[Archive] Intelectual Property

Gar Shadowfame:

I’d like to clarify if it is possible to post parts of GW IP online. As i remember it is legal with proper referencing, so as quotations, otherwise one could repeat other peoples words.

Also even if some barriers were to be broken, GW would notify the Administrator about it and request “immediate action” that is it.

I am refering myself to spell sheets, because this are in a funny way exempt from IP, GW published free spell cards and therefore allowed people to freely acces to the text of spells :smiley:

cornixt:

You can quote small things. You can’t post any documents that GW has produced, even if they were freely available. If you rewrite the text for spells then you’d probably be okay (I’m not 100% on that), but copy/paste is definitely not.

Gar Shadowfame:

You can't post any documents that GW has produced, even if they were freely available. If you rewrite the text for spells then you'd probably be okay (I'm not 100% on that), but copy/paste is definitely not.
I have to disagree, everytime a person views spell cards data is copied, every single bloody time, this is how tech works.

A person can quote as much and as long as owner doesnt complain.
I would like to see less political corectness when someone makes some game references for conveniences sake.

Hashut’s Blessing:

Gar Shadowfame: you are not allowed to reproduce GWs propety without their permission. It’s the law and in their small print everywhere.

They can quote as much as they want, as long as they make proper referencing. It’s best to keep it short so that they DON’T complain, but their complaints can’t be backed up if you use correct referencing.

It is not on our part that the “political correctness” is in place. Firstly, it isn’t political correctness, it is abiding to legalities. Secondly, GW can take legal action if we do not reference correctly or do not have their permission to post things, even if it was free from their website to begin with. Posting links to such downloads isn’t illegal, however. Yes, it’s finicky and annoying, but that’s the way copyright law works.

cornixt:

The copying itself isn’t the big problem, it’s the making available to everyone else afterwards.

And the owner does complain! That’s why we don’t host certain documents on this site anymore.

It’s not political correctness, it’s protecting intellectual property rights and not getting sued.

Gar Shadowfame:

You can make and examption caluse, “administration is not responsible for content posted by sites users”.

And "administration might delete any material posted on this forum without notice and without reason given"

First will let us post what we want, second will let You guys to keep everyone in line, this 2 clauses asume that admin are sensible people, and obvoiusly will not overuse their privilages, but it will change influence law has, (i dont say it is just or not, i say it is same as GW rights)

Hashut’s Blessing:

I don’t recall if the first is in the disclaimer or not, but it is fair enough. However, we are responsible for not removing or attempting to prevent it: that is our job, whether we say so or not, we still have to forewarn people and the website has it in the rules to not post things you shouldn’t.

The second point: that’s very draconian and totalitarian. We prefer to ask people to rectify a mistake that they’ve made and explain why. If we remove something, again, we explain why.

Unfortunately, we have to play by the rules set out before us, not by the ones we wish to create. A little example is that members of the website that aren’t staff (well, the staff have to as well) must abide by the rules that the staff have set. However, the staff can change these rules and non-staff members cannot (although all rules changes are debated and reasoned).

Gar Shadowfame:

Thats why i tell you that internet is a grey area, and if u renounce responsibility then noone can sue you. This is because of technical aspects of the internet.

Hashut’s Blessing:

Gar Shadowfame: The Internet IS a grey area, but not regarding the theft of intellectual property. It’s not as simple as you’re making out, I’m afraid. There are still rules in place.

Thommy H:

The owners of this website are responsible for the content that appears on it. Since the staff have the ability to control, down to the minutest detail, what appears here, they really have no legal grounds to say “we weren’t responsible for posting that!”. They have the ability, and the responsibility, to prevent theft of intellectual property.

Hashut’s Blessing:

Thank you, Thommy H. I think you’ve explained that far better than I have so far :smiley:

Gar Shadowfame:

Since the staff have the ability to control, down to the minutest detail, what appears here, they really have no legal grounds to say "we weren't responsible for posting that!".
Aint true, every web portal says they take no responsibility for content of the page.

Even thou one has technical ability to delete data.
One can denounce responsibility, and it is legal.
Why do you think veoh, megaupload etc work?

Hashut’s Blessing:

Gar Shadowfame: simply SAYING you don;t hold yourself responsible, doesn;t make you LEGALLY not responsible. If your murder someone and claim insanity, they still arrest you (they give you help for whatever disorder they think you have though) because they still say it’s your responsibility.

I’m not sure why you asked for clarification and have decided to argue against the clarifications of multiple members, including staff and Immortals…

We’ve given you your answer, unfortunately, it won’t change.

Grimstonefire:

Or put another way, if one of our members copied and pasted the text from a whole army book here, who do you think it is that GW legal would contact…?  Not the member in question (it would be Xander).

There are no other technical aspects of responsibility that are relevant.

It is the spell cards from WD presents you’re thinking of?  I’m sure I saw a website a while back that had them all loaded up (I don’t have the link though :()

Thommy H:

Why do you think veoh, megaupload etc work?
Because their servers are located in countries with more nebulous IP and copyright rules, or spread across the globe, or their sites are so huge that there isn't one webmaster to locate and accuse, or (in the case of those upload sites that tend to be used for porn) the offended parties rarely notice that the content has been illegally shared because the links are traded only on shadowy forums and tend to be cleverly hidden.

What they do is still illegal: they just don't get caught.

slev:

I’m familiar with your line of argument, which is based on moral logic not legal president.

Logically, they’re giving this stuff away fro free, so you can re-post it and you’re not causing them a loss and hence not disrupting the spirit of the IP law.

Legally though, it’s free FROM THEIR SITE ONLY and they still retain rights and control of the content.

his is much like a shop saying "Free with purchase of

Gar Shadowfame:

slev

by giving out something for free, even from their website, GW forfeits copyright, and that can be read in their own license.

Now, people do tend, as you seem to have, that morality and legality are the same
my thoughts are contrary…

Servius:

Actually, It depends on the country in which the Copyright is held… In the US and Also In some European Countries, If I provide something for Free… It will lose copyright protection. The same goes for Trade Secrets, (I was recently on a Jury in a court case involving copyrights, trademarks and Trade Secrets, and over 200 Million USD was at stake in the trial. So believe me when I say that I do know a little of what Im talking about here… As It was explained to us VERY clearly) Basically, By releasing the data or image for free they lose their protections and exclusive entitlements to it. Because by providing it for free they are saying that the product has no monetary value. That Said. Other countries are totally different as well as international Copyright laws. They state that you actually can NEVER lose a copyright unless you purposly release the right to your entitlements in written form. GW tends to default to International Copyright Laws.

When it comes to art… Usually GW doesn’t actually own rights to it. but rather leases it from the original artist. They are usually protecting the artists rights to the art as well as their being as they commissioned the art.

That said there are ways around much of copyright.

As far as rules and such in accords to warhammer… So long as the information given by a person is not to such specifics for a third party to NOT require a purchase of the original publication. All is fine… so for example: Saying that Ratmen Slaves can take x, y, z, and r upgrades. would be perfectly acceptable… and even the points… but if you put the entry, stat line, points, options, special rules, etc… you are in violation of a owners entitlement to I.P.

As far as art/concepts… its a very slippery slope. There are a few things you can do to basically use what ever art/concept you wish.

The main ones are, Uses to display the original for educational or historical purposes & use as humour (Spoofing, etc)

Usually you have to meet one or more of many minor requirements… the main one is reproduced original is not in a size or quality sufficient for printing…

What It all comes down to in the end… is sure there are alot of Laws involving the legal usage of IP… and for all purposes a site could be respecting every one of them… but if the owner of the IP comes a knocking and asks you to take it down and try to assure it doesnt happen again, normally you take the request and do it. Out of respect. If you dont… you risk your chances going to court and relying on a Judge to interpert the laws the same way you do.

As far as the point of saying the Administration / Owners are not responsible for content… your greatly incorrect… A Disclaimer is simply that… A small amount of information stating things that are not claimed but owners or Administration. They are not considered legal documents or contracts. No one has to agree to your disclaimer. Now… if you make a EULA saying you are not responsible they you are correct… as these are deemed by most countries to be considered legal contracts. But those are very clear and you MUST accept to them before continuing to a point where you could post said information…

mattbird:

When it comes to art.. Usually GW doesn't actually own rights to it. but rather leases it from the original artist. They are usually protecting the artists rights to the art as well as their being as they commissioned the art.

Servius
I don't believe this part is true. It depends on the specific contract signed for the individual pieces of artwork. Some artwork they likely own outright if done under a work for hire agreement, some just for use in specific publications, or a specified period of time, etc...

Hashut’s Blessing:

Well, the long and short of it seems to be: it’s safer to avoid the hassle of being asked to remove stuff. We already were asked once and it required a LOT of time and effort to make it acceptable to them.