Alright, so level with me...

[Mark CMG]

If anyone receives a C&D letter, your first step is always to contact a lawyer, then ascertain the legal legitimacy behind the letter and only after that has been established(which will probably necessitate a court case), then remove content.

Almost good advice, in that a court case is often not necessary because the cease and desist letter alone probably suggests the legitimacy exists and your own lawyer will most likely suggest you comply and, if not, can draft a letter that can curtail any possibility of a court case by properly refuting the claims.

 

[Sunseeker]

Almost good advice, in that a court case is often not necessary because the cease and desist letter alone probably suggests the legitimacy exists and your own lawyer will most likely suggest you comply and, if not, can draft a letter that can curtail any possibility of a court case by properly refuting the claims.

If your lawyer tells you to comply with a C&D letter without looking into the claims at all, your lawyer sucks.

 

[Mark CMG]

If your lawyer tells you to comply with a C&D letter without looking into the claims at all, your lawyer sucks.

Jeez, man, despite my cautioning against getting into an argument over this, you seem determined to try and pick a fight by purposefully misreading what I write. Of course your lawyer will look into the claims as that is his job. Knock it off already.

 

[S'mon]

The reality of course is that websites will take down content on a C&D notice even if there is no conceivable legitimate claim.

There are automated web bots sending out vast numbers of DMCA takedown notices every day, often the bot is mistaken and the file it sends a notice over has no relation to the thing it's supposed to be searching for. There's no legitimacy there.

 

[Mark CMG]

There are automated web bots sending out vast numbers of DMCA takedown notices every day, often the bot is mistaken and the file it sends a notice over has no relation to the thing it's supposed to be searching for. There's no legitimacy there.

We're talking specifically about WotC C&Ds and I don't recall ever hearing of a case where one was sent by a bot, but if you know of one please do let me know.

 

[Sunseeker]

Jeez, man, despite my cautioning against getting into an argument over this, you seem determined to try and pick a fight by purposefully misreading what I write. Of course your lawyer will look into the claims as that is his job. Knock it off already.

I'm not sure why you're taking this so personally, nor am I making any attempt to misread what you write. I'm not sure why you are so worked up, I'm certainly not.

 

[Mark CMG]

I'm not sure why you're taking this so personally, nor am I making any attempt to misread what you write. I'm not sure why you are so worked up, I'm certainly not.

I'm not either so I guess we are done here.

 

[S'mon]

We're talking specifically about WotC C&Ds and I don't recall ever hearing of a case where one was sent by a bot, but if you know of one please do let me know.

The (few) WoTC C&Ds I've heard of seem to have been for clearly arguable cases of trade mark infringement. I've never seen them make a copyright-infringement claim except over filesharing of their product. My impression is that WoTC/Hasbro lawyers are good about only taking action in good faith, where they could actually argue a case in court - whether you would actually win a court case is unknowable of course.

 

[Mark CMG]

The (few) WoTC C&Ds I've heard of seem to have been for clearly arguable cases of trade mark infringement. I've never seen them make a copyright-infringement claim except over filesharing of their product. My impression is that WoTC/Hasbro lawyers are good about only taking action in good faith, where they could actually argue a case in court - whether you would actually win a court case is unknowable of course.

Well put.

 

[JeffB]

IDNHTIFOM, but I am pretty sure the SRD or OGL is in the back of each

The one PDF I have that I was able to take a look at, Mists of Madness, utilizes both SRD and OGL. Pretty positive the other 5x numbered DCC 4e mods I bought like sea drake, mountain king, forgotten portal, punjar,.etc., also used both. But I do not have them handy ATM.

Stat Blocks look very similar to WOTC versions, albeit power symbols are different.