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Thursday, 7th July, 2011, 01:19 AM #81
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Thursday, 7th July, 2011, 02:31 AM #82
Actually, no, Dannager. Not going to rise to your bait. Happy gaming to you.
Last edited by MrGrenadine; Thursday, 7th July, 2011 at 02:35 AM.
Thursday, 7th July, 2011, 05:31 AM #83
Novice (Lvl 1)
More power to Paizo. This is their living, after all. And they have been remarkably low-key about the whole thing. I see no use of 'unnecessary force', just a firm reminder to someone who stepped over the line.
Thursday, 7th July, 2011, 05:41 AM #84
The Great Druid (Lvl 17)
I know, since I am one of them.
IP needs to be defended, the OGL, and to a lesser extent the GSL, give a safe harbor, but there are still rules governing IP - the use of images is specifically against the stated OGL content of nearly every work.
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And the crew of the captain's gig...
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Thursday, 7th July, 2011, 08:55 AM #85
Thaumaturgist (Lvl 9)
I'll admit I defended Pazio here, and criticized WotC when they sent a C&D letter about Masterplan's use of the Compendium.
Mainly because Masterplan added value to the D&DI product, making it more desirable to have an account. Similarly I criticized them when they remove the sale of PDF, since PDFs are still available illegally, just not legally any more.
Where as using images of the Item Cards, reduces the value of the Item Card product, as all that product is, is the images. You give them away the product has no value.
These are two completely different cases, so you can expect different reactions. I believe in protecting your business, in some cases this is done by protecting your IP in other cases protecting your IP actually harms your business.
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Thursday, 7th July, 2011, 09:51 AM #86
Superhero (Lvl 15)
Thursday, 7th July, 2011, 10:08 AM #87
Time Agent (Lvl 24)
Thursday, 7th July, 2011, 10:39 AM #88
Time Agent (Lvl 24)
But it costs the IP holder money to file the claim as well. And there is the fact that the "minion lawyer" (mentioned below) draws an annual income from the company if he is an employee or on retainer- meaning he gets paid whether he wins a dozen lawsuits or never even sends a C&D letter.
Protecting IP is NOT cheap.
And lets not forget, not every IP holder is a big company. A lot is held by individuals (like me, actually- music, sculptures, paintings, commercial designs and a book in progress). And its no cheaper for an individual to protect his IP than it is for a big company. Actually, it is probably more expensive on a case by case basis. (Ask Ani DiFranco how much it costs her to protect her own private record label from pirates.)
Lots of people do and will continue to do so. Most of them will have some kind of legitimate point. Most persons citing a Constitutional safe harbor legitimately- IOW, not just trying to justify their actions, but genuinely engaging in protected forms like a review or satire- win.With Bill S978, the penalties go beyond cash and become felonies. Felonies. All the copyright owner (or, with S978, the government) has to do is tell a minion lawyer to file a complaint and the alleged infringer is now tied up for months defending themselves. Who is going to ever take on that risk to review a product?
Now here's the thing: if your defense is legit, and found to be so, you can actually get court costs. IOW, if your use of someone else's IP is deemed to be Constitutionally protected, your court costs & legal fees get paid by the other side. Its a double edged sword, though. If the Court thinks your use was NOT protected, and that the assertions in your defense were frivolous (IOW, the Court thinks you wasted their time because you knew you were wrong and didn't settle out of court), YOU can be ordered to pay the court costs & fees of the IP holder. That is on top of the penalties the Court finds justified.
Still, the Gov't is not going to pursue people on its own motion unless it is after people infringing on its own IP. The IP holder HAS to be involved.
What people still don't understand is that violation of Copyright law already can be a criminal offense under:
(A criminal action under this section has to be initiated within 5 years of the offending act.)Title 17 Chapter 5 §506
1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
The new bill just ups the penalty, and not by much: United States Code: Title 18,2319. Criminal infringement of a copyright | LII / Legal Information Institute
So here's the takeaway: Odds are pretty good that the computer game companies are not going to do a damn thing about Let's Plays just because of this new bill. The reason is that they aren't doing anything about them right now under current law, which only differs from the proposed bill in severity of punishment.
And does Blizzard really care if you go to jail for 3 years (current law) or 5 years (proposed law)? I don't think so. If they DID care, they'd go after you NOW, then get you again for another offense and get you for 6-10 years (current law) as a repeat offender.
Thursday, 7th July, 2011, 01:05 PM #89
Superhero (Lvl 15)
Every rpg company has to decide for itself how to handle ip issues like this. But my feeling is it is generally unwise for rpg companies to issue Cease and desist letters in these sort of cases. This is a small industry and really rpg customers are like a community. Bad feelings spread quickly. Not saying they don't have the right to protect their ip. Just think the fallout doesn't balance out the benefits long term.
Thursday, 7th July, 2011, 02:50 PM #90
Acolyte (Lvl 2)