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| No jail time for fantasy card creators! | |
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| Tweet Topic Started: Mar 1 2009, 01:58 PM (259 Views) | |
| stubarnes | Mar 1 2009, 01:58 PM Post #1 |
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Hi gang. Just in case the false sense of danger still lingers in the air, our old pal chdb from Realms has confirmed the fact that we cannot go to jail for copyright infringement, since the lawsuits would be civil and not criminal. We could be shut down, obviously, but they will not take us from our homes. The salient quote:
Here are the full goods, concerning a recent takedown by Marvel Comics: http://mightygodking.com/index.php/2009/03/01/and-i-shall-call-it-dumbassopalooza-scans_daily-and-peter-david/ You can exhale now. |
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| michael.geier | Mar 1 2009, 02:22 PM Post #2 |
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Was it the worry of an 8x8 that had eveyone scared, or the impact of fines in an economic downturn? Even if not one penny is made from the releasing of fan-based content, the copyright owners (UDE for Vs., Marvel, DC, etc. for the art) can sue (civilly) and win, if they choose. |
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| stubarnes | Mar 1 2009, 02:24 PM Post #3 |
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There were some threats of jail time, voiced here on the forums.
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| CaptainIreland | Mar 1 2009, 03:24 PM Post #4 |
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As far as I know, tchalla was the only one who said something about jail time. He's one of the posters here I don't respond to, however, so I didn't correct him. |
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| CaptainIreland | Mar 1 2009, 03:36 PM Post #5 |
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Just finished the article, everyone, and it's...well, what you can expect from chdb, if you remember him. Note that his point is that scans_daily (the s_d mentioned) WAS in the wrong, but that Marvel and DC are "stupid" for considering the wrong. But chdb is full of spite for Marvel and DC anyway. And don't let the opening quote mislead you, this is chdb's very next line: "I don’t see the point in excusing the behaviour at s_d. It was technically illegal and they got pulled down, because Marvel (or DC) had the right at any point to do that. And that is perfectly proper in the legal sense." |
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| stubarnes | Mar 1 2009, 03:41 PM Post #6 |
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That's true, and I applaud your self control.
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| HeroComplex | Mar 1 2009, 04:11 PM Post #7 |
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Just for clarification, there are a few aspects of copyright law that can be enforced through criminal penalties---the Digital Millenium Copyright Act provides this for willful violation of a few of its provisions. The first has to do with circumventing technological copyright measures, and the second with removing or falsifying "copyright management information." It's a potentially controversial aspect of the Act. I'm not a lawyer, and am definitely not giving anyone advice about what is or isn't legal. As with the earlier thread, just offering some information I've picked up here and there, as I remember it; I encourage everyone to look up the law and make your own conclusions. In that vein, I'd probably ask anyone talking about jail time to clarify why what's happening violates one of those particular provisions, or point to a different law that has similar penalties. |
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