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Sean_OBrien wrote: Interesting addition, though I would disagree with his conclusion of GW having standing...especially in the US, because of the journalistic nature and public interest issues related to the infringing material.
If the information regarding Faeit is correct it may be an issue with Google's Blogger demerit system for why it was taken down.
That doesn't actually change the specific underlying issues of GWs heavy handed and out of line use of the DMCA. Unfortunately, it would mean that one of the recipients would have to actually challenge the claims.
Here is the thing though. As a civil lawsuit, it would make no sense for someone like Faeit to challenge GW in court. He doesn't make money of his blog and would have to find pro-bono representation. Somebody like the EFF might be willing to do so, but the out of pocket legal expenses such as filing fees would still make it very expensive for no gain (except to get his blog back up).
While I agree in principle, their is actually a fairly substantial sized group of lawyers who are looking to get involved in a case just like this...and will do so on a pro bono basis. There is basis for filing a countersuit and winning large sums of money for false claims (See OPG v. Diebold). Not to mention lawyers who want to fight this particular fight, or those who are simply interested in checking a box for pro bono hours.
+1. Indeed. This has put-your-foot-in-it written all over it. It will be very, very interesting to see how this situation develops over the coming weeks, especially considering the CHS lawsuit and the change in GW trade terms. GW is basically asking to be sued, and as Sean said, there are plenty of lawyers out there for whom such a case would be attractive.
Kirasu: Have we fallen so far that we are excited that GW is giving us the opportunity to spend 58$ for JUST the rules? Surprised it's not "Dataslate: Assault Phase"
AlexHolker: "The power loader is a forklift. The public doesn't complain about a forklift not having frontal armour protecting the crew compartment because the only enemy it is designed to face is the OHSA violation."
AlexHolker: "Allow me to put it this way: Paramount is Skynet, reboots are termination attempts, and your childhood is John Connor."
GW is evil/greedy/stupid/mean/crazy/insert other complaint....
All of this hate and venom...on a FAN SITE!
I know that I’m in the minority here, but I just have to say this…people have been ripping off GW for years, and try in every way to do it every day…
No? How about all of the “bitz makers”? Don’t think that they should be punished for making Shoulder Pads that “GW doesn’t make”?
They are ILLEGALLY using someone else’s COPYWRITTEN material to make money. Guess what? THAT’S ILLEGAL.
How about putting COPYWRITTEN material up without the owner’s CONSENT? Guess what? THAT’S ILLEGAL.
All of you twits can whine and moan all you like, but the truth is GW is the biggest player out there, so everyone tries to take everything that they can out of them.
I know that some of their directions/policies don’t make sense to us…but guess what? YOU ARE NOT IN THE BOARD ROOM. YOU DON’T KNOW WHY THEY ARE DOING WHAT THEY DO.
You can guess. You can assume. You can use your sources/diploma/insider information/magic to try and understand what GW does, but unless you are IN THE BOARD ROOM when these policies are determined, all you are doing is shooting your mouth off about something that you know nothing about.
So, if you want to “spend your money” on something else, then go do it. PLEASE, GO SOMEWHERE ELSE. I, for one, am so SICK AND TIRED of reading nothing but “GW IS EVIL” posts on a FAN SITE. I might as well go get my daily fix of 40K stuff on PRIVATEER PRESS’ website, for all the hate and complaining I see here.
Just like GW stole ALOT of their ideas from James Cameron's Alien/Aliens/terminator? let's look, cadians = direct rip off of colonial marines. necron = direct rip of of terminator
"Those that Dare impersonate the dead are judged to join their ranks!"- Alucard
6970 points of Preheresy Night Lords 7681 points Preheresy thousand sons 8230 points Preheresy Iron Warriors 3230 points Preheresy Death Guard 4940 points preheresy Dark Angels 4888 points preheresy Iron Hands 2030 points preheresy Blood Angels 2280 points preheresy space wolfs 1065 points preheresy white scars 3210 points preheresy sons of Horus 1660 points Grey Knights 628 points Sister of Battle 2960 points adeptus mechanicus 18650 points Titanicus legio Nex Caput capitis 5566 points Imperial Guard 5875 points Preheresy Emperor's Children 3735 points Preheresy World Eaters 1710 points Preheresy Word Bearers 2090 points preheresy Imperial Fists 1570 points preheresy Alpha Legion 4600 points necrons 1420 points prehersy Raven Guard 960 points prehersy Salamanders 6334 points Tau Empire 20942 points tyranids 8722 points eldar 3125 points dark eldar 10745 points Bearers of the Light 1415 points Preheresy Luna Wolves 8508 points Chaos
I am more amazed, at this point, that people are actually trying to defend GW about this.
Their actions are illegal.
Full stop.
Reviews can occur before release.
In fact there is even a word for that: "preview."
Previews are not exclusively to the release.
Anyone that has a view before release can release information about that "preview" despite what GW claims.
Next up GW sues Hasbro for using d6 in their games like Monopoly.
"It is not the bullet with your name on it that should worry you, it's the one labeled "To whom it may concern. . ."
This message was edited 2 times. Last update was at 2013/04/30 15:53:36
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WarlordRob117 wrote: The question is: Do we let GW tank on itself and let them continue to damage "our" hobby? or do we start putting as much info out there for people to decide whether or not they want to continue to support a corrupt company... I almost hate to admit it, but GW has become a corrupt, money-mongering, self-absorbed sorry excuse of a product. It just burns me to no end that they are so infatuated with the idea that they are doing good for themselves that they are willing to go to legal-war with the world to say "We're the best!". I take pride in smacking anyone or anything down that gets out of line and I do wonder how many others fell the same way...
If you disagree with GW's business practices, stop buying from them. It's really that simple.
So long as you buy their products, they'll continue to do things like this.
I got that, but that wont stop the train. I like helping to promote change in something that is destroying the core of the game we love to play: "Have fun"... how can you have fun knowing that every model you buy supports a company whose goal seems to be premier control of the wargaming industry? Its not like I can say "Hay Dakka! we shouldnt buy from GW to send a statement"... 1) I'd get laughed at 2) people would still buy because they love the models. So what are we left with? what effective means, just short of calling Anonymous, do we have at our disposal as consumers to say "Hey Jackass, you're going about this the wrong way!"
I know with our collective brilliant minds something can be done...
"I ayn't so eezy ta kill... heheheh..."
BLOOD FOR THE BLOOD GOD!!!! SKULLS FOR THE SKULL THRONE!!!!
Turn your phone sideways!!! edit: Wow, he just made a dig at Dakka "I do NOT like to post there."
That was fairly weird, he just lost my support.
Noone steps on a church in my town.
He criticised Warseer too: one suspects its the nature of forums and the variety of opinions (both good and bad) that puts people off.
I'd imagine you get less criticism on a blog that people actively follow...
"It is the great irony of the Legiones Astartes: engineered to kill to achieve a victory of peace that they can then be no part of." - Roboute Guilliman
"As I recall, your face was tortured. Imagine that - the Master of the Wolves, his ferocity twisted into grief. And yet you still carried out your duty. You always did what was asked of you. So loyal. So tenacious. Truly you were the attack dog of the Emperor. You took no pleasure in what you did. I knew that then, and I know it now. But all things change, my brother. I'm not the same as I was, and you're... well, let us not mention where you are now." - Magnus the Red, to a statue of Leman Russ
Turn your phone sideways!!! edit: Wow, he just made a dig at Dakka "I do NOT like to post there."
That was fairly weird, he just lost my support.
Noone steps on a church in my town.
He criticised Warseer too: one suspects its the nature of forums and the variety of opinions (both good and bad) that puts people off.
I'd imagine you get less criticism on a blog that people actively follow...
And where you can delete/moderate the comments as you like.
Looking for great deals on miniatures or have a large pile you are looking to sell off? Checkout Mindtaker Miniatures.
Live in the Pacific NW? Check out http://ordofanaticus.com
CaptainLoken wrote: They are ILLEGALLY using someone else’s COPYWRITTEN material to make money. Guess what? THAT’S ILLEGAL.
How about putting COPYWRITTEN material up without the owner’s CONSENT? Guess what? THAT’S ILLEGAL.
Can you show what copyrights GW owns that you claim are being infringed upon?
They do own the copyrights to their publications. The nature of taking a picture, you instantly own the copyright to that image, And reproducing copyrighted publications without the owners consent is an issue. The issue has never been 'does GW own the copyrights of their own publications" but is what they are doing 'fair use' and not infringing upon the copyrights. People have made a case it is news reporting and not enough of the source material to be infringement... And then there is 21 pages of a copywrited publication which seems to skate near or over the line.
To claim GW doesn't have the copyrights to their publications or codexes is absurd.
My Models: Ork Army: Waaagh 'Az-ard - Chibi Dungeon RPG Models! - My Workblog! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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That protection, however, is not an impenetrable wall preventing use by others.
The people in the past who convinced themselves to do unspeakable things were no less human than you or I. They made their decisions; the only thing that prevents history from repeating itself is making different ones.
-- Adam Serwer
My blog
Shamsael wrote: This is the same thing Rancored Elf got in trouble with WotC over. Posting rumors is one thing. Photographing IP and putting it on your website before it's released to the public by the copyright holder is absurd.
But this cannot be because WotC is good an pure and if they bought GW everything would magically get better!
I'm not saying that I particularly like GW's business practices, but this is nothing out of ordinary. Other companies do similar stuff too, people just don't realise that because they're not obsessing over every action of those other companies.
Who cares? And if you care, why do you still support GW?
2012- stopped caring
Nova Open 2011- Orks 8th Seed---(I see a trend)
Adepticon 2011- Mike H. Orks 8th Seed (This was the WTF list of the Final 16) Adepticon 2011- Combat Patrol Best General
I DON'T directly support GW (indirectly at best, through FFG's games).
The people in the past who convinced themselves to do unspeakable things were no less human than you or I. They made their decisions; the only thing that prevents history from repeating itself is making different ones.
-- Adam Serwer
My blog
Rorschach9 wrote:GW has no choice but to defend their IP and copyright. If they don't, they lose the ability to defend it in the future. It doesn't matter if it's a small infringement or large, they have the legal obligation to defend it.
GW has to defend their IP, otherwise everyone would use Roman numbers, arrows, skulls, fur, halberds, Moorcock's Chaos Star, Judge Dreads shoulder pads, Heinlein's Space Marines, Tolkien's Elves and Dwarfs, ...
GW has to defend their IP, otherwise everyone would make free advertising for GW products
TheAuldGrump wrote: GW Board of Directors Found Murdered.
GW Stock Leaps 75% on NYSE....
The Auld Grump
Dakka finally arrived at the final station of the Hate-Train: Murder City.
Congratulations on wishing the deaths of complete strangers - a classy move indeed.
Read that again: It is not wishing death to anyone, it is just pointing at the obvious fact that without the current management GW sales would rise by 50+% within a year.
TyraelVladinhurst wrote: Just like GW stole ALOT of their ideas from James Cameron's Alien/Aliens/terminator? let's look, cadians = direct rip off of colonial marines. necron = direct rip of of terminator
Your notion of "direct rip off" is so misguided that I have to question your bona fides in this kind of debate. This might come as a shock to you, but James Cameron or anyone else does not in fact own any kind of copyright to "metal skeleton".
WarlordRob117 wrote: I know with our collective brilliant minds something can be done...
It makes little sense to assume this. Some things, you just can't fix. Some things are impossible.
This message was edited 1 time. Last update was at 2013/04/30 16:30:50
I'm not really all that concerned about all the legal arguments here, but I do know that continued actions like this makes me want to buy GW stuff less and less. I love 40k, don't have much time to get games in lately, but I still love to paint, model, and build armies. But lately I've been going more and more to other model makers for my minis. Why? My motivation to buy GW stuff is just vanishing, its not that I'm actively boycotting or anything, there's just not as much reason to buy GW as there used to be. They got rid of 'Ard Boyz (and other official GW tournies) so now I don't 'have' to buy all GW to go to tournies. White Dwarf is just a bunch of advertisements. The prices of the minis are nuts. But most of all, other mini companies just make 40k compatible models that I just like better, and those other companies seem to actually want me to keep coming back for more.
I guess all I'm getting at is this stuff just makes GW seem hostile, whether they are or not depends on your point of view. Overall its just a bad PR move. They probably have to ask themselves what is more important, good PR, or whatever hypothetical damage these fan sites much have been doing.
Sometimes, you just gotta take something cause the model is freakin cool...
CaptainLoken wrote: They are ILLEGALLY using someone else’s COPYWRITTEN material to make money. Guess what? THAT’S ILLEGAL.
How about putting COPYWRITTEN material up without the owner’s CONSENT? Guess what? THAT’S ILLEGAL.
Can you show what copyrights GW owns that you claim are being infringed upon?
They do own the copyrights to their publications. The nature of taking a picture, you instantly own the copyright to that image, And reproducing copyrighted publications without the owners consent is an issue. The issue has never been 'does GW own the copyrights of their own publications" but is what they are doing 'fair use' and not infringing upon the copyrights. People have made a case it is news reporting and not enough of the source material to be infringement... And then there is 21 pages of a copywrited publication which seems to skate near or over the line.
To claim GW doesn't have the copyrights to their publications or codexes is absurd.
As an attorney with some experience in copyright and the DMCA, this analysis is spot on. For a good example of fair use and the DMCA, this case is instructive: http://en.wikipedia.org/wiki/Lenz_v._Universal_Music_Corp. It also might give some perspective on how outlandish GW's conduct is. I suggest watching the video in question. if you can make out the copyright protected song clearly you have a better ear than I do.
Even as I regret the loss of my favorite rumor site, it strains credulity to imagine Faeit was operating entirely within the law. This is not the first time a rumor site has been targeted by a game company, nor the first time that GW specifically has stepped in to remove images of their products and publications.
While there is an element of David and Goliath going on here, as there was when mtgnews was taken down by wizards and when GW forbid 3rd party seller sites from using images of their products, nobody has proffered a sound legal argument as to how GW is themselves violating the law.
You might not like it. You might hate it. But the information about their products is their's to control as the see fot within the bounds of the law. as a lawyer, I simply haven't observed GW doing anything illegal. They have the right to control images they've created until release at least.
On the other hand, I do miss Faeit already.
"The goal is to win, but it is the goal that is important--not the winning" --Dr. Knizia
5000pts Tau "Crash Cadre"
I'm always looking for new friends around Baltimore!
6970 points of Preheresy Night Lords
7681 points Preheresy thousand sons
8230 points Preheresy Iron Warriors 
3230 points Preheresy Death Guard 
4940 points preheresy Dark Angels 
4888 points preheresy Iron Hands 
2030 points preheresy Blood Angels 
2280 points preheresy space wolfs 
1660 points Grey Knights 
628 points Sister of Battle 
2960 points adeptus mechanicus 
5566 points Imperial Guard 
5875 points Preheresy Emperor's Children 
2090 points preheresy Imperial Fists 
1570 points preheresy Alpha Legion 
4600 points necrons 
960 points prehersy Salamanders 
6334 points Tau Empire 
20942 points tyranids 
8722 points eldar 
3125 points dark eldar 
8508 points Chaos
"I ayn't so eezy ta kill... heheheh..." 
BLOOD FOR THE BLOOD GOD!!!! 
