by negora » Sun Feb 26, 2006 8:53 am
I think many of us have contrary feelings about this issue. On the one hand I consider this a dissapointment but, on the other, I liked the idea of shenmue.com being alive...
As I told some messages before, EncCompany, I think the problem has been the method and the ways used to introduce this. I'm sure that if you had cleared the fact that that it wasn't an official return of "Shemue Passport" the impact of these bad news had been very little compared to the present one. You know, it has been like a snow ball which has became bigger and bigger. I also understand it had been very risky to say clearly it wasn't owned by SEGA now, but see, these things are known after some time. And more because you left some tracks which have helped to it...
Moreover, althought you had made all this process clean from the begining, I also think many users wouldn't want you to run the website... Neither you, nor me, nor no one except SEGA. For a fan is a little risky and uncomfortable that another fan keep what was the official domain in the past. Why? Because they're afraid you or any other person who kept it did what he wanted about it. It's complicated to explain because it's more a psychologic conflict than something legal.
About the future of the domain, it's just an advise from a partner, Enc Company. You've got it legally, I know. I've not doubt you're more interested in keeping that website alive than some people at SEGA (and more, after they left this domain "orphan") but you could get in very big problems. I guess they first would threat you, but you never know... In my opinion, you're in a risky position now.
In this case there're two different aspects. First, copyrighted stuff and, second, the domain itself. The first one is self explained. Owning it is illegal and they could make you get into problems. The second one is more complex. You got it legally, but then you've other two problems. First, with the fan community: you would need to remove the official content and make it by yourself and, obviously, it would be like doing "harakiri". And second, with SEGA. It should be the ICANN who would solve this confilct but surely it would rule in favour of SEGA, not because the content of the website is related to one of their franchise really, but because you've used copyrighted content under their name.
It had been very different if you had got the domain from the begining and it hadn't been the home for an official website. For example, in my case, I own shenmue.es because I was making a personal project about it (althought I had to cancel it) I'm its first owner. And, legally, there's jurisprudence about this in favour of me, even being referred to an intellectual property already registered (there're many cases about fans or supporters) And in this case I've not moral responsability to users, since it didn't host any official page. Your case is more complicated because there're 2 sides opossited to you.
Because of all this, Enc Company, my advise is kept like it was. I recommend you to manage all this issue with SEGA of Japan, directly, by yourself. Sincerely, I'm sure you would do a nice work if they let you to manage a section in Spanish, but better if you get it because SEGA wants. Believe me. I know it's in someway unfair (because they don't seem to take much care about the "Shenmue" saga) but this way: fans will be happy, SEGA will be happy, you will save your ass and, who knows, maybe they accept to upload new content thanks to your plan. Because, really, they only have to put that files on its server and done. If you need to contact SEGA or advices, we'll help you.
Haha, maybe SEGA will cooperate. They have treated Shenmue and its fans like shit, the recent years so if they don't want to run the passport, we can do it ourselves.
You were so close to finally getting something... Thanks for bothering doing all you did.
And as Negora says even if you have obtained Shenmue.com legally it has been crazy to modify and use copyrighted Sega material without permission. On the other hand I cannot understand how to Sega does not seem to matter to keep Shenmue.com domain.
give it back to SEGA !! 
