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<blockquote data-quote="Sacrosanct" data-source="post: 7301002" data-attributes="member: 15700"><p>Running afoul and risk are two different things. By the law, using someone else's IP without their permission is a violation of copyright, regardless of how you use it. However, when people use things for personal use, most people really don't care (or even know about it). But the point myself and Ovinomancer are trying to make is that even if the IP holder doesn't do anything, doesn't mean you're still not in violation and opening yourself up to problems. If you take something I have IP ownership of and use it in your own private games or whatever, I really don't care. If you use something I have IP ownership of and put out something for distribution without permission, then I very much do care. I paid for the right to use these things, and/or I spent the time to create them myself. You do not have the right to use them for free to try to "sell" your project.</p><p></p><p>And that's what it comes down to. The right. Just because one person might be OK with you using something, and another isn't, the fact remains is that it's <em>their </em>choice to make that decision, and people should never assume they can do it anyway because they haven't gotten busted yet. Disney sued a daycare to remove images of their IP that were painted on the wall, so just because someone hasn't been sued yet, doesn't change the fact that they are still legally in the wrong and are at risk.</p><p></p><p>As always, people should consult a lawyer before assuming it's OK to use another's IP or to assume it falls under fair use.</p><p></p><p></p><p></p><p>Indeed. He is flat out wrong, and anyone listening to him is putting themselves at risk.</p></blockquote><p></p>
[QUOTE="Sacrosanct, post: 7301002, member: 15700"] Running afoul and risk are two different things. By the law, using someone else's IP without their permission is a violation of copyright, regardless of how you use it. However, when people use things for personal use, most people really don't care (or even know about it). But the point myself and Ovinomancer are trying to make is that even if the IP holder doesn't do anything, doesn't mean you're still not in violation and opening yourself up to problems. If you take something I have IP ownership of and use it in your own private games or whatever, I really don't care. If you use something I have IP ownership of and put out something for distribution without permission, then I very much do care. I paid for the right to use these things, and/or I spent the time to create them myself. You do not have the right to use them for free to try to "sell" your project. And that's what it comes down to. The right. Just because one person might be OK with you using something, and another isn't, the fact remains is that it's [I]their [/I]choice to make that decision, and people should never assume they can do it anyway because they haven't gotten busted yet. Disney sued a daycare to remove images of their IP that were painted on the wall, so just because someone hasn't been sued yet, doesn't change the fact that they are still legally in the wrong and are at risk. As always, people should consult a lawyer before assuming it's OK to use another's IP or to assume it falls under fair use. Indeed. He is flat out wrong, and anyone listening to him is putting themselves at risk. [/QUOTE]
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