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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="Morrus" data-source="post: 5079220" data-attributes="member: 1"><p>This isn't entirely true. It is true that there are situations whereby a site owner <em>can</em> be liable for infringements, but the scenario you posit is not one of them.</p><p> </p><p>"Contributory Trademark Infringement" is most often used in reference to manufacturers and distributors of <em>goods </em>(a web forum does neither of these things). There have been some cases involving ISPs with varying results; to my knowledge there have been none involving web forums.</p><p> </p><p>You may be thinking of Vicarious Infringement, which has involved web forums in the past; but in those cases there needs to be a partnership between the web forum and the infringer with intent to distribute actual content via that forum (i.e. actually download the digitial files from the forum itself).</p><p> </p><p>However, on a page such as your own <a href="http://www.wolflair.com/rightframe.php?context=army_builder&page=supplemental_downloads" target="_blank">Army Builder data files page </a>(where you <em>yourself</em> have linked to data files which infringe various companies' IP rights - including <em>Babylon 5, Starship Troopers, Lord of the Rings</em> and many more), there is a case. You are certainly far more at risk than any web forum is.</p><p> </p><p>Of course, I don't know that you don't have an arrangement with the companies in question regarding that; you may well have for all I know (and you certainly don't owe me an explanation).</p></blockquote><p></p>
[QUOTE="Morrus, post: 5079220, member: 1"] This isn't entirely true. It is true that there are situations whereby a site owner [I]can[/I] be liable for infringements, but the scenario you posit is not one of them. "Contributory Trademark Infringement" is most often used in reference to manufacturers and distributors of [I]goods [/I](a web forum does neither of these things). There have been some cases involving ISPs with varying results; to my knowledge there have been none involving web forums. You may be thinking of Vicarious Infringement, which has involved web forums in the past; but in those cases there needs to be a partnership between the web forum and the infringer with intent to distribute actual content via that forum (i.e. actually download the digitial files from the forum itself). However, on a page such as your own [URL="http://www.wolflair.com/rightframe.php?context=army_builder&page=supplemental_downloads"]Army Builder data files page [/URL](where you [I]yourself[/I] have linked to data files which infringe various companies' IP rights - including [I]Babylon 5, Starship Troopers, Lord of the Rings[/I] and many more), there is a case. You are certainly far more at risk than any web forum is. Of course, I don't know that you don't have an arrangement with the companies in question regarding that; you may well have for all I know (and you certainly don't owe me an explanation). [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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