Should banned user mods/maps/etc be deleted from these boards?

[Soyweiser]

Originally Posted by Muse

You've stated in an earlier post: "Sure the creators of the mod do not gain the copyright for the mod."

Therefore, by your own admission, I've used the term 'Public Domain' correctly.

I have since realized that my statement is incorrect. They do gain copyright regarding certain parts of these mods. Sprites, content that was invented to create the stats and abilities. Stories written, and not copied verbatim from other sources.

Originally Posted by Muse

Humorously, the rest of your post argues that Sombre should be sued for creating a Derivative Work without permission of the original copyright holder.

"Could" is not the same as "should". You are putting words in my 'mouth'.

And yes he could be sued. But I think trademarks are more a problem here. In the case of a lawsuit he would probably be asked to stop. Not that there where any damages done. But it wouldn't be a move GW has not performed before.

And now you are trying to make me change my point just to defend Sombre. Which I won't sure, the works are Derivative Works without permission of the original copyright holder. But that still doesn't change my original point. No Public Domain.

Originally Posted by Muse

That is a danger of taking an uninformed stance for pointlessly erudite banter.

Classy.

Originally Posted by Muse

It is a Fair Use work in the public domain.
Claiming anything else serves as a detriment to a potential author's creativity, since it will call forth the threat of infringement contentions.

What? So to prevent mod creators from potential lawsuits we should ignore the law and create our own reasoning to protect something that you probably cannot protect in court?

And it will not call forth the threat. Because it is already there. (Not that this will cause big problems, as there is no potential lost revenue in this case of derivative work).

Two wrongs do not make a right.

[Muse]

Originally Posted by Soyweiser

I have since realized that my statement is incorrect. They do gain copyright regarding certain parts of these mods. Sprites, content that was invented to create the stats and abilities. Stories written, and not copied verbatim from other sources.

One cannot be granted Derivative Work copyright protection without the permission of the original copyright holder.
You cannot gain personally from a crime.

Honestly, just read the definition of 'Fair Use.'

The only parts of a mod granted protection under the Berne Convention are those that pass the originality test, or Derivatives with explicit permission of the original owner.

The rest is a Fair Use work incorporating multiple copyrights for the betterment of the public.

Originally Posted by Soyweiser

What? So to prevent mod creators from potential lawsuits we should ignore the law and create our own reasoning to protect something that you probably cannot protect in court?

I'm not suggesting 'we' change the law to this, I'm suggesting the law is already as above to encourage creativity.

[Soyweiser]

Originally Posted by Muse

One cannot be granted Derivative Work copyright protection without the permission of the original copyright holder.
You cannot gain personally from a crime.

Copyright infringement is only a crime when it is done on a commercial scale. If it isn't it can be brought to the courts as civil suit.

Large scale copyright infringement is covered by a the Agreement on Trade-Related Aspects of Intellectual Property Rights. TRIPS. Which was signed by most of the WTO countries. This agreement forces countries to make large scape copyright infringement criminal.

In this case it is neither large scale, nor commercial.

[Muse]

Originally Posted by Soyweiser

Copyright infringement is only a crime when it is done on a commercial scale. If it isn't it can be brought to the courts as civil suit.

Large scale copyright infringement is covered by a the Agreement on Trade-Related Aspects of Intellectual Property Rights. TRIPS. Which was signed by most of the WTO countries. This agreement forces countries to make large scape copyright infringement criminal.

In this case it is neither large scale, nor commercial.

Oh, alright. You do not like that word?

Originally Posted by Muse

One cannot be granted Derivative Work copyright protection without the permission of the original copyright holder.
You cannot gain personally from a infringement.

Honestly, just read the definition of 'Fair Use.'

The only parts of a mod granted protection under the Berne Convention are those that pass the originality test, or Derivatives with explicit permission of the original owner.

The rest is a Fair Use work incorporating multiple copyrights for the betterment of the public.

I'm not suggesting 'we' change the law to this, I'm suggesting the law is already as above to encourage creativity.

Will that help to reduce the deliberate obfuscation?

[Soyweiser]

Originally Posted by Muse

Will that help to reduce the deliberate obfuscation?

It does.