Talk:Fansites served with copyright infringement notices: Difference between revisions

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{{forums notice}}
Why was the image of the PokéBeach post removed? [[User:Turtwig A|Turtwig A]] 13:13, 19 September 2010 (UTC)
Why was the image of the PokéBeach post removed? [[User:Turtwig A|Turtwig A]] 13:13, 19 September 2010 (UTC)


You know, I wouldn't be surprised if Bulba was behind this. Considering both webmasters *Bulba and Serebii* hate each other, I wouldn't put it past them.--[[User:FlareKitsu|FlareKitsu]] 16:18, 19 September 2010 (UTC)
==It's gone==
:Taking wild guesses based on no evidence whatsoever is ''totally'' helpful. --[[User:Raylax|Raylax]] 16:58, 19 September 2010 (UTC)
So you can remove your flashy notice now.--[[User:Purimpopoie|Purimpopoie]] 04:00, 21 September 2010 (UTC)
 
==End in sight==
 
Someone might want to add this. Serebii posted this on his forum a while ago.
 
''Right, I’ve spoken to the lawyer and, after I get just a little clarification, I will probably be able to return images to the site in the next couple of days, being used sparingly subject to fair use. I believe the images from Pokexperto plus all the leaks from 2ch caused him and Nintendo to react (still awaiting a callback from Nintendo of America)''
 
EDIT: [http://www.serebiiforums.com/showpost.php?p=11642318&postcount=234 Just in case someone needs proof]
--[[User:Jonouchi|Jonouchi]] 01:34, 22 September 2010 (UTC)
:Not proof enough. I'd need actual action in order to say proof.--'''[[User:Immewnity|<span style="color:#88AADD">''immewnity''</span>]][[User talk:Immewnity|the]][[Special:Contributions/Immewnity|mew]]''' 02:49, 22 September 2010 (UTC)
 
== YouTubers have received infringement notices too ==
 
The YouTubers NickMatt07 and utuber6061 have had all their Pokémon Black and White Official Soundtrack videos taken down, due to copyright infringement. I don't know if it should be included in the article, so I wrote it here.
 
[http://www.youtube.com/watch?v=oOtG7YQI4y0 Nickmatt07's video about the topic]
 
[http://www.youtube.com/watch?v=wBEVc7AOrIs utuber6061's video about the topic]
 
 
--[[User:Tobinus|Tobinus]] 08:22, 22 September 2010 (UTC)
 
== Just FYI: Reposting Copyrighted Material is PROTECTED by US Copyright Law ==
 
Nintendo can send out cease and desist notices all they want, but the same US Copyright Laws Nintendo is envoking to make sites take down B/W material ALSO protects fan sites like Bulbapedia from reposting copyrighted material, specifically for the purpose of parody and review.
 
It's called "Fair Use", and here is the law in question:
 
* ''Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.''
: - http://www.copyright.gov/title17/92chap1.html#107
 
Basically, as long as sites are merely reviewing Black and White or using it in works that can be legally defined as "parody" (which is why those fan-made Nintendo tshirts can be sold), or anything else that the law defines, then Nintendo can't do anything but try to trick sites into removing content.
 
Don't fall for this, guys! --- [[User:Nick15|Nick15]] 19:13, 22 September 2010 (UTC)


Just remember where you are posting this, also to any visitors, this is a discussion not a confirmation, we are not evil. --[[User:Jimmyduckegg|Jimmyduckegg]] 16:56, 19 September 2010 (UTC) muhahahahahaha
:: Well, I will say that this doesn't count if you're reposting the ROM to Black and/or White or share the soundtrack of the game verbatim, without any mention of it being used for a review or parody (ie a remix), then Fair Use laws don't cover that. But if Nintendo is requesting to take ALL Black/White material offline (such as screenshots, gameplay footage, review of new Pokémon and features, and so forth), then Nintendo can't FORCE you to take it down because that's protected by Fair Use Laws. Just FYI! :) --- [[User:Nick15|Nick15]] 19:18, 22 September 2010 (UTC)


Wait, since when do Serebii and Bulba hate each other?  I was entirely unaware of this! --[[User:WithLoveJuntaro|WithLoveJuntaro]]
Now you know why I want to boycott the games.--[[User:Semerl|Semerl]] 20:59, 23 September 2010 (UTC)
::It's not so much hate as it is rivalry. Sure they dislike each other, but not that much. But put this on the forums please. Also, could someone answer my question? [[User:Turtwig A|Turtwig A]] 18:30, 19 September 2010 (UTC)


I thought that Fair Use would kick in and Nintendo would not be allowed to because the games have official been release and there for Nintendo would not be allowed to keep the images off the net I hate to say it but soon Nintendo will start in by telling people they can post the word Pokemon with out geting a noticed
In reality the rules are a bit more restrictive than that sentence because otherwise you could copy whatever you want as long you didn't sell it. --[[User:KaBob799|KaBob799]] 20:01, 24 September 2010 (UTC)

Latest revision as of 20:01, 24 September 2010

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Why was the image of the PokéBeach post removed? Turtwig A 13:13, 19 September 2010 (UTC)

It's gone

So you can remove your flashy notice now.--Purimpopoie 04:00, 21 September 2010 (UTC)

End in sight

Someone might want to add this. Serebii posted this on his forum a while ago.

Right, I’ve spoken to the lawyer and, after I get just a little clarification, I will probably be able to return images to the site in the next couple of days, being used sparingly subject to fair use. I believe the images from Pokexperto plus all the leaks from 2ch caused him and Nintendo to react (still awaiting a callback from Nintendo of America)

EDIT: Just in case someone needs proof --Jonouchi 01:34, 22 September 2010 (UTC)

Not proof enough. I'd need actual action in order to say proof.--immewnitythemew 02:49, 22 September 2010 (UTC)

YouTubers have received infringement notices too

The YouTubers NickMatt07 and utuber6061 have had all their Pokémon Black and White Official Soundtrack videos taken down, due to copyright infringement. I don't know if it should be included in the article, so I wrote it here.

Nickmatt07's video about the topic

utuber6061's video about the topic


--Tobinus 08:22, 22 September 2010 (UTC)

Just FYI: Reposting Copyrighted Material is PROTECTED by US Copyright Law

Nintendo can send out cease and desist notices all they want, but the same US Copyright Laws Nintendo is envoking to make sites take down B/W material ALSO protects fan sites like Bulbapedia from reposting copyrighted material, specifically for the purpose of parody and review.

It's called "Fair Use", and here is the law in question:

  • Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
- http://www.copyright.gov/title17/92chap1.html#107

Basically, as long as sites are merely reviewing Black and White or using it in works that can be legally defined as "parody" (which is why those fan-made Nintendo tshirts can be sold), or anything else that the law defines, then Nintendo can't do anything but try to trick sites into removing content.

Don't fall for this, guys! --- Nick15 19:13, 22 September 2010 (UTC)

Well, I will say that this doesn't count if you're reposting the ROM to Black and/or White or share the soundtrack of the game verbatim, without any mention of it being used for a review or parody (ie a remix), then Fair Use laws don't cover that. But if Nintendo is requesting to take ALL Black/White material offline (such as screenshots, gameplay footage, review of new Pokémon and features, and so forth), then Nintendo can't FORCE you to take it down because that's protected by Fair Use Laws. Just FYI! :) --- Nick15 19:18, 22 September 2010 (UTC)

Now you know why I want to boycott the games.--Semerl 20:59, 23 September 2010 (UTC)

In reality the rules are a bit more restrictive than that sentence because otherwise you could copy whatever you want as long you didn't sell it. --KaBob799 20:01, 24 September 2010 (UTC)