DarkAnsem Posted September 3, 2012 Posted September 3, 2012 WB sent a Cease and Desist letter to the MERP mod. Please, everyone, sign those petitionshttp://www.thepetitionsite.com/690/852/368/save-the-merp-mod-for-skyrim/http://www.gopetition.com/petitions/save-merp-from-corporate-greed.html and share them everywhere you can. I am also thinking of writing to signal this to the major gaming websites. I mean, they have no real legal basis accordingly to the Fair Use chapter of the USA Copyright Act. But still, your support is needed.
ghosu Posted September 3, 2012 Posted September 3, 2012 "I mean, they have no real legal basis accordingly to the Fair Use chapter of the USA Copyright Act" So, where is the problem then :D ?
gsmanners Posted September 3, 2012 Posted September 3, 2012 No offense, but petitions accomplish nothing. Only a more direct approach can solve a problem like this. And fair use is a question of law for a judge to decide. It isn't something you can depend on (like denied insurance claims or idiot cops).
DarkAnsem Posted September 4, 2012 Author Posted September 4, 2012 "I mean, they have no real legal basis accordingly to the Fair Use chapter of the USA Copyright Act" So, where is the problem then :D ?problem is they need encouragment.
Esteris Posted September 4, 2012 Posted September 4, 2012 (edited) Why would they ever care for a MOD FOR A GAME being based on Tolkien of all things? And so I think a public-owned story now? Unless I'm wrong. Or even if it related to their movie? No assets are used, no money is being made of it, ever. What is going on here? Why bother people with such things and deny FANS something awesome to get? ._. There is not even a way this could in any way whatsoever diminish WB profits. I don't get it. Edited September 4, 2012 by Esteris
Cthuloot Posted September 4, 2012 Posted September 4, 2012 Why would they ever care for a MOD FOR A GAME being based on Tolkien of all things? And so I think a public-owned story now? Unless I'm wrong. Or even if it related to their movie? No assets are used, no money is being made of it, ever. What is going on here? Why bother people with such things and deny FANS something awesome to get? ._. I know that they have some LOTR game in the grinds at the moment. I've seen the ad for it a few times on YouTube. It looks like it'll be crap, but that's my best bet here. I imagine that they're worried something like this would be competition for them, seeing as how these guys have put a lot of work into it, and were able to get more done, seeing as how they already had an engine to work with.
Esteris Posted September 4, 2012 Posted September 4, 2012 I see. Well that at least sheds a tinkle or logic on the whole thing, but I still find it plan retarded. It's a non-profit mod that will likely be completely different from the game. My question is though: do they have rights to the book and the story as well (I honestly dare to doubt it and will keep on doubting until someone proves otherwise ;o)? Or just the imagery of the movies?
slzy Posted September 4, 2012 Posted September 4, 2012 (edited) apart from the obvious intellectual property issues, the main bug bear is that you can't use someone else's IP to create content for a third party commercial product. irrespective of the intentions or the availability you just can't do that. using any kind of IP you do not own in any kind of creative or interpreative project without full written consent is illegal. the CAD is quite fair. it sucks but one of the things many modding communities sticky right at the top of their forums is: don't use someone else's IP for your project because they can and likely will shut you down. if they ignored it, it would represent a precedent for infringement which could lead to other commercial challenges to their legal rights of ownership. nobody is going to allow that. thats why if mcdonalds want to put hobbits on their happy meal carton they have to license the right to do that. and pay for it! Edited September 4, 2012 by slzy
gsmanners Posted September 4, 2012 Posted September 4, 2012 apart from the obvious intellectual property issues, the main bug bear is that you can't use someone else's IP to create content for a third party commercial product. irrespective of the intentions or the availability you just can't do that. using any kind of IP you do not own in any kind of creative or interpreative project without full written consent is illegal. Incorrect. At least in the US, there is this clause in the Constitution called Fair Use. Reserving more rights than the Constitution permits is illegal, abusive, and unconscionable (not to mention, morally wrong). This is something Intellectual Slavers need to get through their thick skulls.
slzy Posted September 4, 2012 Posted September 4, 2012 (edited) apart from the obvious intellectual property issues, the main bug bear is that you can't use someone else's IP to create content for a third party commercial product. irrespective of the intentions or the availability you just can't do that. using any kind of IP you do not own in any kind of creative or interpreative project without full written consent is illegal. Incorrect. At least in the US, there is this clause in the Constitution called Fair Use. Reserving more rights than the Constitution permits is illegal, abusive, and unconscionable (not to mention, morally wrong). This is something Intellectual Slavers need to get through their thick skulls. yeah I'm personally aware of this legislation, but you need to understand that it does not imply you can do whatever you want with someone else's ip. people seem to think that is the case and it really isn't. fair use: non-profit, educational or personal use. in this case, people were making content for a commercial product which they intended to distribute globally and did not have the permission of the rights holder to do so. as I said, it sucks, but honestly its a real bad idea to mod using someone else's ip without their permission because it always ends the same way: in a CAD letter. :confused: edit: actually to be fair it doesn't always end in a CAD letter. I note the Game of Thrones mod for Crusader Kings 2 is hugely popular for example. but in this case, I think it was a safe bet to say that the insanely lucrative ip, the fact there are other video games made under license by other developers etc. it was always gonna end badly. Edited September 4, 2012 by slzy
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