Here is Daves reply to my question. I have not replied back to him yet.

----- Forwarded message from Dave Haas <[EMAIL PROTECTED]> -----

Date: Mon, 17 Apr 2006 15:44:38 -0700
From: Dave Haas <[EMAIL PROTECTED]>
To: Björn Stenberg <[EMAIL PROTECTED]>
Cc: Rockbox development <rockbox-dev@cool.haxx.se>
Subject: RE: Remove PluginJewels from RockBox downloads immediately

Björn,

Regarding your question below, the gem graphics in the color image of 
PluginJewels as seen at 
http://www.rockbox.org/twiki/pub/Main/PluginJewels/jewelscolor.png , are 
identical to the graphics seen in versions of Bejeweled(R) for PalmOS, 
PocketPC, or Windows Mobile, seen here: 
http://www.astraware.com/products/bejeweled/palm/bejeweled_screenshot_320x320_02.gif
 . The screenshots are 100% identical, down to the gem placement on the game 
grid.

Now, if these color graphics do not actually appear in the versions of the 
black-and-white and color versions of PluginJewels, then there is no copyright 
violation here. However, if the screenshot above is representative of the 
in-game graphics found in PluginJewels, then it is an obvious copyright 
violation. If that is the case, it's obvious that someone on the PluginJewels 
team ripped the graphics from one of the Astraware-licensed versions of our 
game. If that is indeed the case, those graphics need to be removed from the 
game, non-infringing gem art needs to be substituted for the infringing gem 
art, and the screenshots reflecting our copyrighted works need to be removed 
from Rockbox.com and all other affiliated sites. If it is not the case that 
these graphics are found in Rockbox versions of PluginJewels, please email me 
with assurances that these graphics do not appear in either the black-and-white 
or color versions of PluginJewels and remove the screenshot from Rockbo!
 x.com and all affiliated sites, so as not to create confusion about the 
look-and-feel of PluginJewels compared to Bejeweled(r). 

The important thing here is that PopCap Games does not want any confusion in 
the market as to whether the game was developed, published, or officially 
licensed by by PopCap Games. This current situation with the gem graphics as 
shown on Rockbox.com only perpetuates this confusion.

Best,
Dave


-----Original Message-----
From: Björn Stenberg [mailto:[EMAIL PROTECTED] 
Sent: Saturday, April 15, 2006 10:08 AM
To: Dave Haas
Cc: Rockbox development
Subject: Re: Remove PluginJewels from RockBox downloads immediately

You wrote:
> The game PluginJewels, for use on RockBox and available at 
> http://www.rockbox.org/twiki/bin/view/Main/PluginJewels, is a blatant 
> copyright violation of Bejeweled, the popular match-three game owned 
> by my company, PopCap Games, Inc., of Seattle, Washington, USA. I am 
> writing to you to demand that you remove PluginJewels from 
> www.rockbox.org and all other sites where users may download this game 
> for the Rockbox, no later than April 30, 2006. PopCap Games takes 
> seriously all copyright and trademark violations of our games and, if 
> necessary, we will enforce our rights to the fullest extent of the law.
> 
> Thank you for your prompt attention to this matter. I await your 
> response.

Hi Dave.

My name is Björn Stenberg. I am the founder and one of the leaders of the 
Rockbox open source project. I am also the owner and administrator of the main 
download site for Rockbox.

In the Rockbox project we take copyright very seriously. Therefore your mail is 
confusing to me. To the best of my knowledge, the Jewels plugin in Rockbox 
contains no program code, graphics, text or other material belonging to you or 
your company. Hence I do not understand what it is you claim to be a "blatant 
copyright violation".

Please specify in detail what material in our Jewels plugin you claim to hold 
the copyright to.

--
Björn




----- End forwarded message -----

-- 
Björn

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