Sellers who infringed upon copyrights; reported.
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Post Posted: Tue Jun 21, 2005 1:09 am 
 

eBay listings

This fellow is pretty bad.

  


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Post Posted: Tue Jun 21, 2005 6:57 am 
 

Reindeergamez wrote:eBay listings

This fellow is pretty bad.


Yea, not only is selling illegal pdfs, but also pirated software, & illegal music downloads.   8O   I have reported on about 10 different auctions already.  I wonder if EBay will take action on this one. :roll:   Christ look at his name, it just SCREAMS of illegal material. :evil:


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Post Posted: Tue Jun 21, 2005 8:10 am 
 

bclarkie wrote:
Reindeergamez wrote:eBay listings

This fellow is pretty bad.


Yea, not only is selling illegal pdfs, but also pirated software, & illegal music downloads.  8O  I have reported on about 10 different auctions already. I wonder if EBay will take action on this one. :roll:  Christ look at his name, it just SCREAMS of illegal material. :evil:


This is about as bad as it gets, I'd say.  He doesn't respond to emails, phone call only.  (I'm gonna bet the phone number magically stops working after you've paid).  He only accepts paypal.  And assuming I wanted the copyright-infringing CD-R, he'd charge $4.99 USD* to ship it!  

(*Add $9.99 for Canada, $14.99 International, + $0.99 mandatory insurance.  Get frickin' real.)

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Post Posted: Tue Jun 21, 2005 12:02 pm 
 

Looks like he's been shut down.


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Post Posted: Tue Jun 21, 2005 8:33 pm 
 

cgi.ebay.ca/ws/eBayISAPI.dll?ViewItem&a ... 5&rd=1

Ok, somebody put me in my place if I'm off here, but this seems like total BS.  Somebody please report him.

"THESE ARE THE PURCHASED ELECTRONIC VERSIONS OF ALL THE PRODUCTS NOT THE PRINTED VERSIONS, PLEASE NOTE NO REFUND WILL BE GIVEN IF YOU THOUGHT THESE WERE THE PRINTED VERSIONS THANK YOU. "

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Post Posted: Tue Jun 21, 2005 9:22 pm 
 

DanZ wrote:Looks like he's been shut down.


Woohoo... Another one bites the dust!

  


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Post Posted: Fri Jun 24, 2005 12:26 pm 
 

I've been following this awhile. Has anyone thought to contact R.A. Salvatore, he is selling a character of his, if only in wallpaper, without permission.
just my 2 cents.  :?:  later

Henry


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Post Posted: Sat Jun 25, 2005 5:09 am 
 

Still on holiday but unable to resist my hit of Acaeum. How sad is that?

Regarding owners defending copyright, I seem to recall a US ruling that a company had to 'vigorously' (their word) defend their copyright and demonstrate that they took 'vigorous action against all copyright infringement' in order to be able to claim that copyright had been infringed. Otherwise a defendant was open to claim that a company did not enforce its copyright in other instances and that taking action against him was prejudicial on the part of the company taking such action.

Was it not that ruling that resulted in the $1M legal department that TSR put in place, the screwing down and infighting between what Arneson owned coyright to, and what Gygax owned copyright to, and the withdrawn of 'licensed for use with Dungeons & Dragons' from Judges Guild and so many other small press productions?

I fully agree with DL36's analogy. Proving and enforcing it in a court of law would not be worth either WoTC or eBay's time or money as neither company stands to gain from such action.


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Post Posted: Sun Jun 26, 2005 11:37 pm 
 

§ 512. Limitations on liability relating to material online9

(a) Transitory Digital Network Communications. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if -

(1) the transmission of the material was initiated by or at the direction of a person other than the service provider;

(2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;

(3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;

(4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and

(5) the material is transmitted through the system or network without modification of its content.

(b) System Caching. -

(1) Limitation on liability. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which -

(A) the material is made available online by a person other than the service provider;

(B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and

(C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A), if the conditions set forth in paragraph (2) are met.

(2) Conditions. - The conditions referred to in paragraph (1) are that -

(A) the material described in paragraph (1) is transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A);

(B) the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol for the system or network through which that person makes the material available, except that this subparagraph applies only if those rules are not used by the person described in paragraph (1)(A) to prevent or unreasonably impair the intermediate storage to which this subsection applies;

(C) the service provider does not interfere with the ability of technology associated with the material to return to the person described in paragraph (1)(A) the information that would have been available to that person if the material had been obtained by the subsequent users described in paragraph (1)(C) directly from that person, except that this subparagraph applies only if that technology -

(i) does not significantly interfere with the performance of the provider's system or network or with the intermediate storage of the material;

(ii) is consistent with generally accepted industry standard communications protocols; and

(iii) does not extract information from the provider's system or network other than the information that would have been available to the person described in paragraph (1)(A) if the subsequent users had gained access to the material directly from that person;

(D) if the person described in paragraph (1)(A) has in effect a condition that a person must meet prior to having access to the material, such as a condition based on payment of a fee or provision of a password or other information, the service provider permits access to the stored material in significant part only to users of its system or network that have met those conditions and only in accordance with those conditions; and

(E) if the person described in paragraph (1)(A) makes that material available online without the authorization of the copyright owner of the material, the service provider responds expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement as described in subsection (c)(3), except that this subparagraph applies only if -

(i) the material has previously been removed from the originating site or access to it has been disabled, or a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled; and

(ii) the party giving the notification includes in the notification a statement confirming that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.

(c) Information Residing on Systems or Networks at Direction of Users. -

(1) In general. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider -

(A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

(2) Designated agent. - The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:

(A) the name, address, phone number, and electronic mail address of the agent.

(B) other contact information which the Register of Copyrights may deem appropriate.

The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory.

(3) Elements of notification. -

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(B)(i) Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent.

(ii) In a case in which the notification that is provided to the service provider's designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).

(d) Information Location Tools. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider -

(1)(A) does not have actual knowledge that the material or activity is infringing;

(B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

(e) Limitation on Liability of Nonprofit Educational Institutions. - (1) When a public or other nonprofit institution of higher education is a service provider, and when a faculty member or graduate student who is an employee of such institution is performing a teaching or research function, for the purposes of subsections (a) and (b) such faculty member or graduate student shall be considered to be a person other than the institution, and for the purposes of subsections (c) and (d) such faculty member's or graduate student's knowledge or awareness of his or her infringing activities shall not be attributed to the institution, if -

(A) such faculty member's or graduate student's infringing activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding 3-year period, for a course taught at the institution by such faculty member or graduate student;

(B) the institution has not, within the preceding 3-year period, received more than 2 notifications described in subsection (c)(3) of claimed infringement by such faculty member or graduate student, and such notifications of claimed infringement were not actionable under subsection (f); and

(C) the institution provides to all users of its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright.

(2) For the purposes of this subsection, the limitations on injunctive relief contained in subsections (j)(2) and (j)(3), but not those in (j)(1), shall apply.

(f) Misrepresentations. - Any person who knowingly materially misrepresents under this section -

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

(g) Replacement of Removed or Disabled Material and Limitation on Other Liability. -

(1) No liability for taking down generally. - Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider's good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

(2) Exception. - Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider -

(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;

(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

(3) Contents of counter notification. - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(4) Limitation on other liability. - A service provider's compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C).

(h) Subpoena to Identify Infringer. -

(1) Request. - A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.

(2) Contents of request - The request may be made by filing with the clerk -

(A) a copy of a notification described in subsection (c)(3)(A);

(B) a proposed subpoena; and

(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

(3) Contents of subpoena. - The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

(4) Basis for granting subpoena. - If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.

(5) Actions of service provider receiving subpoena. - Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.

(6) Rules applicable to subpoena. - Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.

(i) Conditions for Eligibility. -

(1) Accommodation of technology. - The limitations on liability established by this section shall apply to a service provider only if the service provider -

(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and

(B) accommodates and does not interfere with standard technical measures.

(2) Definition. - As used in this subsection, the term "standard technical measures" means technical measures that are used by copyright owners to identify or protect copyrighted works and -

(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;

(B) are available to any person on reasonable and nondiscriminatory terms; and

(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.

(j) Injunctions. - The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:

(1) Scope of relief. - (A) With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:

(i) An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider's system or network.

(ii) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(iii) Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose.

(B) If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms:

(i) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is using the provider's service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(ii) An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States.

(2) Considerations. - The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider -

(A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider's system or network;

(B) the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available.

(3) Notice and ex parte orders. - Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider's communications network.

(k) Definitions. -

(1) Service provider. - (A) As used in subsection (a), the term "service provider" means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term "service provider" means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).

(2) Monetary relief. - As used in this section, the term "monetary relief" means damages, costs, attorneys' fees, and any other form of monetary payment.

(l) Other Defenses Not Affected. - The failure of a service provider's conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider's conduct is not infringing under this title or any other defense.

(m) Protection of Privacy. - Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on -

(1) a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i); or

(2) a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law.

(n) Construction. - Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.

  


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Post Posted: Mon Jun 27, 2005 12:10 am 
 

§ 102. Subject matter of copyright: In general26

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

  

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Post Posted: Mon Jun 27, 2005 12:33 am 
 

Your point?


If you hit a Rowsdower, you get to keep it.

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Post Posted: Mon Jun 27, 2005 12:34 am 
 

(d) (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall include -

(A) producers and sellers of legitimate works affected by conduct involved in the offense;

(B) holders of intellectual property rights in such works; and

(C) the legal representatives of such producers, sellers, and holders.

  


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Post Posted: Mon Jun 27, 2005 12:43 am 
 

Gauntner/Antlers/Gauntlet/Whatever —

You certainly win our coveted Acaeum Copy-And-Paste Award. And speaking of copying, I'm going to borrow a line from DL36: is there a point coming anywhere in our futures?

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Post Posted: Mon Jun 27, 2005 3:17 am 
 

Basically what my copy/paste had to do with was a prior discussion about copyrights, and suing Ebay for damages.  I wasn't available for a few days due to a family emergency, and just now got around to posting it, sorry.

Basically it says, Ebay is non-liable for damages as a provider, as long as they complied to any legal written compliant from a copyright holder, and that copyright holder followed the proper legal procedure to do so. In this case WOTC

It also covers that not everything within a document is covered by a copyright.  In the U.S you can't copyright the rules to a game.

What was also discussed was suing Ebay for damages, because they believe there collections have been devalued due to copyrighted material being distributed on Ebay.

The Law on this is unless you are the copyright holder, or a licensed vender you have no entitlement for damages.

Also I was wrong.  You can't use a trademark name or copyrighted material in distribution of your own product under the Open Game License.  But if you don't use the OGL, under Copyright law you can do something similar to the following:

The following adventure is for use with the Dungeons and Dragons game published by Wizards of the Coast.

To get full use of this product you will also need a copy of the Dungeons Masters Guide, Players Handbook, and Monster Manual also published by Wizards of the Coast.

The terms (Dungeons and Dragons, Players Handbook, Dungeons Masters Guide, and Monster Manual) are owned and under license by Wizards of the Coast and are used WITHOUT PERMISION.

  

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Post Posted: Mon Jun 27, 2005 3:20 am 
 

Your point?


If you hit a Rowsdower, you get to keep it.

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Post Posted: Mon Jun 27, 2005 4:33 am 
 

It says that, if you happen to develop some material yourself, you could actually sell it even if you do not have the permission to - provided that you actually label all the material you realize as above.

Right?


"It's mint, it's a first print, and it's mine!"

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"Not anymore".

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Post Posted: Mon Jun 27, 2005 6:39 am 
 

Deadlord36 wrote:Your point?

The point being that the guy is still full of shit, and is just trying to reinforce the opinion that he is full of shit by opening his mouth to let us see inside.


This week I've been mostly eating . . . chicken and wild rice soup.

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Post Posted: Mon Jun 27, 2005 6:58 am 
 

gauntner666 wrote:Basically what my copy/paste had to do with was a prior discussion about copyrights, and suing Ebay for damages. I wasn't available for a few days due to a family emergency, and just now got around to posting it, sorry.

Basically it says, Ebay is non-liable for damages as a provider, as long as they complied to any legal written compliant from a copyright holder, and that copyright holder followed the proper legal procedure to do so. In this case WOTC

It also covers that not everything within a document is covered by a copyright. In the U.S you can't copyright the rules to a game.

What was also discussed was suing Ebay for damages, because they believe there collections have been devalued due to copyrighted material being distributed on Ebay.

The Law on this is unless you are the copyright holder, or a licensed vender you have no entitlement for damages.

Also I was wrong. You can't use a trademark name or copyrighted material in distribution of your own product under the Open Game License. But if you don't use the OGL, under Copyright law you can do something similar to the following:

The following adventure is for use with the Dungeons and Dragons game published by Wizards of the Coast.

To get full use of this product you will also need a copy of the Dungeons Masters Guide, Players Handbook, and Monster Manual also published by Wizards of the Coast.

The terms (Dungeons and Dragons, Players Handbook, Dungeons Masters Guide, and Monster Manual) are owned and under license by Wizards of the Coast and are used WITHOUT PERMISION.


Gauntner, I am sorry but did you have any kind of response to the fact that I caught you lying for like the 345th time before about the Zabe CDs that you purchased and said you didn't know anything about ? As a refresher here is my post from June 17th on the auction you won from Zabe on May 27th:

bclarkie wrote:
gauntner666 wrote:bclarkie Not if the material is OGC, read the OGL on wizards page.

And without having an actual copy of the cd, I can't honestly tell you if what's on the cd is legal or not, I was only going by the ad.


I think our new "friend" gaunter666 knows more about our old "friend" Zabe73's CDs than he is letting on. SOOOOOOOOOOOOOOOO Gaunter, once again I catch you in a lie:

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 5200391122

Oh wait, let me guess, this time Zabe forgot to send you the illegal CD. Or wait, did your girlfriend buy this for you too and you didn't know about it. Yea, Yea thats it, it as a birthday present for you and I feckin ruined the surprise for you right. :roll: Please, if you are going to steal and then also try to lie about it, you better do a MUCH better job of covering it up. Then again, maybe you should just save yourself from wasting your time altogether here, because it clearly isn't working. Seriously, how many more times are you going to lie? How many more times are you going to steal from WotC? I am so looking forward to all of you getting your asses sued back to the stone age for this. Its coming, believe me its coming...............


And are you to try to get us all to convert to the Wicca religion like you do to your buyers? :roll: From your feedback:

eBay Feedback Profile for gauntner666

I didn't appreciate the attempt to convert me to the Wicca religion.
Buyer bighappytallboy ( 29) Jun-21-05 04:06 5203549766

Reply by gauntner666: D&D covers many religions, is it to an attempt to covert or just for reference. Jun-21-05 08:35



BTW, looking at your feedback and sales dude you are really kicking some ass. I will bet if you take all that money you are actually profiting from all of your bullshit CDs, you might be able to buy yourself a cup of coffee at McDonalds with it in a month or 2. 8) Is there a reason why you are still here? :?


"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." -Neitzche

  

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Post Posted: Mon Jun 27, 2005 7:42 am 
 

Well, at the very least Gauntner doesn't leave retaliatory negatives like some other Ebayers do (hello Jon, and yes, I'm talking about you).

G. , I guess you'd fare a lot better - in this community and in front of your own conscience - without resorting to selling those cheap and unlawful cds.

I mean, do as others do - buy LEGAL stuff, sell it with a markup - it's all so simple.


"It's mint, it's a first print, and it's mine!"

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"Not anymore".

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Post Posted: Mon Jun 27, 2005 8:55 am 
 

gauntner666 wrote:It also covers that not everything within a document is covered by a copyright. In the U.S you can't copyright the rules to a game.

You can't copyright "rules", because rules are conceptual rather than textual.  You can copyright text describing said rules.  
gauntner666 wrote:The Law on this is unless you are the copyright holder, or a licensed vender you have no entitlement for damages.

Absolutely untrue.  Of course you don't have to be a copyright holder to sue for damages.  You just have to avoid using sections of copyright law to sue.  I assure you that if someone crashes a car into the side of my house, I won't be turning to copyright law to sue them.  :wink:  

Likewise, if someone devalues my collection by illegally distributing copyrighted material, I likewise would not be using copyright law to sue them.  
gauntner666 wrote:Also I was wrong. You can't use a trademark name or copyrighted material in distribution of your own product under the Open Game License. But if you don't use the OGL, under Copyright law you can do something similar to the following:

The following adventure is for use with the Dungeons and Dragons game published by Wizards of the Coast.

To get full use of this product you will also need a copy of the Dungeons Masters Guide, Players Handbook, and Monster Manual also published by Wizards of the Coast.

The terms (Dungeons and Dragons, Players Handbook, Dungeons Masters Guide, and Monster Manual) are owned and under license by Wizards of the Coast and are used WITHOUT PERMISION.

Well, it's good to hear you can admit when you're wrong.  Yes, you can absolutely do that, but it doesn't preclude selling illegally copied copyrighted materials alongside said work.  

You might want to look over the products on your CDs to ensure that they're all 100% copyright free, and change your advertising to match.  I think that's the major issue here.

See, I can be nice sometimes...I didn't once say how it's all a bunch of d20 crap.  :)

 YIM  
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