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What will Masterplan be after the C&D?
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<blockquote data-quote="Kafen" data-source="post: 5188594" data-attributes="member: 11273"><p>Seriously. </p><p></p><p>WOTC's only defense that is could muster is its intent to defend its data and trademark. And, iPlay4e stores data in direct violation of the fan site policy. The GSL avoids it which forces WOTC into the realm of data laws. Once you reach that point, the simple fact that WOTC allows sites like iPlay 4e to link data in direct violation of its stated fansite policy suggests that it's cheery picking which sites it targets as far as 'intent' goes which speaks volumes once you get to court.</p><p></p><p>To specifically speak to your claim that iPlay4e only allows non-proprietary data, it is false. I am hosting a character with levels above the free tier on iPlay4e after letting my DDI sub run dry. iPlay4e is now exactly where the file sharing groups stands in the law - the front of a gun barrel. Masterplan only provides software which places enforcement of data rights on the burden of WOTC. If you seriously think that iPlay4e - a site hosting data which WOTC claims as its own under the DDI terms in addition to linking to WOTC data which the fansite terms explicitly prohibit- is safer than a software suite that scrapes data from the cache/end user for a pay service, you are mistaken. The scraping and data collecting software suites have many laws to protect them from companies like WOTC. To be exact, WOTC is entering into the modern world of data storage. </p><p></p><p>The only legit claim they would have is that Masterplan is copying the data into a third party storage system. On this level, the trouble for WOTC starts when they provide it as a pay service which provides for reasonable manipulation of the data in modern devices. There is nothing in the terms of service in DDI that prohibits the caching and storage of data on the end user level because WOTC can't make that claim. The data belongs to the end user at that point due to payment for services. The end users only lose the rights to that data after they stop their sub. So, the blame for this action rests solely on the handlers of the data at this point under the law unless WOTC can prove that Masterplan is supporting the transfer/mass distribution of that data which it does not. Thus, it becomes a matter of enforcement which involves them going after torrent users. People should be urging WOTC to go after the file sharing people - not the software companies. If people are looking to 'cheer' something, it is the point they need to consider.</p><p></p><p>But hey, I only know American law on the point. I'm sure that Brits along with French have entirely unique laws on the issue. However, WOTC is a US company. American laws provide protection to software companies up until they become a third party to violations of the data the theft laws. In this case, Masterplan openly encourages people to join DDI. Also, they do not host library files. You would have a hard time finding a judge that sides with WOTC at this point inside the US. </p><p></p><p>You are falling into the trap that many people fall into. You confuse what people 'think' with what the courts rule. Until the courts remove protections from software companies for the actions of end users, the only points you score will be rep points on the forum with the WOTC fans. The judges have to take into account reasonable use and existing data laws which firmly protect companies like Microsoft from people that want to sue because 'their operating system sucks' or 'the hacker used a known security hole to hack my system!'. Sure, Masterplan is not an uber giant with big pockets, but they have the same protections. I have no doubt that WOTC would be refused if they ever send anything like that letter to M$. It's unfortunate that Masterplan is giving into them.</p></blockquote><p></p>
[QUOTE="Kafen, post: 5188594, member: 11273"] Seriously. WOTC's only defense that is could muster is its intent to defend its data and trademark. And, iPlay4e stores data in direct violation of the fan site policy. The GSL avoids it which forces WOTC into the realm of data laws. Once you reach that point, the simple fact that WOTC allows sites like iPlay 4e to link data in direct violation of its stated fansite policy suggests that it's cheery picking which sites it targets as far as 'intent' goes which speaks volumes once you get to court. To specifically speak to your claim that iPlay4e only allows non-proprietary data, it is false. I am hosting a character with levels above the free tier on iPlay4e after letting my DDI sub run dry. iPlay4e is now exactly where the file sharing groups stands in the law - the front of a gun barrel. Masterplan only provides software which places enforcement of data rights on the burden of WOTC. If you seriously think that iPlay4e - a site hosting data which WOTC claims as its own under the DDI terms in addition to linking to WOTC data which the fansite terms explicitly prohibit- is safer than a software suite that scrapes data from the cache/end user for a pay service, you are mistaken. The scraping and data collecting software suites have many laws to protect them from companies like WOTC. To be exact, WOTC is entering into the modern world of data storage. The only legit claim they would have is that Masterplan is copying the data into a third party storage system. On this level, the trouble for WOTC starts when they provide it as a pay service which provides for reasonable manipulation of the data in modern devices. There is nothing in the terms of service in DDI that prohibits the caching and storage of data on the end user level because WOTC can't make that claim. The data belongs to the end user at that point due to payment for services. The end users only lose the rights to that data after they stop their sub. So, the blame for this action rests solely on the handlers of the data at this point under the law unless WOTC can prove that Masterplan is supporting the transfer/mass distribution of that data which it does not. Thus, it becomes a matter of enforcement which involves them going after torrent users. People should be urging WOTC to go after the file sharing people - not the software companies. If people are looking to 'cheer' something, it is the point they need to consider. But hey, I only know American law on the point. I'm sure that Brits along with French have entirely unique laws on the issue. However, WOTC is a US company. American laws provide protection to software companies up until they become a third party to violations of the data the theft laws. In this case, Masterplan openly encourages people to join DDI. Also, they do not host library files. You would have a hard time finding a judge that sides with WOTC at this point inside the US. You are falling into the trap that many people fall into. You confuse what people 'think' with what the courts rule. Until the courts remove protections from software companies for the actions of end users, the only points you score will be rep points on the forum with the WOTC fans. The judges have to take into account reasonable use and existing data laws which firmly protect companies like Microsoft from people that want to sue because 'their operating system sucks' or 'the hacker used a known security hole to hack my system!'. Sure, Masterplan is not an uber giant with big pockets, but they have the same protections. I have no doubt that WOTC would be refused if they ever send anything like that letter to M$. It's unfortunate that Masterplan is giving into them. [/QUOTE]
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