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JohnnyTazer

NQ should ban all stolen IP events

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2 hours ago, NQ-Naunet said:

Star Wars-esque constructs and/or events fall within "fair use" (not sure what it's called in Canada/France, so forgive the US terminology).

Fair use is not a right though, it is a defense in case you get a request to appear in court for IP/copyright violations.

 

You can't say "I can build this under fair use", you can only tell a judge once you appear in court that your defense would be that because of SoAndSo, fair use should apply and it would then be up to the judge to weight that argument, generally on a case by case basis but mostly along these 4 factors:

 

 

The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes

Generally if you do not profit this would apply (so, no RMT ;) )

 

The nature of the copyrighted work

Do you intent to purpose the work for the same goals as the original 

 

The amount of the portion used in relation to the copyrighted work as a whole

How much of the original did you copy/use

 

The effect of the use upon the potential market for or value of the copyrighted work.

Is the copyright holder potentially losing revenue because of your work

 

 

 

So in case you get asked to appear in court you'd better be able to to defend the above at least. And no, crediting source material or putting up a disclaimer that you are only applying "Fair Use" in advance will not suffice ;)

 

 

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3 hours ago, blazemonger said:

Fair use is not a right though, it is a defense in case you get a request to appear in court for IP/copyright violations.

 

You can't say "I can build this under fair use", you can only tell a judge once you appear in court that your defense would be that because of SoAndSo, fair use should apply and it would then be up to the judge to weight that argument, generally on a case by case basis but mostly along these 4 factors:

 

 

The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes

Generally if you do not profit this would apply (so, no RMT ;) )

 

The nature of the copyrighted work

Do you intent to purpose the work for the same goals as the original 

 

The amount of the portion used in relation to the copyrighted work as a whole

How much of the original did you copy/use

 

The effect of the use upon the potential market for or value of the copyrighted work.

Is the copyright holder potentially losing revenue because of your work

 

 

 

So in case you get asked to appear in court you'd better be able to to defend the above at least. And no, crediting source material or putting up a disclaimer that you are only applying "Fair Use" in advance will not suffice ;)

 

 

I take it you’re an attorney? 

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What makes you think that.. Seeing so many people entirely missing the point about what "fair Use" actually is just made me want to find out how this really works.. Not that it takes more than 20 seconds to find out  using Google .. ;)

 

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2 minutes ago, blazemonger said:

What makes you think that.. Seeing so many people entirely missing the point about what "fair Use" actually is just made me want to find out how this really works.. Not that it takes more than 20 seconds to find out  using Google .. ;)

 

Good point, all hail the mighty google 

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23 hours ago, blazemonger said:

Fair use is not a right though, it is a defense in case you get a request to appear in court for IP/copyright violations.

 

You can't say "I can build this under fair use", you can only tell a judge once you appear in court that your defense would be that because of SoAndSo, fair use should apply and it would then be up to the judge to weight that argument, generally on a case by case basis....

that's true of all things protected by law, though -- people get drawn into court for things that are very clearly protected by free speech all the time, sometimes for years. Only some states have "anti-slap" laws that (sometimes) prevent obviously meritless lawsuits from wasting time in court. 

 

the first amendment is a right -- arguably the most famous/obvious right Americans have -- people still get sued and have to argue for their first amendment rights, sometimes for years and at great expense. 

 

so something can absolutely be a right as defined by law, but still land you in civil court. 

 

fair use is a right -- it is expression specifically defined and protected by the law. Sure, the definition in the law is a bit vague, but even if it were super clear...people would still get sued because that's just how America "works". 

 

plenty of corporations pursue cases knowing that the work in question does fall under fair use (or 1st amendment) -- but lawsuits are a weapon here, and most average people just don't have the resources to fight in court. 

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On 2/22/2021 at 12:03 AM, JohnnyTazer said:

This is dual universe. Not star wars universe.  Stealing intellectual property should not be condoned by NQ.  They need to step up and ban any further events.  NQ doesn't own or have rights to star wars.  And I'm here to play dual universe not star wars. Hopefully NQ steps up and does the right thing.  

bann this troll. now.

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