issue.
Well, earlier today he posted an update post on LegalAdvice about what has happened since then. Since then he got a hold of a lawyer who hooked up with him for a modest $250 retainer fee to get started. The lawyer sent a letter to the developer. The following is his statements about what the lawyer sent.
He responded asking them exactly what statements I made that were false and requested exact times in the video that the statements were made. Since I previously privated the video we had to give them a different link.
He also outlined what will happen should they continue stating that during discovery he will be requesting all communication between QA, playtesting, developers, and management to see if they were aware of any of these bugs/issues that may compromise a customer's experience while playing etc.
It also included a paragraph basically calling them out for reaching out to me and lying about "swag and wanting feedback" to get my information to send a cease and desist instead of going through the proper legal channels to obtain this and the fact that I still have yet to receive any "swag" that this is clearly the case.
Also included that they need to preserve all the emails they sent to other reviewers because it's of interest in the possible upcoming legal action. He also requested they preserve all sorts of other communication between QA, developers etc.
After the developers received the lawyer's letter a box containing some games, some swag, and a limited edition PS4. Included in the box was a "we are sorry it took so long we took so long," letter for the promised swag box. After talking with his lawyer some more, the lawyer sent a follow-up letter about the issue of the cease and desist. The developer responded stating they made a mistake and to expect no follow up communications. The lawyer shot back one more time about the lost revenue for making the video privatized because of the legal threats. The developers are going to issue a check for $500 after signing some documents that he YouTube won't be suing them.
Now a disclaimer, this could all be a fake as I don't know details of this specific incident but I'm sure some savvy member of this subreddit might be able to piece together the information to dig up the specific video or game that this all occurred around. However, if this is true then once again we have a developer pulling shady shit with censoring critical reviews of their games but learning that doing such actions could easily land them in a world of hurt for court later on down the line. Below are screenshots of the postings.
Archive screenshot makes sure to deal with the two-click BS.
First post
Update post
I am not a bot.
Submitted February 05, 2019 at 07:54PM by davidverner
via reddit http://bit.ly/2MQJZKM