The Hotness
Games|People|Company
All Things Zombie: The Boardgame
Defenders of the Realm
Dungeon Lords
Washington's War
Twilight Struggle
Runewars
Dominion: Alchemy
Dominion
Agricola
War of the Ring Collector's Edition
Founding Fathers
Race for the Galaxy
Through the Ages: A Story of Civilization
Battles of Westeros
Small World
Race for the Galaxy: The Brink of War
Arkham Horror
Thunderstone
Warlords of Europe
Summoner Wars
Puerto Rico
Le Havre
Frontline D-Day
Wars of the Roses: Lancaster vs. York
Chaos in the Old World
Eketorp
Hansa Teutonica
Skyline 3000
Warhammer: Invasion
Battlestar Galactica
Endeavor
1989: Dawn of Freedom
Last Night on Earth: The Zombie Game
Space Hulk (3rd Edition)
War of the Ring
Descent: Journeys in the Dark
Power Grid
Pandemic
BattleLore
Alpen Express
Brass
The Republic of Rome
Stone Age
Vasco da Gama
Mystery Express
Cosmic Encounter
Samarkand: Routes to Riches
Fresco
Dune Express
Power Grid - Factory Manager
Rules | Subscriptions | Bookmarks | Search | Account | Moderators
Recommend
93
158 Posts
[1]  Prev «  3 , 4 , 5 , 6 , 7  | 
New Thread | Printer Friendly | Subscribe  sub options | Bookmark
Your Tags: Add tags
Popular Tags: gw_file_pull [+] [View All]
Quijanoth
United States
Valparaiso
Indiana
msg tools
Avatar
mbmb
dyfrgi wrote:
Your comment that "they're require to protect them in order to maintan them" doesn't fit with my understanding of copyright law. Citation?


Citation? LOL. Not unless we're going to start talking about billing. :)

aramis wrote:

Not quite. Illegal means prohibited by law. Criminal, in the US at least, has the additional denotation of being tried in criminal courts with a (outside of Louisianna) standard of reasonable doubt and innocent until proven guilty.

All copyright infringement is illegal; only certain forms are criminal.



A cogent argument and excellent point. However, if BGG had not complied with GW's C&D, despite BGG's own self-imposed standards against uploading copyrighted material, it seems pretty difficult to claim (as dyfrgi seemed to be...could just be my interpretation) that the violation wasn't willful, and, therefore, criminal. My brevity may have betrayed me somewhat, and, on review, I confess I wasn't being completely clear with my point...which was to say that retaining any of the files (i.e. those which were questionably infringing on GW's IPs) left BGG open to prosecution for criminal infringement statutes, due to the willful nature of their retention. Splitting hairs about the criminality of each individual file would become moot if the DoJ could establish deliberate disregard of GW's C&D...

Granted, we're moving into the minutia of law (which, I suppose, was sort of the point of me starting this tread), but we are also dipping deeply into the hypothetical. BGG did exactly the right thing: take the stuff down, sort it out later. This was never going to trial...never going to lead to even a discussion of remedy or settlement...it was, as I've said, a very standard approach to IP defense. Thanks for the mental workout. :)
Michael Leuchtenburg
United States
Sunderland
Massachusetts
msg tools
Avatar
Quijanoth wrote:
dyfrgi wrote:
Your comment that "they're require to protect them in order to maintan them" doesn't fit with my understanding of copyright law. Citation?


Citation? LOL. Not unless we're going to start talking about billing. :)


Okay. Well, I think you're mistaken. While trademarks must be defended, copyrights need not be.
Quijanoth
United States
Valparaiso
Indiana
msg tools
Avatar
mbmb
dyfrgi wrote:
Quijanoth wrote:
dyfrgi wrote:
Your comment that "they're require to protect them in order to maintan them" doesn't fit with my understanding of copyright law. Citation?


Citation? LOL. Not unless we're going to start talking about billing. :)


Okay. Well, I think you're mistaken. While trademarks must be defended, copyrights need not be.



Didn't read all of the previous posts, did you? Statutory damages, Berne Convention, etc.? It's all in there. I wasn't quite expecting the amount of proof of qualification or authority I'd need when I posted my opinion as a lark one evening...

Edit: As an aside, I read "Image Processing Architecture for Semiconductor Nanowire Fabrics", and I think you are mistaken with your assertion that improvements in manufacturing in conjunction with the NASIC fabric and built-in defect tolerance schemes could lead to reliable, high density image processing systems in the near future. In my totally untrained opinion, they are way off. ;) Just playin' with ya, doc. Have an awesome Thursday.
William Hostman
United States
Eagle River
Alaska
msg tools
designer
Avatar
mbmb
dyfrgi wrote:
Quijanoth wrote:
dyfrgi wrote:
Your comment that "they're require to protect them in order to maintan them" doesn't fit with my understanding of copyright law. Citation?


Citation? LOL. Not unless we're going to start talking about billing. :)


Okay. Well, I think you're mistaken. While trademarks must be defended, copyrights need not be.


In the US:

Not exactly; a copyright cannot be lost by non-defense, tho some damages can be forfeit by proving non-defense.

A trademark is lost by willful, knowing or careless non-defense; not pursuing violations you were not aware of doesn't, but a pattern of it can be argued as careless, or even voluntary forfeiture. And the neat thing about trademark litigation is that when they claim you didn't defend against party X, you can immediately act on party X and make the argument of ignorance. Disproving ignorance of a violation is hard...

The other element of intellectual property law practice to be very wary of: 90%+ is settled. Settlements often bear no resemblance to what is "right and proper" let alone just.
Matija Han
Serbia
Belgrade
msg tools
mb
Intricacies of the law aside, GW should learn to talk through their mouths before they talk through their lawyers.

I'm sure at least 99% of people were not (potentially) breaching their copyright for any sort of personal gain or criminal intent. These people are simply their customers who like to share their creativity.

If one builds a playground and invites people to come and play, than it is inappropriate to surround that playground with an electric fence.

They treated us like crooks, and cannot expect anything else in return.

And law will always be... well, law.
Joe Baptist
United States

California
msg tools
Avatar
mb
Moorman wrote:
I would like to provide a gamers and BGG users perspective on the GW C&D.

We all know that IP protection laws exist, and that they can and sometimes will be enforced by the companies owning the IP. This is neither good nor bad by itself, it is a necessity of the current system we live in.

What made me angry about GW action is the following:

BGG is a growing site, and had been a source of fan-made material for GW as well as non-GW games for years now - and this was more or less ignored on behalf of GW. During this time, BGG has developed a growing community of it's own - growing both in numbers and in the influence it has on the marketing of board games. This is beneficial for both gamers and game publishers alike.

Then Space Hulk appears, and as expected, being such a good game, it makes a big success here on BGG. Suddenly, GW starts taking big interest in what happens on BGG! The fact that this has happend only a couple of months after SH's big success here tells me that GW has reckognized the advertising potential that BGG rating board has on the global gaming market, and has decided to remodel BGG to suit it's needs.

Next thing we know, GW takes an exceedingly aggressive step in this direction, with total disrespect for the community that is behind BGG, and which provides the power that BGG is starting to acquire in the board game market. They request indiscriminate file removal, but not the game entry removal!

Fact is, there are people (and I think there's many of them) who come to BGG to check the highest rating games in order to consider buying some of them. So, BGG clearly has a big advertising potential. But, BGG is also a place for gamers to meet in goodwill and exchange fan-made material, photos, stories and such...

GW has acted with a moto: take what you want, sue what you don't. Very ruthlessly, efficiently and indiscriminately.

Yes, some of the removed files could have been illegal (not in a criminal way, but only due to people not caring to read the small print), but if GW is not happy with BGG policies which seem to be ok with every other gaming company which has it's entries here, than I say: let GW stay clear of BGG altogether.

Yes, we all would lose by that because we would not be able to exchange our ideas and what we like about their games (which are in my opinion mostly gorgeous), but I think that like this we risk even more!

I want BGG to remain what it is. I don't want to see other game publishing companies one by one following suit because this has come to pass. I want to say how I feel about this in order to try to prevent that.

If GW is aggressively weilding it's power against what we stand for, than I feel it is entirely ok to cut down the free advertising we have provided for them. In my comment I have written what I really think about Space Hulk - that it is an awesome game, but I don't want for our community to become a part of a corporate marketing machinery which has to put up with lawsuit threats for posting playeraids online.

If GW comes to our party, it is not entitled to play it's own music. If it threatens with lawyers, it can very well leave for all I care. I don't like powergamers in real life any more than I do in Warhammer 40K.


The timing of this letter probably had nothing to do with the release of Space Hulk. GW recently sent out a wave of letters asking that sites respect their wishes in regards to how the sites used GW IP. Some of the sites probably complained back along the lines of "But such and such a site does it", which forced GW to send out a second round of letters (either that, or GW noticed more sites and sent out a second round of letters). It seems that BGG was in the second group of letters to go out.

While it may seem insulting to a BGG member that GW treats BGG just as it would treat a more specialized site like Talkbloodbowl, bolterandchainsword, or belloflostsouls, the fact of the matter is that a GW game or miniatures game specific site does more for GW's business than BGG does.

GW is not asking for anything that other game companies haven't asked for - that files that they feel are IP violations be removed. While they don't seem to have asked in as friendly a manner as some of the smaller companies with closer ties to BGG did, they did so in a legally appropriate manner that seems common for large corporations. In fact, BGG already has policies that ask users not to upload files that may violate other companies' IP. This is to protect BGG from legal action by other companies.

GW also didn't ask for "indiscriminate" file removal. They asked for removal of files which violate their IP guidelines. This is why some files were not removed, and why others have (reportedly) been reposted (either after review, or after revision).

What you aren't thinking of is what companies consider their products to be. FFG doesn't have a problem with having game rules available on BGG because they don't sell game rules, they sell the game as a unit. GW frequently sells their rulebooks as a product. This means that they don't want rulebooks available for free download - unless GW are offering it as a free download, in which case they want it to be downloaded from their own site, so they can pull the download if they ever decide to sell the rulebook again.




Last edited on 2010-01-09 02:31:37 CST (Total Number of Edits: 1)
Matt Price
United States
San Francisco
California
msg tools
Quote:
the fact of the matter is that a GW game or miniatures game specific site does more for GW's business than BGG does


Though I'm not disputing this, I would be very curious to see if data to support this assertion existed. How does GW track where their business comes from? Personally, BGG is the only reason I bought GW stuff. I don't visit any of the GW-specific sites, but I have bought from the GW website in the past.
Ti Hei
United States

Minnesota
msg tools
Avatar
mattprice wrote:
Personally, BGG is the only reason I bought GW stuff.


Commencing snark: Untrue, BGG and GW are the only reasons you bought GW stuff.
[1]  Prev «  3 , 4 , 5 , 6 , 7  | 
Front Page | Welcome | Contact | Privacy Policy | DMCA | Advertise | Support BGG | Feeds RSS
BoardGameGeek and the BoardGameGeek logo are trademarks of BoardGameGeek, LLC.