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FlyingArrow
Posted: Tuesday, August 31, 2010 5:52:45 AM
Rank: Moderator
Groups: Member , Moderator

Joined: 5/26/2009
Posts: 8,428
jedispyder wrote:
I think the only reason Shinja was available to help out with the removal of the V-Set is because the proverbial * had hit the fan and many people had to let him know. At that point he had no choice but to help out. If Dean said before he tried to contact him and couldn't, I believe him. Others may not, but the one thing Dean isn't is a liar.


I'll concur that shinja is hard to get hold of in general. I don't remember what I asked but I did ask him a question at one point and it was ignored.

But if you think this is the proverbial fecal fan, it would be far worse if LFL asked for something to be taken down and BlooMilk even thought about ignoring it. What with the potential of a lawsuit and the end of BlooMilk hanging in the balance.

Incidentally, what exactly did LFL object to regarding the SWCCG PC?
cwh008
Posted: Tuesday, August 31, 2010 6:41:39 AM
Rank: Basilisk War Droid
Groups: Member

Joined: 7/27/2010
Posts: 50
SuperYodaMan wrote:
What I just don't understand is why people are concerned about money, the cards being sold, etc. From what I can gather, the V-Sets are solely intellectual property available to the public for free and are not intended to generate any revenue. Since the V-Sets are not being sold (and I don't think are intended to be sold) and are public material, there shouldn't be any problem whatsoever with copyright infringements or anything else like that. Now, if the V-Sets were to become exclusive to SWMGamers.com (or are they, since they have been removed from BlooMilk?), then I can see how a potential problem could arise; the sets are exclusive to one website, so some of the traffic generated by that website is only coming to the site for the V-Sets and, since traffic generates revenue because of the ads on the site, then it can be argued (in a very indirect way that really doesn't even seem valid) that the V-Sets themselves were generating revenue. In this instance, any revenue generated would still only be a byproduct of the V-Sets, not from selling or distributing the V-Sets themselves (which would still be intellectual property that is free to the public), so I still don't see how there are any legal issues here.

Someone please enlighten me if I'm wrong.
There is a case precedent, and I'd have to look it up (but since I'm not practicing I don't have westlaw right now) but it was a porn site that had taken some pics from a pay site, modified them a bit, and then put them on their "free" site. That "free" site was generating revenue from the ads plastered all over the web browser, but no fee was charged to the user. Those ads generated revenue for the company and the court ruled that was enough to violate the copyright held by the other company. (along with satisfying the three other prongs of the infringement test)

In this situation, SW Minis is taking some cards from a licensed company, modifying them a bit, and then putting them on their "free" site. That "Free" site is generating revenue from the ads plastered atop the pages, but no fee nor registration is required to be paid by the user. Those ads generate revenue for SWGamers and, in my humble opinion, would be enough to violate the copyright laws. Of course, if they are available EVERYWHERE, there'd be a much better argument that SWGamers isn't profiting off those cards as they are not the only site that has them.
Sithborg
Posted: Tuesday, August 31, 2010 6:51:02 AM
Rank: Moderator
Groups: Member , Moderator, Rules Guy

Joined: 8/24/2008
Posts: 5,201
FlyingArrow wrote:
jedispyder wrote:
I think the only reason Shinja was available to help out with the removal of the V-Set is because the proverbial * had hit the fan and many people had to let him know. At that point he had no choice but to help out. If Dean said before he tried to contact him and couldn't, I believe him. Others may not, but the one thing Dean isn't is a liar.


I'll concur that shinja is hard to get hold of in general. I don't remember what I asked but I did ask him a question at one point and it was ignored.

But if you think this is the proverbial fecal fan, it would be far worse if LFL asked for something to be taken down and BlooMilk even thought about ignoring it. What with the potential of a lawsuit and the end of BlooMilk hanging in the balance.

Incidentally, what exactly did LFL object to regarding the SWCCG PC?


I think it was manipulating images to make new combo cards, though that might've just as easily been Decipher, since they have rights to the SWCCG card images as well. The naming of new cards I think might've been from LFL, though.

Meh, this site has more copyright violations than gamers at the moment. The SWCCG has an actual store. A bit more direct in revenues than ads. They haven't been shut down yet. The key is not to violate the copyright, because then we could do nothing, but to do it in a way that keeps LFL happy.
dnemiller
Posted: Tuesday, August 31, 2010 7:21:20 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 4/2/2008
Posts: 538
Location: GC, Missouri
Echo24 wrote:
SuperYodaMan wrote:
What I just don't understand is why people are concerned about money, the cards being sold, etc. From what I can gather, the V-Sets are solely intellectual property available to the public for free and are not intended to generate any revenue. Since the V-Sets are not being sold (and I don't think are intended to be sold) and are public material, there shouldn't be any problem whatsoever with copyright infringements or anything else like that. Now, if the V-Sets were to become exclusive to SWMGamers.com (or are they, since they have been removed from BlooMilk?), then I can see how a potential problem could arise; the sets are exclusive to one website, so some of the traffic generated by that website is only coming to the site for the V-Sets and, since traffic generates revenue because of the ads on the site, then it can be argued (in a very indirect way that really doesn't even seem valid) that the V-Sets themselves were generating revenue. In this instance, any revenue generated would still only be a byproduct of the V-Sets, not from selling or distributing the V-Sets themselves (which would still be intellectual property that is free to the public), so I still don't see how there are any legal issues here.

Someone please enlighten me if I'm wrong.


That's not really how it works. Images, characters, artwork, pretty much EVERYTHING from the Star Wars universe are the property of LFL. Technically the squad builder on this website is copyright infringement. Every single fan-based Star Wars page using Star Wars logos without permission from LFL are committing copyright infringement, regardless of whether or not anyone is making any money off of it.

Now, LFL generally doesn't care about all that. They have bigger fish to fry so to speak than worrying about every website on the internet that uses their IP. But it's always a potential problem. As Lobostele has said, the 501st get away with it because of their charity work, and because LFL hasn't really had a reason yet to shut them down. But they very easily could be shut down. Shinja could get a cease and desist from LFL tomorrow telling him to remove all infringing material from Bloomilk.

The same thing goes for the v-sets. As long as the Rebel logo is on the Rebel cards, they are infringing on LFL's copyright. Now, LFL probably won't care; as I said, they pretty much never do. If they did care they probably would have done something by now. There is also pretty good precedent with the SWTCG v-sets (which LFL is very aware of and actually communicates with, and has no problem with).

However, LFL does tend to keep an eye on exactly how their IP is being used. They usually just don't mind how it's being used. That doesn't mean they don't care. For example, there are certain things that the SWTCG Players Committee has wanted to do that has been vetoed by LFL. If they had tried to do it anyway, they would probably have gotten that cease and desist, and then gotten sued into oblivion if they ignored that.

And that brings us to Dean's wary attitude towards sharing things with Bloomilk. It's possible for someone here to do something stupid with the v-sets that gets LFL's attention (like the SWTCG PC). Dean doesn't trust that Bloomlk will appropriately respond to a reaction like that from LFL. Lets say they create a v-set card that LFL doesn't like for some reason, and it got previewed on Bloomilk. LFL tells Dean that it has to be taken down. Dean tries to get Bloomilk to remove it, but they don't (this is far from unlikely, the Bloomilk higher-ups (especially Shinja) have been very hard from Dean to get a hold of). LFL notices that it's still up, and they now shut down the entire v-set operation.

That is why the v-set is only being shared with people and places that can be very fully trusted. It's NOT public IP, it's LFL's IP, and that HAS to be respected. Bloomilk as a whole has been less than respectful a number of times, so why should they be expected to be respectful when a problem DOES arise?


Finally someone gets it......

You are right we have already infringed upon the copyright. So when it comes to the v-set if I cannot have someone that is accountable and reachable on this site then I would prefer to stay away.

The set is not Gamers exclusive. I have let both the Holocron and d20 Forums put up the previews (whether they do it or not is up to them). Both of those sites have someone I can be guaranteed communication with if the preverbial poop hits the fan. This site not so much.

A year ago I asked that Sithborg be made a supermoderator if Shinja's real life was getting in the way of him being accessible. He did nothing. I understand if his real life is busy (so is mine). That being said on Gamers you can contact Lobo, Ruhk, Engineer, Dvader831, Boba52, Boris, Billiv15... all of these people can handle major issues as they have the power to. here all you get is deferred to Shinja.... then he is not availible or just chooses to ignore (whichever doesnt matter).

I dont need a direct phone line to the CEO or PResident of the US.... But I dont need a phone to a responsible party if I am going to have a semi-business relationship with them. So thanks Echo for being able to see the dangers of playing in LFL's playground.
bigphesta
Posted: Tuesday, August 31, 2010 7:27:23 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 8/15/2010
Posts: 131
that makes sense to me
Disturbed1
Posted: Tuesday, August 31, 2010 7:27:38 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 2/27/2009
Posts: 205
Location: Southern Illinois
So, then the answer to my question about why take the risk of selling the for cost cards is that there isnt really a difference, as you are already breaking infringement laws anyway?
Sithborg
Posted: Tuesday, August 31, 2010 7:33:42 AM
Rank: Moderator
Groups: Member , Moderator, Rules Guy

Joined: 8/24/2008
Posts: 5,201
To be fair, if LFL guns for Gamers, they would be gunning for Bloomilk as well. It is a more valid concern than what I thought when I first saw the request.

I will also say that I think the super moderator thing has a bit of a technological issue. I'm not sure what the admin tools look like, but I do know that the forums and site are not phpbb.
NickName
Posted: Tuesday, August 31, 2010 7:36:39 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 6/5/2009
Posts: 190
FlyingArrow wrote:


NickName, does this accurately summarize what you're saying:

Legally speaking, the Vsets are fan content that we all assume LFL will ignore based on either their history of ignoring fan content, or possibly a verbal agreement from a rep at LFL. Because the Vsets are fan content without a valid copyright, there is no legal reason why BlooMilk couldn't put the Vsets up - assuming LFL continues to ignore them. BlooMilk refrains from doing so just to honor another's wishes. Putting the Vsets on BlooMilk would not change the status of the Vsets - they would still be fan content that LFL would ignore.

Did I misunderstand you?


That's basically correct.
dnemiller
Posted: Tuesday, August 31, 2010 7:38:49 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 4/2/2008
Posts: 538
Location: GC, Missouri
Sithborg wrote:
To be fair, if LFL guns for Gamers, they would be gunning for Bloomilk as well. It is a more valid concern than what I thought when I first saw the request.

I will also say that I think the super moderator thing has a bit of a technological issue. I'm not sure what the admin tools look like, but I do know that the forums and site are not phpbb.


But as I told Shinja when I asked him to make you a supermoderator (that is just a title).... he can give you admin privledges.

Anyone with a yellow or red name at gamers has the same power I do. These guys are the best. I trust them with everything. In like 3 years I have only one problem with that trust. I certainly think you have earned it on this site. it would go a long way in my thoughts on being able to deal with this site.

i know we have butted heads Scott and probably will again but I know that you would do nothing ever to damage this game..... in you I have complete trust.
NickName
Posted: Tuesday, August 31, 2010 7:49:11 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 6/5/2009
Posts: 190
Sithborg wrote:
To be fair, if LFL guns for Gamers, they would be gunning for Bloomilk as well. It is a more valid concern than what I thought when I first saw the request.

I will also say that I think the super moderator thing has a bit of a technological issue. I'm not sure what the admin tools look like, but I do know that the forums and site are not phpbb.


Gamers would actually only be responsible for what appears on Gamers. Dean wouldn't be liable for getting Shinja to remove anything. Shinja would ultimately be responsible and would get his own Cease and Desist independent of Gamers if LFL noticed it and decided to act. It would even be possible, given the more accessible nature of Bloo that it could get a Cease & Desist for the V-Set content while Gamers less open navigation means it never gets one. (Just possible from a theoretical standpoint for example purposes, not necessarily likely.)

(Picked your post as the more recent post on the topic, not because I think you don't know or disagree with this bit of info.)
juice man
Posted: Tuesday, August 31, 2010 8:30:49 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 1/5/2009
Posts: 2,240
Location: Akron Ohio, just south of dantooine.
Ahha! Some of the murk begins to clear.
ParkPlayerJD
Posted: Tuesday, August 31, 2010 9:54:44 AM
Rank: Wookiee Hunter AT-ST
Groups: Member

Joined: 7/29/2008
Posts: 57
Location: Richmond, VA
Yes, it's all starting to make sense. It was like everybody was talking in code when the topic first started.
Eroschilles
Posted: Tuesday, August 31, 2010 11:04:46 AM
Rank: Moderator
Groups: Member , Moderator

Joined: 8/24/2008
Posts: 812
Location: Parkville, MD
NickName wrote:
Sithborg wrote:
To be fair, if LFL guns for Gamers, they would be gunning for Bloomilk as well. It is a more valid concern than what I thought when I first saw the request.

I will also say that I think the super moderator thing has a bit of a technological issue. I'm not sure what the admin tools look like, but I do know that the forums and site are not phpbb.


Gamers would actually only be responsible for what appears on Gamers. Dean wouldn't be liable for getting Shinja to remove anything. Shinja would ultimately be responsible and would get his own Cease and Desist independent of Gamers if LFL noticed it and decided to act. It would even be possible, given the more accessible nature of Bloo that it could get a Cease & Desist for the V-Set content while Gamers less open navigation means it never gets one. (Just possible from a theoretical standpoint for example purposes, not necessarily likely.)

(Picked your post as the more recent post on the topic, not because I think you don't know or disagree with this bit of info.)


I think the primary concern LFL would have with any content on either site would be if the site was gaining any revenue, whether that be from ads, printing of cards, or through donations. But the revenue gained through those means would have to at least be equal to the cost of litigation for LFL to pursue a Cease and Desist order.

There is not a major violation of copyrights if IP is reproduced for zero gain in most situations. This should include creating custom stats, as long as the customs are not sold. As the v-set is essentially a really well organized custom set that others are agreeing to play with, there shouldn't be much of a problem.

Having one site not post substantial information on the v-set does not reduce the liabilty held by the creators of the v-set in the slightest. Violation of IPRs is occuring either way. Posting the stats on more sites does draw more attention to the v-set, but that is the point since the aim is to have more people continuing to play the game. One site cannot be held liable for the actions of another site as NickName stated above. So, having information on more sites can only help the v-set, not hurt it.

But then again, I am not an IPR lawyer and am not an expert in this area of law...
ChuckaFett
Posted: Tuesday, August 31, 2010 11:19:19 AM
Rank: Advanced Bloo Milk Member
Groups: Member , Trade Moderator

Joined: 3/28/2008
Posts: 498
Location: Lynden, WA
Eroschilles wrote:
But the revenue gained through those means would have to at least be equal to the cost of litigation for LFL to pursue a Cease and Desist order.


How much does something like this cost to file? I'm just curious because if I remember correctly Jedicartographer and others received a Cease and Desist order from LFL for their Star Wars Maps, and that seemed like pretty small beans dollar wise. I guess my point is that it seems random what LFL will go after and what they won't.
bigphesta
Posted: Tuesday, August 31, 2010 11:23:01 AM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 8/15/2010
Posts: 131
ChuckaFett wrote:
Eroschilles wrote:
But the revenue gained through those means would have to at least be equal to the cost of litigation for LFL to pursue a Cease and Desist order.


How much does something like this cost to file? I'm just curious because if I remember correctly Jedicartographer and others received a Cease and Desist order from LFL for their Star Wars Maps, and that seemed like pretty small beans dollar wise. I guess my point is that it seems random what LFL will go after and what they won't.
Most jurisdictions have a $50 - $200 filing fee, and in MOST, if you are successful in the claim, part of the damages will be pay all fees and attorney fees, so they'd recoup both, and be out nothing.
ParkPlayerJD
Posted: Tuesday, August 31, 2010 12:03:13 PM
Rank: Wookiee Hunter AT-ST
Groups: Member

Joined: 7/29/2008
Posts: 57
Location: Richmond, VA
ChuckaFett wrote:
Eroschilles wrote:
But the revenue gained through those means would have to at least be equal to the cost of litigation for LFL to pursue a Cease and Desist order.


How much does something like this cost to file? I'm just curious because if I remember correctly Jedicartographer and others received a Cease and Desist order from LFL for their Star Wars Maps, and that seemed like pretty small beans dollar wise. I guess my point is that it seems random what LFL will go after and what they won't.


I had no idea Jedicartographer was served, can you elaborate? I've always enjoyed his map packs and I didn't think he made enough money to alert LFL.
trappedslider
Posted: Tuesday, August 31, 2010 12:14:47 PM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 12/4/2008
Posts: 371
Location: Roswell,new mexico
sometimes if the ip in quesation is close enough they will hunt you down with the jedi legal corps..lucas sues to stop "jedi mind trick" wireless headset
qvos
Posted: Tuesday, August 31, 2010 1:24:09 PM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 2/26/2009
Posts: 1,382
Location: Detroit, Mi
trappedslider wrote:
sometimes if the ip in quesation is close enough they will hunt you down with the jedi legal corps..lucas sues to stop "jedi mind trick" wireless headset

Thats a lot different then Jedi Cartographer's maps. Just looking at the scale alone. These guy's product had the name Jedi Mind trick which is a wireless head set. THe room for profit on that is surely greater then the map packs. If LFL did that, and I'm sure they did, then what do they think of all the Fan Made Star Wars Items, Podcasts, and Websites.

Eroschilles
Posted: Tuesday, August 31, 2010 1:39:48 PM
Rank: Moderator
Groups: Member , Moderator

Joined: 8/24/2008
Posts: 812
Location: Parkville, MD
bigphesta wrote:
ChuckaFett wrote:
Eroschilles wrote:
But the revenue gained through those means would have to at least be equal to the cost of litigation for LFL to pursue a Cease and Desist order.


How much does something like this cost to file? I'm just curious because if I remember correctly Jedicartographer and others received a Cease and Desist order from LFL for their Star Wars Maps, and that seemed like pretty small beans dollar wise. I guess my point is that it seems random what LFL will go after and what they won't.
Most jurisdictions have a $50 - $200 filing fee, and in MOST, if you are successful in the claim, part of the damages will be pay all fees and attorney fees, so they'd recoup both, and be out nothing.


They recoup only if they file suit usually, the Cease and Desist is just an injunction that legally prevents them continuing whatever action the order was meant to cease. Filling fees are one thing, but paying the lawyer or legal aid to prepare and do the filing also costs a firm money. For a company, the cost is relatively small, but it still takes some effort that the infraction against them has to be worth the time and money. So, a firm like LFL will look the other way on fairly small scale stuff unless it starts making notable revenue or profit.

I'm not familar with Jedicartographer's case, but the Cease and Desist probably came because the maps were selling relatively well and his main selling point was for the exclusive use for the SWM brand.
countrydude82487
Posted: Tuesday, August 31, 2010 2:54:23 PM
Rank: Advanced Bloo Milk Member
Groups: Member

Joined: 12/26/2008
Posts: 1,233
i personally would be all for sithborg being a "super mod". Please dont take this the wrong way but, as i myself have tried several times with different reasons each time to get a hold of shinja and so has my wife , to no avail, i think there could be more help on this site due to this fact. Now with that said i do understand that shinja cannot always be on the site as he has a family and job of his own, and like was said before it is not reasonable for him to post his phone number as it would lead to some very bad things i think.
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