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:
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.
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:
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.
This is just really turning into a giant confusing mess, I will update when I get more information.