JoeBlank
Explorer
Another lawyer here weighing in against posting any more than the portions of BOEMII that are specifically OGL.
Don't want to get into a long debate, just wanted to add my voice. Also, Mistwell, I understand when you are offended by non-lawyers trying to tell you what the law is, but law is different from plumbing. The average person can get by in life knowing as little as possible about plumbing, and calling a plumber when they need one. However, the average person is expected to know the law as it applies to their activities. (Ignorance of the law is no excuse, as they say.)
It expected by various governments that Morrus, and his moderators, know enough about copyright law to avoid becoming a party to any infractions. It was Piratecat's job to review a potentially illegal post and make a judgment call as to whether it might be infringement. We should not criticize him for doing his job, and for erring on the side of caution when it means protecting the well-being of a site we would all hate to see shut down. (A bit extreme, and I don't think Monte would try to shut down ENWorld, but Morrus and the Mods can't be too careful.)
Note: Cool band name, Morrus and the Mods.
That said, I have over 7 years legal experience myself, and some background in copyright law too. I fall in the almost extreme protectionist camp when it comes to fair use. Basically, the law is subject to interpretation. That is why we have the Supreme Court, and other lower courts. Some folks interpret fair use in a liberal manner, to allow a wide range of use for discussion and education. I am of the opinion that such use should be extemely limited, with any eye towards protecting the ownership rights of the copyright holder.
To the OP, sorry for turning your thread about the MC sorcerer into a copyright debate. If Mistwell, or others, want to continue to debate elsewhere then we should start a new thead.
On topic, I am one of those who likes pretty books on my shelf, and am waiting for the print edition, but I will buy BOEMII.
Don't want to get into a long debate, just wanted to add my voice. Also, Mistwell, I understand when you are offended by non-lawyers trying to tell you what the law is, but law is different from plumbing. The average person can get by in life knowing as little as possible about plumbing, and calling a plumber when they need one. However, the average person is expected to know the law as it applies to their activities. (Ignorance of the law is no excuse, as they say.)
It expected by various governments that Morrus, and his moderators, know enough about copyright law to avoid becoming a party to any infractions. It was Piratecat's job to review a potentially illegal post and make a judgment call as to whether it might be infringement. We should not criticize him for doing his job, and for erring on the side of caution when it means protecting the well-being of a site we would all hate to see shut down. (A bit extreme, and I don't think Monte would try to shut down ENWorld, but Morrus and the Mods can't be too careful.)
Note: Cool band name, Morrus and the Mods.
That said, I have over 7 years legal experience myself, and some background in copyright law too. I fall in the almost extreme protectionist camp when it comes to fair use. Basically, the law is subject to interpretation. That is why we have the Supreme Court, and other lower courts. Some folks interpret fair use in a liberal manner, to allow a wide range of use for discussion and education. I am of the opinion that such use should be extemely limited, with any eye towards protecting the ownership rights of the copyright holder.
To the OP, sorry for turning your thread about the MC sorcerer into a copyright debate. If Mistwell, or others, want to continue to debate elsewhere then we should start a new thead.
On topic, I am one of those who likes pretty books on my shelf, and am waiting for the print edition, but I will buy BOEMII.
