Hey, hhw users. So far our hosting provider received a fancy message from MHY legal department.
Hi IONOS-AS staff,We, as the legal department of Shanghai miHoYo TianMing Technology
Co.,Ltd., hereby report an abuse case, relating IP infringement and
phasing, on a website with a domain name registered under your service
(the link is: https://genshin.honeyhunterworld.com/?lang=EN) about
Genshin Impact, a game that we has been developing and operating
continuously and diligently. For your reference, our game is available
online at:https://genshin.mihoyo.com/en/home.According to the law, we own all the copyrighted works related to the
game, not limited the artistic character images, maps and weapons, as
well as all the codes of the game. In the end use agreement between
gamers and us, it is also strictly prohibited to copy, reproduce,
adapt, reverse engineer, decompile, disassemble or otherwise create
derivative works based on any of our services. You could find the
agreement at https://genshin.mihoyo.com/en/company/terms .
The infringement website aforementioned contains and displays openly
the confidential statistics and copyrighted works of our game package
as well as materials that have not even been published by us yet.
Found in the footer of the web page, the website owner also admits by
his/herself that the copyright and trademark rights belong to MiHoYo
Co., Ltd., which means us. Therefore, we require sincerely:Firstly, an immediate intervention or prevention of these infringing
Secondly, stopping hosting the website or invalidating the link (
https://genshin.honeyhunterworld.com/?lang=EN) ASAP.Thank you.
The Legal Department of Shanghai miHoYo TianMing Technology Co.,Ltd.
It seems cloudflare received a letter too:
Cloudflare received a DMCA copyright infringement complaint regarding:
Below is the complaint we received:
Reporter’s Name: Yiwei Yu
Original Work: Genshin Impact is a online game which is created and owned by our company, and we has been developing and operating the game continuously and diligently. According to the law, we own all the copyrighted works related to the game, not limited the artistic character images, maps and weapons, as well as all the codes of the game.
So far MHY asks our web hosting provider to remove the main domain of honeyhunterworld.com, which will obliterate all of my websites and web projects, within 24 hours.
From my side I have few questions to MHY:
1. The whole community uses datamined assets including fandom wiki, various apps and database websites, also including official content creators.
2. Instead of contacting me or us personally, MHY decides to stab our back and solve it without contacting us hoping we will never know (which is not surprisingly, knowing how greedy this company is for money and blackmailing people is a normal thing in their corporation politics)
3. Instead of asking to remove several pages on website, they ask to remove the whole 130k pages website, and all my _other_ web (and game servers actually) projects.
So far I am taking down the website in 24 hours. Stay tuned for further notice, our lawyers will start working on that soon.
From my company name and myself we are very sorry for other content creators and web developers, using assets our team made possible to extract and compile, the data they used to represent, which shows how that exact company is carrying for you (tldr they don’t).
I, personally, as a solo developer and owner of honeyhunterworld.com ask you to share that post, calling MHY to publicity.
So some legal work was made yesterday (and today) and that’s what I have:
1. MHY is enforcing their ToS as regular country law. That is not correct. Terms of Service (ToS) are agreements between end-user and service provider (not even a contract), cancellation of which may stop HoYoLab providing the service (hosting your in-game account). ToS are not actual laws and using ToS as argument in DMCA is a fraud.
2. We raised a question of legality of their ToS since they restrict user to explore and investigate software they provide, thus providing a software requiring Kernel level of access to your PC, being able to gather root information and sending it to a company without any notice to user, removing, changing and modifying core system files, having access to PC logs, running and shutting down other programs, etc.
3. We watermark our images, leading to website that clearly states that those images are subject of copyright of MiHoYo Ltd. So copyright laws are pretty sure correct and fulfilled here.
4. The only rest and actually working argument they have and can force is the ownership of the trademark. Yes, not the unreleased content (we’re not subject of NDA, no one in the team), not the watermarks, not the sounds nor text, the reason is ‘we just want to do so, because we’re authorised owner of TM’. Simply speaking, the MHY tells us:
‘We own the game and trademark, so we want you to remove the fansite and stop writing about our game’
Honestly, this is a grey area in laws, meaning MHY imply they can cancel anyone, who is doing game related contect, varying from Artists, Designers and Musicians to app and website developers. Thus they consider any content related to Genshin Impact as their own content, so I am very sorry for official and non-official content creators for this game, who may potentially receive the same DMCA complaint we had.
5. MiHoYo wanted to solve their issue with our ISP, Ionos, without notifying us, silently, which could make us lose the result of almost a year of developing, all databases and all other projects. Let me explain: genshin.honeyhunterworld.com is not a domain, this is a subdomain, so to disable subdomain according to US laws you have to revoke the whole domain registration within 24 hours, atop of which they asked of removal the whole server data. This is some fraud company politics going on here, I don’t even want to think, why they suppose we don’t keep backups.
So far I still negotiate stuff with Ionos, the only compromise solution is to close the project or move the registration out of US.
Again, I hope my and my team experience will make other content creators for this game to think, what company they’re dealing this, since MiHoYo think they can recall the results of years of your work just because they own the trademark.
Ionos gives us few days more to transfer. We’re migrating to DMCA ignored hosting.