Monday, April 29, 2013

BoLS and Faeit212 down - Faeit212 out!



Bell of Lost Souls and Faet212 have both gone down.  The question is why.  

First, this blog, as well as Faeit212, both got Digital Millennium Copyright (DMCA) Act notices served to Google, the host of Blogger, the blogging software we both use.  You can see Faet212's DMCA notice here and the Apocalypse40K one, which was filed last week, here.  

Now that was the second such notice I know of.  Interestingly, when I went to the offending URL the article was not up, but all that happened was the offending article was reverted to draft in my control panel.  I then deleted it because, though I find Games Workshop legal overbearing and meglomaniacal, if I step over the IP line, I am happy to comply.  And of course, the fact is I am an attorney by training (I don't practice) so I know when they have a case (here) and don't (Chapterhouse mostly).

Faeit212's site has been removed

However, Faeit212 has gotten numerous DMCA notices and according to one source, got a "long form" notice where Games Workshop basically said he was a serial offender and his site needed to be taken down.  That is why Google did exactly that.  I have no confirmation of this, but I am checking.  But that is also why Faeit212 is listed as "Removed" whereas BoLS is simply "Not Available".

BoLS is simply not available
 

I spoke to Larry Vela, the owner of Bell of Lost Souls and he said that he doesn't have a DMCA notice and Google hasn't told him why his site is down.  He is working the problem, and needless to say, not happy.  And considering how good BoLS is for Games Workshop, you would think they would be nice to him.

You can still sign in to the BoLS Lounge where the discussion is on here.

Larry posted this on his forum:

Hi guys,
A formal heads up.
We are working with Blogger to figure out what's up with the frontpage.
The domain is fine, and the Lounge is (obviously) in fine shape.
We are still proceeding under the impresison that we are dealing with an internal Google IT issue.
We have received no takedown requests, or any emails from any parties regarding any IP related issues.
We are treating this outage as out top priority and working on it round the clock.
I can not speak to the outages of any 3rd party sites, or the timing involved with them.
Thanks and feel free to visit the Lounge even more in the hours ahead.

-Larry  





My notice from Google:

support@blogger.com
Apr 23 (6 days ago)


Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to \"draft\" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.
A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. In order to file a counter-claim, please see http://www.google.com/support/bin/request.py?contact_type=lr_counternotice&product=blogger.
The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org
. We do this in accordance with the Digital Millennium Copyright Act (DMCA). You can search for the DMCA notice associated with the removal of your content by going to the Chilling Effects search page at http://www.chillingeffects.org/search.cgi, and entering in the URL of the blog post that was removed.

If it is brought to our attention that you have republished the post without removing the content/link in question, then we will delete your post and count it as a violation on your account. Repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account including deleting your blog and/or terminating your account. DMCA notices concerning content on your blog may also result in action taken against any associated AdSense accounts. If you have legal questions about this notification, you should retain your own legal counsel.

Sincerely,

The Blogger Team

Affected URLs:

http://apocalypse40k.blogspot.com/2013/04/imperial-armour-12-rules-pictures.html





More info to follow as I try and get more info.  I am in phone contact with Larry and will add anything I can.  Thanks to my right hand Sam (Son of Dorn) for the heads-up.

Loken (Alec)


29 comments:

Argentius said...

I'm astonished more people aren't here commenting. I'm in the middle of law school, and I regularly read most of the 40k blogs. Needless to say, as I started finals today and couldn't find any of the blogs up I thought the sky was falling.

Thank you for putting my fears to rest. Google should have given the big middle finger to GW...yeah copyright infringement, fubar.

Anonymous said...

I think this has more to do with GW's IP regarding unreleased material, for example releasing photos of white dwarves with new models before the WD is out, or for example A40K's recent DCMA where recent Imperial Armor pages he had posted on the blog..

(Which was disappointing to see posted with such blatant disregard for legality.)

But to the point the reason why Bell of Lost Soul's front page was shut down and not anything else was probably due to the fact that the front page is a blog that has links directing to various sources including faet212.

Per the IP Agreement of what you can and cannot do it clearly explains that they ask you not to publish or link to other sites that publish.

BoLS was a Hub for all of those DCMA sites that got shut down, which is why it's simply not available at this time, while the others have been banned.

Here's the snippit from GW's Legal for your reading entertainment.

I'm no lawyer, but it seems pretty clear, then again, I'm no lawyer.

"Unreleased Material

While we know that it is always cool to see new material before it arrives on the shelves, we would ask you not to publish, or link to other sites that publish, any material that has not been officially reported or released by Games Workshop. This does not apply to small pieces of conjecture written in your "rumors" section (unless of course said "rumors" are akin to publishing unreleased material)."

Anonymous said...

Why is Games Workshop cannibalizing their fan sites? All this dose is drive up sales.

I have a feeling they are panicking from something that we may not be aware of, and that worries me what they will do next.

An Enemy said...

Hmm. Shit all over your fanbase on a consistent basis...or...stop releasing WDs weeks ahead of time in Germany. I just don't know which is a wiser choice for a niche luxury item retailer.

Shut down BOLS. Shut down Faeit212. Shut down Warseer.

Anything, but actually solving your problem.

Anonymous said...

Also let me clear one thing up because i was inappropriately blunt, I was disappointed because this blog has a history of actually operating like a blog, with writing, feeling, opinion, and not just "Leak" site where pictures are posted with nothing else.

I was not trying to be an ass, I apologize.

Anonymous said...

I could only hope that GW shut down the cesspool of moronic admins that make up Warseer. Totalitarian anal aholes.

Anonymous said...

So much shitstorms and nobody ever considers that "fair use" does not mean to copy various pages of rules out of a book and post them online even before the release of said book.

Anonymous said...

Is it possible for content on rumor sites to be hosted in places like China where they don't care about DCMA?

Max Golovanov said...

These claims contradict to the Universal Copyright Convention and the Berne Convention. Like the design of the claims that I also received from Google.

Birmingham 117th Regiment said...

As much as I am dismayed that these sites have been taken down, I don't believe it is 'shitting on their fan base' as a few comments on various posts about this have claimed.

1. Games workshop are a business and like to have the final say in all matters concerning their IP/products. So this is entirely unsurprising. Also considering the statement that faeit212 at least has had MULTIPLE warnings about this, it was inevitable.


2. Is it really the end of the world that you can't find out about the next shiny piece of plastic that they are going to release before GW Dain to reveal it? If you have such an issue why not contact tem directly(and encourage others to do the same) and tell them to go back to their old 'sneak peak' method.

Max Golovanov said...

The United States has ratified both conventions on copyright. I see a few ways out of this situation: сhange hosted site, create a private group, or to register as media (they have more rights).

Anonymous said...

I think Birmingham has the right idea.

Anonymous said...

A response to Birmingham. You do have a point, however, noticing the Niche market we are in as a hobbyist is by definition a Passionate of said product which is part of their way of life. This kind of ''taking the product to the next level thing'' is almost second to none (ok cosplay is).

Besides that, this is a game of community, unlike say most video games. It isn't like photography or kayaking or which all have their niches, but in their cases there won't be as much fanaticism to a certain model of whatever as we here are, shouting for the emperor or going all waaaaaghh and all.

And above all that, it is the community who built up this company. I agree it is inevitable somehow, but i just find this lack of tact... disturbing. First what happens to the North America sales terms on bits and stuff. Now this. Dismay is an understatement. I read BolS aricles before reading the news damn.

Anonymous said...

The thing with Unreleased material is funny. Because how can you know that something is from Unreleased material when you didn't see the original. I can say that all comments in this section was stolen from my site as I wanted to post them there, but tomorrow. What is funny I may be right I may be wrong. Because noone saw them at my site yet. If there is something on the sites before it is published then who has IP rights? The one that was first so the site has rights to the picture, not someone that release it later and says that he was first.

Warlord22 said...

Guess GW wants to destroy all competitors to WD and their Site!

Bols & Faith are GW friendly from a fan POV, but not if you look at the profit side of things.

-They are the biggest sites regarding leaks!
-They post anti GW storys like those were GW crushes small bissineses.
-They encourage rules to be leaked before the dex.
-Most important... they make a buck due to ads on their blogs.

I can see why they are gone now!
GW will alwayss be the evil company :D

Anonymous said...

I'm sure that if Naftka threw a few of his confidential sources under the bus, all this would go away. Not that that would be the right thing to do - I consider Naftka a journalist.

Anonymous said...

Also what Warlord22 said.

Viktor Carlson, aka Sikil said...

Where did Freedom of Speach, Freedom of Information and all that go?

Almost feels as if US is the new Iran in terms of censorship laws...

Anonymous said...

Everything published by anyone has a copyright notice informing you that it is not allowed to reprint any part of the publication without prior consent.
Freedom of speach does not entitle you to just photograph books and magazines and post them online.

Anonymous said...

I don't know if somebody would join the idea, but I stop buying GW products this year. Yes, it is my hobby for many years, but strong part of it is social aspect and main part of social aspect for me was Faeit 212 blog. The only way to show my displeasure of GW's lack of tact and wits is to stop giving them my money. At least for some time)), to make strong correlation between Natfka's blog closing and low sales.

Anonymous said...

Proof of where the fault lies, good luck;
.
Someone takes a photo.
(night Janitor, other country where the photo was released earlier, etc., disgruntled employee)
Of a product before the product is released.
(new car/Ford Mustang)
And sends the photo to someone else.
(repeat this process several times)
Then the photo gets put on the Internet.
.
How are the ALL recipients after the original photo taker to know the photo was a Spy photo and thus infringing on Laws/etc?
.
Punish all who claim ignorance.
.
Good job GW.
.
Sarchasm...

Anonymous said...

Loken are you going to champion a move by GW corporate ever again after this? Last time they pulled some shit you posted this: http://apocalypse40k.blogspot.com/2013/03/gw-policy-eliminates-web-and-bits-sales.html

I support the creative teams at GW. I will always oppose the corporate/legal teams at GW for being obstinate asses. I really wonder what's going on over there for the corporate/legal guys to be so aggressive lately; if they think they're losing sales because of IP infringement or whatever, maybe they need to consider the old "we're raising prices on a luxury/non-necessity commodity in a recession" conundrum instead.

If for any reason they try to ban sales of secondhand goods from eBay, I'm out of 40K for good.

Loken said...

First, I wish you all would NOT post anonymously. It would be nice to know who was saying what. You may not realize this, but your words hold less meaning when you don't stand behind them.

Second, I agree, GW creative is awesome, GW Executive/Legal sucks.

Third, I approve of the no online sales part of GW policy, because discounters are BAD for your Friendly Local Game Store. Pure and simple. I DISAPPROVE of their "no bits" policy which is INSANE and wish GW, as a company, would get the collective stick out of their ass, communicate with their customers and especially people like Larry Vela, myself and Natkfa (or whatever the hell his name is) and work with us like EVERY MAJOR COMPANY DOES.

Alec

Anonymous said...

It is undeniable that every white dwarf, book, model, photograph, image, and sketch that originates from Games Workshop is their Intellectual Property and no one, has asked permission to legally use the material and properly give credit to games workshop's IP on their posts.

I'm not against blogs about gaming and hobbies, but more and more recently the so called "News" I've been reading has less to do with the Hobby in it's style and technique, less to do with Gaming in it's battle reports and tactics, and more with legal battles, controversies, politics.

Fascinatingly enough I think it's very hypocritical of everyone, to complain that White Dwarf has become less of a Hobby Magazine and more of an advertisement, while every independent blog on the web has become infatuated with Rumors, leaked photos and nonsensical ranting over the legality of someone else's intellectual property which is in fact their property dang it!

Bloggers, Gamers, Hobbyists.

It's time to bring the hobby back to the internet, leaked photos, rumors, politics are not what makes this hobby great, they are not what makes articles read on blogs and forums interesting, they are the poison that seeps into the wound of our hobby and takes away from the things we love the the most.

For once I'd like to visit a blog or a site and see less bantering and more articles on Painting, Playing, Hobbying, Converting, actual REAL content that has been thoughtfully written out with helpful advice and opinions.

I don't care about leaked photos or rumors, i'll see it when it comes out and i'm going to buy it anyway so whatever!

so, get off your high horses, start hobbying, start making artcles that are worth reading, because as much as everyone complains that White Dwarf is just a big Advertisement, it has more worthy articles than most blogs now days.

food for thought.

Anonymous said...

I'll be honest, I'm really not bothered about reading all the leaked stuff, but I do like all the articles, painting, tacticas, reviews etc. Bell of Lost Souls and many of the sites it linked to really make the hobby for me, and I am much less likely to buy more GW if they shut all these sites down. GW should be thankful for so much good quality free advertising. I wish my business got as much. DaveK (Liverpool U.K.)

Game Thug said...

You noted above that GW has a case, but isn't broadcasting pics like this well within the limits of Fair Use?

Wickedcreep said...

Interesting question Game Thug.

Fair Use does not mean Free Use, Fair Use on images for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
However the DCMA specifically goes after images taken from publications owned and copyrighted by GW in which a consumer buys to gain access.

Taking a photo from their website for Fair Use may be acceptable as long as you credit the source and copyright information.

It's a tricky balance.

Anonymous said...

Someone said:
"If there is something on the sites before it is published then who has IP rights? The one that was first so the site has rights to the picture, not someone that release it later and says that he was first."

This is pure bull. The IP belongs to the one who created it. It doesn't matter who posted it where first. Not at all.

ForCalth said...

Hey guys,

I am a minor painter/tournament organizer for GW, and I obviously visit blogs like A40k and faeit. I actually have them bookmarked and favorited online, because I visit them daily, both for the hobby/community side of things, and for the leaks/rumors. Where I am in the GW food chain, faeit, Apocalypse 40k and BoLS are often the first I hear about new stuff. That being said, my buddy, who works at GW Nottingham and actually hangs out with some of the guys on the design team, usually hears about stuff well before it gets released. While I love these blogs and am pissed at GW legal for pulling stunts like this, I can see where they're coming from.

Anyways, what I'm actually posting about is that, although GW is pulling stunts like this more and more, they often have an understandable, though rarely good, reason for them. They do make colossal mistakes, like when they started going after the bitz business, their legal/corporate departments don't seem to see past "Raise prices, get younger kids to buy our stuff", and they have showed absolutely no inclination to actually TALK TO THE HOBBYISTS, like Loken said above. What their doing now, or so far as I've heard and what I can see, is less about the rumor posting or the leaks, but about actually posting direct copies of their stuff online, and before it has been released. I personally can't see any way that this ISN'T illegal, and although I, from a fan and hobbyists point of, don't agree with it, I think that from a business perspective, they are right to go after blogs that have posted stuff in blatantly illegal ways.

Anyways, I'll wrap this up now. I know that many of you won't agree with a lot of what I've said above, but please try to keep the hating to a minimum; I'm just a hobbyist expressing his opinion. I wish GW corporate would actually start to recognize some of the aspects of this hobby that people enjoy, and I hope this gets sorted out so that Faeit and BoLS will be able to continue posting, though with less over-the-top copyright infringement, and that we can continue to build and enjoy the online hobby community, which is what makes these games fun.

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