Wednesday, May 1, 2013

BoLS, Faeit212 Takedown, an Attorney's Perspective




So what is the legal fallout from the Faeit212 take-down?

A friend of mine is both an accomplished 40K player and an attorney with IP experience.  We have been chatting about all of this as I am an attorney (though I am smart enough not to practice!) and he sent me this email:

As you're aware (I've read through the posts on your blog), they're seriously over-reaching in most of these takedown requests.

"Fair use" allows for news reportage and commentary, and nearly everything that I've seen would fall squarely into those areas.

Even Natfka's notice *claimed* that he was publishing photos taken of a WD that had not been released yet.  But the problem with that is that's not completely true -- the photos HAD been released, albeit in Germany.

It's not like Natfka snuck into GW's offices and took some spy-camera photos of the WD; some 3rd party had the magazine and took pictures. That's a lapse on GW's part, not on the blogger/journalist/reporter that uses the images.

I don't know what you posted from IA12, but -- again -- that book was released in the UK before Adepticon, and was available for purchase there.  If you put up limited images for commentary, you're within the ambit of Fair Use.

I really want GW to step too far over the line and get slapped. Copyright actions are one of the few areas in American jurisprudence where a successful defense can shift attorney fees.  They have it coming!



His feedback is pretty much right on and while GW is probably overstepping their bounds, avoiding problems with them is pretty easy.  You won't find me posting photos of their books and White Dwarfs anymore unless it is secondary to commentary about those items.  

And honestly, anyone who wants any GW product, can get it illegally through numerous download sites (not to be mentioned here!). 

Loken


15 comments:

Zero said...

Ummm...as subtle as that last sentence was meant to be, I don't think you should be advocating piracy on a site that is attempting to project an image of journalistic integrity. I'm not trying to be self-righteous...just a suggestion.

immaterium said...

My (completely unprofessional) understanding is that the "amount and substantiality" and "effect on work's value" of the posted pages would be some of the biggest claims against allowing fair use, especially in the case of IA12 pages. Damn near all the 40k rules were posted, and that is the #1 thing most people would be buying the book for. "Transformative value" of the commentary is another issue, as this really is just posting photos most of the time, and not providing substantial review or analysis.

Anyway, IP law is often a total mess so I am never surprised to see all the different viewpoints and interpretations coming up.

Loken said...

I was not advocating any piracy. I was simply stating that my blog is the LEAST of GW's IP worries as I actually buy their product and promote others buying it.

Anonymous said...

So... you know that BOLS and Faeit212 weren't taken down by GW right? In fact, BOLS is back up now and has said exactly that.

Anonymous said...

And you conclude from BOLS that the same is true for Faeit212?

Anonymous said...

From Faeit himself

http://www.youtube.com/watch?v=L02uNG9sl5Y

Loken said...

Actually BoLS was taken down by Google but back up. It is unclear why. Faeit212 was taken down for DMCA violations. That is a known fact.

Loken

Zweischneid said...

For BOLS, one speculation is that it went down as a "collateral damage" to Faeit212.

Faeit212 obviously had written-permissions to BOLS, posting their regularly (Rumour Roundup).

When Google killed Faeit212, blogs (i.e. BOLS) he had author-status to got hit with it somehow.

I am not much of a Blogspot.expert though, just rumours

Anonymous said...

For the lawyers and the not so lawyers....You are walking in the mall parking lot and a van drives up and offers you the newest, hottest platform the wii-station-360 by Microny. It's not released for 2 weeks. You take it and brag on the net that you have the new wii-station-360 in your possesion. Police show up at you door with a court order, take your machine and serves you papers for possession of stolen good. Is this any different than posting pictures that you know are stolen and should not have been on the net....just wondering

Loken said...

What are you talking about? All photos posted have been from people who have seen the actual item, NOT photos my employees who have seen them at GW HQ or something. The photos are from releases in other countries.

Your example makes no sense.

Crow198 said...

I always find it entertaining when people attempt to make analogies of stealing v. pirating. Especially when they don't make sense in the previous example.

jgascoine011 said...

"Under fair use rules, it may be possible to use quotations or excerpts, where the work has been made available to the public, (i.e. published). Provided that:
The use is deemed acceptable under the terms of fair dealing.
That the quoted material is justified, and no more than is necessary is included.
That the source of the quoted material is mentioned, along with the name of the author."

Thats what the law states. I guess its up to the jury to decide if faiet 212 overstepped his mark

Warlord22 said...

So the ATTORNEY says:
-If everybody does it its ok.
-Its free press??? (he uploaded only the pics with no Articel, apart from the notice that its a leak... thats like stealing a car to make a Articel about crime)
-It has been released or not (so its ok to steal stuff once you "could" buy it?)


IMO that BS
He uploaded pictures knowing they were leaks from WD, knowing they would soon be released and he was a repeat offender that had been warned.
If you really want to defend the hobby you should bring better arguments to make a case. Those same arguments would be a joke if this was a case of Movie Ripping.

IMO GW is on the Winning side. And i only wonder why they don´t close down more sites such as warseer.

Also it is funny that Faith Natfka complained at several points about others stealing (copy pasting) his Articels with out word. Funny that he was doing the same thing!

Wickedcreep said...

Save me from the politics!

Mitchos said...

OK I need to clarify something. Were the pictures the Faeit212 had on his site "leaked" or were they from a country that had already released the content? Calling them "leaked" when they weren't really only hypes the article, it doesn't make it illegal.

Post a Comment

Labels

3D Printing (7) 40K Fluff (3) 40K Nation (2) 6th Edition (32) 7th Edition (8) Aaron Lovejoy (2) Accessories (4) Adepticon (10) Adeptus Mechanicus (19) Aetherium (1) Airbrushes (1) Alan Bligh (1) Alpha Legion (9) Analytics (1) Anvil Eight (1) Apocalypse (43) Apocalypse Games (6) Apocalypse World Records (9) Armies (2) Art (2) Astra Militarum (1) Battle Reports (20) Battlefleet Gothic (2) Battlefoam (3) Battlefront Miniatures (1) Betrayal at Calth (7) Big Daddy (1) Black Templars (3) Blood and Skulls Industry (7) Blood Angels (21) Campaign (1) Chainsword (1) Chaos (18) Chaos Space Marines (35) City Fight (1) Collectors Editions (1) Conquest (2) Conventions (1) Conversions (14) Cosplay (5) Crimson Templars (5) Daemons (4) Dark Angels (29) Dark Eldar (5) Dave Taylor (2) Dawn of War (1) Death Guard (1) Death Korp of Krieg (1) Death Korps of Krieg (2) Dice of War Games (2) Digital Downloads (2) Dreadnoughts (2) Dreamforge (7) Drop Zone Commmander (1) Dust (1) eBay (5) Eldar (33) Emperor's Children (1) Eternal Crusade (1) Events (2) Facebook (1) Fantasy Flight Games (5) FAQ (6) Feast of Blades (1) Fellblade (14) Finecast (2) Flames of War (2) Flash-Gitz (1) Flyers (16) Forge World (395) Fraud (2) Games Workshop (77) Gamesday (1) Garro (1) Giveaways (8) Grey Knights (5) Heresy Trading (1) Hobby Articles (26) Hobby Supplies (1) Horus Heresy (335) Horus Heresy Weekender (31) House Rules (7) Imperial Fists (12) Imperial Guard (25) Imperial Knights (22) Inferno (6) Inquisition (3) interviews (4) Iron Hands (8) Iron Warriors (5) KICKSTARTER (7) Killzone (1) Knight Titans (5) Legal Issues (3) Legio Custodes (22) Legion of the Damned (4) Leman Russ (1) Leviathan Crusader (1) Lord Inquisitor (12) Magnus (2) mastadon (1) Mastodon (1) Mechanicum (9) Minotaurs (1) Mobile Devices (1) Moritat (1) Necrons (14) New Releases (4) Night Lords (4) Objective Scoring (2) Orks (28) Painting (4) Plastic 30K Kits (1) Podcasts (1) Primarchs (3) Primaris Space Marines (1) Privateer Press (1) Prospero (3) Raven Guard (8) Ravenguard (1) Resin accessories (108) Retailers (7) Roboute Guilliman (1) Rumors (95) Salamanders (5) Scam Alerts (1) Scratch Builds (24) Siegeworld (5) Sisters of Battle (11) Sisters of Silence (8) SoCal Apocalypse (5) Solar Auxilia (12) Sons of Horus (4) Space Hulk (3) Space Marines (56) Space Wolves (13) Special Ops (1) Starter Set (5) Stormbird (1) Supplements (2) Tactics (1) Tallarn (1) Talons of the Emperor (1) Tau (19) Terrain (15) The Big Game (20) The Big Game 2 (17) The Big Game 3 (14) The Big Game 4 (3) The Black Library (118) The Emperor (1) The Inner Geek (4) Thosand Sons (3) Thousand Sons (16) Thunderhawk (5) Titans (24) Tom McBride (33) Tools (1) Tyranids (13) Ultramarines (12) Video Games (16) Videos (1) Wahammer 40k (4) Warhammer Forge (1) Warhammer World (6) Warhawk (3) Warhound Titan (2) Warlord (16) Warmachine (1) Week in Review (1) White Dwarf (10) White Scars (4) WIP (2) Word Bearers (4) World Eaters (3)

Disclaimers

Apocalypse40K is a registered trademark of Dice of War, Inc.. ©Copyright 20010-2013. All rights reserved.

Warhammer 40,000
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Blood Angels, Bloodquest, Cadian, Catachan, the Chaos devices, Cityfight, the Chaos logo, Citadel, Citadel Device, Codex, Daemonhunters, Dark Angels, Dark Eldar, 'Eavy Metal, Eldar, Eldar symbol devices, Eye of Terror, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khorne, Kroot, Lord of Change, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Tau, the Tau caste designations, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer 40k Device, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

The Chaos devices, the Chaos logo, Citadel, Citadel Device, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Forge World, Games Workshop, Games Workshop logo, Golden Demon, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Keeper of Secrets, Khemri, Khorne, Lord of Change, Nurgle, Skaven, the Skaven symbol devices, Slaanesh, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tzeentch, Warhammer, Warhammer Online, Warhammer World logo, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer world are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.


General This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Battlefleet Gothic, Black Flame, Black Library, the Black Library logo, BL Publishing, Blood Angels, Bloodquest, Blood Bowl, the Blood Bowl logo, The Blood Bowl Spike Device, Cadian, Catachan, the Chaos device, Cityfight, the Chaos logo, Citadel, Citadel Device, City of the Damned, Codex, Daemonhunters, Dark Angels, Dark Eldar, Dark Future, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Eldar, Eldar symbol devices, Epic, Eye of Terror, Fanatic, the Fanatic logo, the Fanatic II logo, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Inferno, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khemri, Khorne, Kroot, Lord of Change, Marauder, Mordheim, the Mordheim logo, Necromunda, Necromunda stencil logo, Necromunda Plate logo, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Skaven, the Skaven symbol devices, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Talisman, Tau, the Tau caste designations, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer Historical, Warhammer Online, Warhammer 40k Device, Warhammer World logo, Warmaster, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, the Warhammer world, the Talisaman world, and the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.