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Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

So small artists should have different exclusive rights on copyrights than large companies? That makes zero sense.

I've stated the reasons for Russian and Chinese recasters getting by as they do, most of which has to do with their own countries policies concerning copyrights.

And lastly, the rules about posting recasts or detailing how to do them is not mine. That is a rule from the owners of Dakka. It is their site, to run as they see fit. This is not public space. It is privately owned and governed. I've stated many times here that I recast. Some of it is my own work, some of it isn't. However, I do respect the rules of this forum, in that I don't show pictures of my recasts, nor do I tell people how to make them.

As to people saying it's legal, that is directed at Derr, who insists that recasting is legal if you don't sell the casts, which is very much wrong.

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in gb
Secretive Dark Angels Veteran



UK - Warwickshire

Unfortunatly this here is the internet.
As illegal as it may be to be producing copies, it becomes quite arguable and questionable when you attempt to prove an identity in real life actually matches with one on the internet.
I can quite easily appear to come from any mac or ip address in any country, and use any name I choose to type to register to a website. So good luck actually finding someone to sue for what is posted on an internet forum that isnt actively blocking anonymous users from being there (not entirely sure how this could be done anyhow).

'Ain't nothing crazy about me but my brain. Right brain? Riight! No not you right brain! Right left brain? Right!... Okay then lets do this!! 
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

I don't care one bit about the real life ID of people who recast. What I do care for is Dakka, and when such content is posted, it puts the site owners at risk of being sued, which of course would mean the end of the site.

The site owners have said to not post such content. To do so invites trouble from several directions.

I'm sure somewhere out there is a forum for people who want to recast to their hearts content, this is not that forum.

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in gb
Secretive Dark Angels Veteran



UK - Warwickshire

I guess Dakka already put in their t&c's about not puting up images of recasts. So there will be zero headache from GW lawyers.. a simple banning of the offenders account and removal of the offending imagery/information is the best GW could hope to achieve. There is no monetary damages to be awarded from Dakka, and Dakka have no responsibility to do anything more. They might get asked to provide information on a user who breaks this rule... but any information given isnt proof of anything (as I was saying in the previous post) so its useless in a court of law.
All that can and will be done is to remove the offending content and to block/ban the user (but as I said any blocks or bans dont stop you because this is the internet)

To get you pants in a twist over this non-existant hassle Dakka may get from GW over this issue is laughable. Leave it for GW to request Dakka remove it. I don't believe for a second that GW can reasonably expect Dakka moderators to scour the forum for things that might annoy GW and only GW so they would have to raise the issue personally.

'Ain't nothing crazy about me but my brain. Right brain? Riight! No not you right brain! Right left brain? Right!... Okay then lets do this!! 
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

The more important point is that Dakka has said NOT to post such content. Regardless of the reason, they have every right to police their site as they see fit.

So back to what I was saying:

No posting pics of recasts
No posting tips on how to recast.

And if you know anything of GW's recent legal forays, a motion against Dakka for something like that isn't too far fetched.

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in gb
Secretive Dark Angels Veteran



UK - Warwickshire

I'm pretty sure there is no lawsuit against Dakka to be had;
Dakka T&C's do not allow it, so they can't be accused of condoning it.
Dakka is a freely offered service, so there is no money to pay this policeman moderator you speak of.
GW cannot enforce Dakka to do anything more than remove and block/ban offending users.
It is unreasonable to blame the owner of Dakka for what anyone else contributed to the site, its a freely accessible service that allows anyone in. All that could be expected is that they remove it ...end of story.

You see its because of the T&C on dakka saying its not allowed that gets them out of being sued. It would be fruitless to sue someone who is agreeing with you afterall.

I only thought I would throw this out there because you seemed to have been taking it upon yourself to police Dakka -try reporting it to someone who can actually do something about it, unless you are a Dakka moderator then you do not need to. And if you are a moderator, rather than keep saying you cant do that.. actually stop it if its a problem.

'Ain't nothing crazy about me but my brain. Right brain? Riight! No not you right brain! Right left brain? Right!... Okay then lets do this!! 
   
Made in us
Regular Dakkanaut





 Aerethan wrote:


And the fact remains that by making a copy, you are necessitating a sale, which is monetary gain on GW's part.


Fixed that for you.

Where, exactly, do you think a mold for a recast of any kind comes from?

Trust me, I've got a few GW receipts.

"D-err, like Pierre"
MajorTom11 wrote:Derr, we are trying to figure out what to do about this, as you have done something clever and artistic and also impossible with out of the box GW

 
   
Made in au
[MOD]
Making Stuff






Under the couch

Derr wrote:
Where, exactly, do you think a mold for a recast of any kind comes from?

Once you have that mould, though, any casts you make are copies that you are not buying from GW.


At the end of the day, casting someone else's stuff without permission even just for personal use is of questionable legality in some countries, and outright illegal in others. As such, and given GW's general combative approach to perceived threats to their Intellectual Property rights, Dakka chooses to take the safer approach of just not allowing threads dealing with such things.

This message was edited 1 time. Last update was at 2012/08/26 22:56:52


 
   
 
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