Hello,
Roman here. It appears that there is some bad news. Disney’s lawyers sent a cease and desist just hours after iCPv5 had gone public and working, and they are now forced to remove all of their files, or else Disney will take legal action. This is exactly what happened to iCPv3, however it took Disney a few months to shut down iCPv3, with v5 is only took them a matter of hours.
Here is what the iCPv5.info homepage says:
“Dear Players,
iCPv5 has been shut down.
We recently recieved an email from Disney stating that we must cease and desist everything having to do with iCPv5.
We are currently in the process of removing all of our data/files.
It will not be going up again, so you might as well delete your clients.You may read the letter here.
Sincerely,
The iCPv5 Team”
On that Pastebin link, a lawyer for Disney says this:
It has come to my attention that one of your clients have made an unauthorized use of my client’s copyrighted work entitled Club Penguin (the "Work") in the preparation of worked derived therefrom. I have reserved all rights in the Work, first published in 2005, and have registered copyright therein. Their work entitled iCPv5 is essentially identical to the Work and clearly used the Work as its basis. (A private server, of the "work", and using copyrighted materials.) As they neither asked for nor received permission to use the Work as the basis for iCPv5 nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist your client from this or any other infringement of my rights in the future. If I have not seen the files removed by December 21, 2010 indicating that you have fully complied with these requirements, Disney shall take further action against you. I will be checking in on the infringing work. The main infringing site is http://icpv5.info.
What this lawyer is basically saying is that “if you do not shut down iCP by December 21st, we will go forward with legal action” which could mean taking the iCPv5 owners to court, and suing them.
What is amazing is that they did this in a matter of hours, you can assume they will do the same for next private servers that will emerge, unless someone disregards their legal threats.
Anyways, I heard that ANOTHER Club Penguin private server is making a come-back, we talked about it a few months ago, Penguin Safari. I’ve just heard some rumors, there’s no website, or download yet. I’ll keep you guys updated.
UPDATE: It appears that the legal threat was fake, the iCPv5.info homepage was updated with this:
Dear Players,
iCP will be turned back on,We will be doing a hole new homemade iCPv5 Source code with a IRC server.
We Have Found out it was a fake email but most of the staff quit at that time so Keith will be resuming iCPv5.
Thank You!
This is just really turning into a giant confusing mess, I will update when I get more information.
-Roman
Disney just want’s to make sure the kids that play club penguin stay safe and don’t find any private servers that could get them messed up, people are very immature on private servers, that’s why club penguin has a filter.
Forget disney! Thye just want to ruin our fun and they dont like that these CPPS’ are drawing all their kids away! They just wanna ruin our fun!
Kevo is right,Forget Sillney(disney) they just keep ruining our fun
and place tracebacks on cp swfs to give us moderator password
and ban all penguins! and i just send them a cease and desist hehehehe,
Roman, when making iCPv6, send the download to the trusted members like me and your other icpv3 mods. Don’t send it to the public. If you see this comment, respond to me and we’ll discuss it
rookie me podrias decir ¿como se descargar IPCv3?
We need to keep the private servers a secret, which is why it’s called private servers. It’s only for selected-trusted people.
Here’s one comment I saw from Penguinvault.org…
“Hey guys, Puffle here
Just a reminder, Paul (iCrack) has officially shut down iCP because of Disney lawsuits when I worked for iCP. When making a game, you cannot use disney’s artwork and property, I messaged Rsnail if I was allowed to remake PC3 and he said: “Dear _____, Club penguin is a upgraded version of the original Penguin Chat 3. You are free to remake this game BUT, you will not be allowed to use any artwork or products in the game made by Disney. Thanks”
~Puffle
“
The official Penguin Safari website is: PenguinSafari.info We’ve recently had problems with our host. So now we lost a big chunk of everything. We are slowly trying to get all our content back. And coincidentally our IRC server (irc.penguinlodge.com) has broken. Which is truly unfortunate.
Also, if you haven’t already known. Staff has already played this.
Hey Roman,
Just wanted to give you a sincere “thank you” for being so diligent in keeping us involved and up to date in the private server community.
Hope all goes well with you.
Addition to my last comment: Also, you said that iCPv5′s site was up, I get a blank screen with the following text
“It works!
This is the default web page for this server.
The web server software is running but no content has been added, yet.”
So it seems we do have hope, “Not Dead Yet!”
Hey Roman I played iCpv3 But Clubpenguin Sucks Regular Clubpenguin.I mean what is the big deal about another site just like Clubpenguin but even better.Clubpenguin Sucks I quited it because they bannded all my penguins and all they want to do is talk to my parents and than they cqan unbannded me.I loved iCpv3 And My friend told me about it and I didn’t even played it alot.Disney Sucks.Only If I can take them to jail.Joking BUt why do they have to cannsel it.They Can Make iCpv3 for adults or Teenagers and recular Clubpenguin can be for kids but i’ll be in iCpv3 better because im a teenager.P.s is me Flapjack who asked you to be a mod in iCpv3.But I think it was fun.From,Brayan Pease.”"”CLUBPENGUIN SUCKS TO ME KNOW”"
Penguin Safari has a client, currently being tested by the staff. It will be out soon. http://www.penguinsafari.info is the site, though currently down. Thanks.
Penguin Safari is real. Lots of staff members have played it, including me.
Short notice: I am Cup of Joe from iCPv3.
Hey, it’s Hypnosoup from iCPv5. What happened was that Andyh2 and _Aggie from iCPv3 had sent us a fake email, attempting to make us believe Disney was suing us so that we would shut down. We have now disregarded this and are continuing with iCpv5/iCPro3.
You can talk to us at xat.com/iClubPenguinV5
Thanks,
Hypnosoup
iCpv5 is coming back, check the chat
who sent the email
http://icpcheats.com/2010/12/20/icpv5-gone-before-it-barely-started/
[9:57:10 PM] longmvu: was that you in the mail
[9:58:10 PM] Paul Cote: LoL Yes!
[9:58:15 PM] Paul Cote: That actually is.
Here is the truth:
Paul Cote (friend of iRath) decided that Alexander was being an idiot creating private servers so he decided to pretend to be John Cooke to give out a fake lawsuits to Penguin Safari and iCPv5. http://www.icpnetwork.org/ tells most of it.
hello
I Have a best friend thats a icp moderator
and his name on xat is
Cooldude Icpvp rocked
Thanks for seeing this
???????????????? you had done i bad bad bad thing to SHUT DOWN!!!!!!! iCP v3 and 4 and 5 next up in icp v6 and DONT YOU DARE SHUT IT DOWN ILL FINED YOU YOU’LL SEE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and one more thing ill shut up you f’ers and i missed ICP the moniter
that just stuquid!!!!!!!!!!!!
i have an idea!>:) they messed with cp private servers,lets mess with cp.what do you say?
Hmm ya make accounts and keep on swearing when they bann it forever make a new one but make sure u make another google email or whatever the one that u dont use to much incase if u risking your other email site whatever ya ok wait that may be a spam when u make cp accounts and make them banned becuase disney idots will be tired and also make you a spam not spamming you forever lets not messc p they will give us a spam!
im so angry