Evony want to sue me for telling the truth

150

Evony breasts advert

I have written a number of articles on here telling the truth about what Chinese gold farmers are doing with the game Evony. What I wrote was the truth and is supported by massive evidence from elsewhere. They are just trying to bully me, for instance threatening to sue in Australia in order to make things as difficult as possible. And it is ironic that they try to use the legal system against me when they blatantly stole other people’s game mechanics and graphics in order to make Evony. Also I wonder if they are trying to be so heavy handed against the Guardian? And cheek of all cheeks they are trying to deny comment spamming this blog.

Here are the articles about Evony:

#1

#2

#3

#4

#5

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150 Comments


  1. Astonishing to say the least. Chinese companies are, unsurprisingly, clearly not accustomed to free speech thinking they can get away with cheap legal bullying such as this. Someone please respond to them with multiple Cease & Desist letters ASAP, the games industry would be a much better place without Evony LLC and/or their Chinese owner.


  2. That letter made me laugh so hard. And they trying to make you remove the content only makes it more believable…


  3. Also I wonder if they are trying to be so heavy handed against the Guardian?
    Yes they are. The article now has the following notice:
    “This article is the subject of a legal complaint from Evony LLC.”


  4. Now Evony’s lawyers will learn about the Streisand Effect.


  5. @Ken
    Exactly. This kind of bullying by Evony will only earn them more exposure and scorn from more corners.

    It’s sick that they can use their ill gotten gain to silence criticism. They think they’ve gotten ripped before, they have no idea what they’ve just released.

    Cheers Bruce, good luck and let us know how we can support you.


  6. We of the general populace are proud of you for exposing this game for what it really is, a lame attempt to make money off of people who think by the advertisements that it is a pr0n site!


  7. I blog about legal threats and their unintended consequences quite a bit. My post on this threat is here.


  8. TBH, they cant really do anything whats to stop someone hosting there own site and publishing these articles there?
    as for compensation, there is none you have done no physical harm to there reputation (they have done that themselves with their intrusive ads), the articles can be copied and pasted and put somewhere else, its not that hard.

    and as for the formal apology… biggest load of shit ive seen!

    and the second 3? (great one /facepalm)
    they have no legal ground to stand on really.


  9. In the interests of free speech feel free to copy and paste my Evony articles and the comments anywhere you want on the internet.


  10. I’d tell them to “F*** O**” and see how they like it.
    Come and have a go if you think your hard enough and all that talk.
    Bollox to them and they communist so called ideals.


  11. I came across your blog via the comment you left on cracked.com about slander. I’m glad I did!

    I’m a hardcore gamer and although I prefer consoles to MMOs, I’ll be sure to pass this on to my gaming friends (of which I have MANY). Those idiots need to learn that the web is too massive for anyone to attempt to dictate and they have no business threatening to sue you.

    Much love from the U.S.A.


  12. Just send back a letter or email saying the following:

    LOL.

    That is all.

    Sincerely,

    Crocodile Dundee.

    That should get them going.


  14. well it’s true, u’ve got a lot of posts against evony…
    almost as if you want to shut it down, or… ur just trying to keep with it cause it is a hot topic that a lot of people like…

    but yeah… i never new u could get sewed for junk like that…

    i wounder how many people have even gotten sewed for giving bad game reviews…


  15. Bruce, they’ve handed you a golden opportunity. Send ’em an equally long legal letter detailing their nefarious business practices and demand they present proof in their defense. If they cannot prove your claims false, they must immediately cease and desist advertising for Evony. The gaming world will be forever in your debt.


  16. Keep up the good work, Bruce. The Streisand Effect has kicked in and it’s on just about every gaming news and industry website at this point. Gawker’s even run a piece on it.


  17. Every DAMN website I go to has an Evony Ad. They are especially NSFW and I have to be careful when opening a site.

    Is there a way I can block the Ads specifically from Evony LLC? Thanks!


  18. An offence must be heard in either the jurisdiction of your home or where the offence was committed. As you can’t be tried in the internet, I’d believe it’s where you wrote it . . . likely in your home.

    Unless they sue through your local justice area it is either inadmissible in court, or a frivolous suit. Either way, you have no fear, Australian Courts have no jurisdiction over any other country, (remember for the UK your legal jurisdiction goes local, national and then European and only in that order) and I believe the courts of New South Wales only have jurisdiction to hear offences committed in the Jurisdiction of New South Wales and no where else (like courts everywhere).

    I’d consult a lawyer, if you haven’t already, but I’m sure you have nothing to fear, defamation certainly IS NOT heard by a supreme court. At worst get your lawyer to send a letter requesting dismissal through the New South Wales courts citing wrong jurisdiction.

    Unfortunately for you some US owned, Chinese-based game developer is trying to sue you in a god-awful desert like Australia . . . I suppose at worst you’ll never be able to visit the Kangaroo’s in their native habitat, what a loss. . .


  19. Ha, they have the nerve to sue when their whole game is built around copyright infringement and deceptive advertising.

    Send back a letter that says:

    “Dearest scum of the internet,

    In order for something I said to qualify as defamation, it needs to be both:

    1. False, and
    2. Stated as a fact.

    Most of what you have taken issue with are stated as my opinions and journalistic review. The rest are facts that I can, and have, verified (ie: we receive spam advertising your game almost non-stop).

    Please finish your Juris Doctorate before playing lawyer.

    Sincerely,
    Freedom of the press”


  20. Game mechanics and graphics cannot be stolen, only copied. There is a difference. (‘Stolen’ is when a person’s property is taken and they no longer possess it.)

    Your comment about trusting software is a good point but it’s not a point you need to raise when you critize Evony as it takes away value from the evidence you do have.

    Drop the hyperbole and stick to the facts, leave the rest for the clowns who don’t know better. Please keep up the updates, we all appreciate them!


  22. I’m going to sue you! …..IN AUSTRALIA! *durn dern durrnnnn!*


  23. This is indeed interesting. Looks like the gloves are off. I wonder how it will develop from here.


  24. Seems harsh for them to cite Chaos Engine postings, do they have access on there? I am not sure how you can be sued for postings on a private site not open to the general public!


  25. Chris, i got this from adsense official blog, hope this help us:

    AdSensePro Policy
    Hi everyone — thanks for your patience so far. We’ve received all of your feedback and have looked into your concerns. Any Evony ads should now point only to evonyonline.com, so having evonyonline.com on your filter list should now effectively block all Evony ads. If you still see ads after adding this URL to your filter (and it’s been over 48 hours since you’ve added it), reply to this thread and we’ll look into it.


  26. “but yeah… i never new u could get sewed for junk like that…

    i wounder how many people have even gotten sewed for giving bad game reviews…”

    You can’t. It’s why you’ve never heard of a case. They can try ALLLLLL they like. Bruce is protected by a ton of laws himself, and it’s not up to him to prove his innocence. In fact, I had a similar issue occur in the past, and they wanted me to travel to Europe. I don’t have that kind of cash, and basically told them they could fund my vacation (all inclusive of course) so I could go to court and laugh at them.

    The very fact that they want to prosecute from another country is usually enough to laugh at the charge. You don’t abide by THEIR laws.


  28. I will spread the word. This will be the worst advertising campaign Evony can ever imagine. Hopefully the last one. ;). Keep up the honest reviews.


  29. The great thing about that letter is that it boils down and puts into neatly concise terms, all the atrocities and horrors purpurtrated by Evony.

    Quite useful really. Thank you Mssrs Warren, McKeon and Dickson.


  30. This reminds me much of the McLiable civil suit case in which McDonalds sued a group of activists. Although McDonalds did win some of its points and a judgement of I think $26,000 (I forget if it is in pounds of dollars), but spent $14million (dollars) on the case.
    I think the judgement was finally over turned by taking the case to the European Union. That is something those Chinese should review.

    But yes, I have played Civony (prior to the name change of Evony) and saw the copyinfringements of the graphics and game mechanics.
    Those who do not believe in the law of copyright now seek to use the law to defend their illegally made game. Copyright infringement occurs when “the intent” to use copyrighted material without permission is done. Thus would form a good case to discredit them.

    Keep on fighting!


  31. Truth is a 100% defense. That’s what those “lawyers” don’t get.

    Rage on, brother. I’m tired of Evony crap everywhere I look.


  32. I’m studying law in Qld, which is similar to the law of NSW. The Supreme court is NSW can have jurisdiction to hear a matter concerning a defendant from a foreign jurisdiction. Have a look at Gutnick v Dow Jones, I have written an article on my blog about this one (http://maclawstudent.blogspot.com/2008/03/gutnick-v-dow-jones-vs-macquarie-bank.html). Basically the High Court held that Gutnick (an Australian citizen) could sue Dow Jones (based in NY I believe) as the damage to Gutnick’s reputation occured in Victoria when subscribers in Victoria to the online magazine published by Dow Jones read a defamatory article about Gutnick.

    However, if you don’t show up, Evony then have to get leave of the court to hear the matter (they look at whether Australia is an appropriate jurisdiction to hear the matter etc.) and even then, unless you have assets in the jurisdiction, there is not a lot Evony can do. Unless you are suing in the defendants jurisdiction, it is often difficult to enforce an order of the court.

    I too cannot stand those Evony ads, I applaud you for taking a stand against them.


  33. Also wanted to add that defamation has the defence of truth in Australia 😛


  34. I really don’t want to be seen as being on the side of EvonyOnline, but I wouldn’t be so flippant with this.

    I’m not a lawyer, but I have studied some media law, and there are some things you should be aware of.

    The Australian high court ruling of Dow Jones V Gutnick (http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html) established that someone could be liable for defamation in Australia even if the article was published outside of Australia.

    So don’t listen to the ignorant posters who say these laws don’t apply – they do.

    Australia doesn’t have the same protections of freedom of speech as other countries, and being part of the commonwealth, as a UK resident you could be summoned to face any court action by extradition if the case proceeds.

    As to the burden of proof, the onus is on you to prove every accusation you’ve published, plus under NSW law you also have to prove it was published in the public interest.

    There’s a wealth of information on defamation, the internet and Australian law on http://www.efa.org.au/Issues/Censor/defamation.html#truth

    I do think this is just bluster to scare you into taking your posts down, but if I were you, I’d be talking to my lawyers, just in case.


  35. Evony… what have you got yourself into now?

    Ripped off it may be, I don’t know anything about that stuff or the Civilization series. Aside from their much-too-strong encouragement to spend every dollar you have and then some on their browser game, it is decent. I’ll never give them a nickel, even if that ad crawled down my pants. Still a good time waster though =)

    They really need to stop it with the “Save the Queen with the Massive Jugs” campaign though. There is no Queen quest in it, no Queen period. All you do is build up an army and attack other players, get medals, upgrade buildings and build more armies.

    Stop putting eroticism in your ads! It doesn’t exist in the actual game!


  36. You should put up a paypal donation link for your legal defense fund… A bully always runs from a fight.


  37. But you gotta admit, that set of boobs is pretty hot. Don’t you want access to those boobs?


  38. Hello,

    I’ve studied defamation law. Never practiced it however. I am up to date with Australias current defamation laws and they could most likely commence proceedings against you. You’ll need approximately 70-100k to play ball with them but even if they were to succeed they’d most likely only be awarded 250k as 2006 legislation caps damages at this amount. They could be awarded more if they could prove special damages such as economic loss but that kind of loss in this context would be indeterminable and therefor courts would be reluctant to grant it.

    Truth as others have mentioned is a complete defence to defamation. That the sting of the imputation is substantially true will suffice. As for the defence of opinion, well that’s not all it’s cracked up to be. It’s not as easy to prove as you might think.

    Also anyone else who publishes your information will be just as guilty of defamation as you are so i would discourage you from advising others to reproduce your work. Seek legal advice and rephrase the allegedly defamatory phrases to avoid all doubt.

    Better safe than sued.

    – Regards, Dosky.


  39. There are some evony addicts above me ^
    get a life, evony sucks


  40. After reading your articles, it appears as though you have done everything that Evony says you did in their letter. Are you saying that you didn’t, or are you saying that you shouldn’t be accountable for your actions? I’m sure that if I wrote a series of articles saying that you “might” have plagiarized your writings, and “may have” embezzled funds from the Guardian, I’d be able to hear your screams on this side of the Atlantic. And as for the ads, sex sells. The Sun realizes that, even if the Guardian hasn’t figured it out yet.


  41. Evony Online sucks. Since when does a person get sued for putting his views forward? If they think they’re right, shouldn’t they be sending forward a spokesperson representing their company instead of a lawfirm?


  42. Wow… Just wow. Evony can go screw themselves from the way I see it. Keep it up Bruce, I hate Evony with a passion, as I nearly lost my job due to their ads.


  43. ha ha ha… good thing i come across this blog,i wouldn’t want to put my email or my personal information to register something like this. me money be mine!


  44. well… its obvious enough what they are saying. they “did not” do any of this, some ninja spammed, ripped off, etc, and this lawyer firm thinks that they are still talking about evony/wowmine, as opposed to some other company of fail.


  45. oh, and @dosker, evony is not trying to pillage the ship, they are trying to sink it.


  46. Well I’m not sure whether you are completely aware of your freedoms, freedom of speech doesn’t really allow you to disrupt free trade, if you have a complaint about a company write a letter to the BBB. But by writing blogs and getting a bunch of followers to agree with your nonsense that is liable if written and slander if spoken. I would suggest getting a good lawyer and/or winning the lottery.

    BTW where is your proof that Evony has any affiliation with WoWMine or this Eric Lam fellow. So far all I have seen are skeptic remarks toward Evony.

    This is the first RTS game I have played so, I don’t know if it similar to any other RTS, but really, RTS isn’t rocket science, I’m sure anyone with programming knowledge could develop one with the right concept and ideas.

    I’m sorry you got yourself into this mess by “trash talking” a game developer, perhaps this will teach you a valuable lesson on what to say or not say. Sure you can state your opinion, but without facts to support your theory, its all just a bunch of rubbish.


  47. Everyone should put “evonyonline.com” in their Google AdSense competitive adfilter.

    I did.


  48. I am delighted to learn that Warren McKeon Dickenson has confirmed that Evony LLC is an incorporated company within the United States. As you can see from the whois, Evony LLC is acting under proxy http://www.whois.net/whois/evony.com. The Go Daddy registrar https://who.godaddy.com/WhoIs.aspx?domain=evony.com&prog_id=godaddy indicates that this server address is running through:

    DomainsByProxy.com
    15111 N. Hayden Rd., Ste 160, PMB 353
    Scottsdale, Arizona 85260
    United States

    The Domains By Proxy website can be located here http://www.domainsbyproxy.com/.

    By reading the Domains By Proxy “Legal Issues” located in the far right tab it states:

    —

    Agreements: When you purchase Domains By Proxy’s services, you agree to all the terms and conditions contained in our Proxy Agreement, Privacy Policy and Anti-Spam Policy. If you can’t agree to the terms contained in our agreements, do not use our services. We reserve the right to revise our agreements at anytime.

    Prohibitions: Domains By Proxy is not intended to be used to protect your identity if you:

    – Transmit spam, viruses or harmful computer programes;
    – Violate the law or infringe a third party’s trademark or copyright;
    – Engage in morally objectionable activities, including but not limited to those which are child pornographic, defamatory, abusive, harassing, obscene, racist, or otherwise objectable.

    Protections: Registrations are insured against loss by our Liability Insurance and backed by you Registrar’s Guarantee!

    —

    The Policy Agreement that Evony LLC have entered into with Domains By Proxy states that they must agree to all the terms and conditions. Given the evidence that exists against Evony if would appear that they are in violation of their contractual terms with Domains By Proxy on numerous accounts.

    In addition, and most interestingly, Domains By Proxy state:

    “If you are receiving spam, viruses, or other harmful computer programs from a domain name held by Domains By Proxy [Such as Evony], please contact the hosting provider and/or the registrar for immediate assistance. If the registrar and/or hosting provider is not responsive to your complaint, you can contact us by email at abuse@domainsbyproxy.com”

    The registrar for Evony.com is Go Daddy. So, Domains By Proxy are asking users to email Go Daddy to complain. That is very inconsiderate of them, I am sure Go Daddy will not appreciate a high volume of complaints from people around the world who are tired of the Evony adverts. But here is the address that Domains By Proxy are directing people to complain to http://www.godaddy.com/gdshop/spamreport/spamreport.asp?isc=goazu2001a&ci=9077. While you are there you may wish to view Bob Parsons video blogs http://www.bobparsons.me/index.php. These are actually very good because few CEOs take such an active interest in their business as Bob Parsons, who also happens to be an ex Marine. Episode 27 appears to be very relevant as it deals with search engine advertising. You can even place a comment on there for him to read.

    Go Daddy 2009 commercial
    http://www.youtube.com/watch?v=1YWHtGU6zhA

    A tip for Bob Parson, Rule number 17: Don’t allow any domain name registered through your company, Go Daddy, to place your online reputation at risk, especially when the Evony.com’s CEO, Eric Lam, has been sued by Microsoft for $750,000 because he has been found guilty of click fraud http://www.nytimes.com/2009/06/16/business/media/16adco.html.

    AC


  49. many appologies if this question seems intrusive bruce,

    (feel free to ignore it , for no offence is intended or implied)

    but can you afford the time /effort / cost of going to Australia and legally ripping them a new a***hole?

    …more to the point , is there anything we can do to help ?


  50. ohh , while i think of it, microprose published civ2 , am digging through my games collection to see who published civ 4

    ( if any know offhand who published civ4 feel free to chip in)

    may i humbley suggest notifying the games publishers of this case, and see if they wish to back (ie fund you ) in this , since it is their ( or their clients) IP that has been stolen in the first place?

    i’m UK based , and a full time single dad,and have a degree in product design and management, so i know a little about IP’s and copyrights.. if you want anyone to do some ground work/ leg work on this , please feel free to E-mail me to discuss how you might like me to help.

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