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 MW2: IW gets AC130 takedown notice 
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Post MW2: IW gets AC130 takedown notice
Quote:
All New Game Materials created by you shall be exclusively owned by Activision and/or its licensors as a derivative work (as such term is described under U.S. copyright law) of the Program Utilities and Call of Duty 4: Modern Warfare and Activision and its licensors may use any New Game Materials made publicly available by you for any purpose whatsoever, including but not limited to, for purpose of advertising and promoting Call of Duty 4: Modern Warfare.


OK, am I misunderstanding something or Joker has no legal right over anything he created with the mod tools? Did he use something else other than those tools for the mod? Don't get me wrong, I'm all about him kicking their ass, but I'm worried that he might have made a mistake here. I hope he has contacted some lawyer before making those DMCA claims.

Putting this thread in the News since it's part of the news and I cannot comment on news articles on the main site. If I'm wrong - I apologize :D.

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Mon Nov 09, 2009 1:37 am
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Post Re: MW2: IW gets AC130 takedown notice
Joker would be entitled, at least to intellectual property rights, as his mod is older than the new game, and it can be proven that he was the designor of this particular addiction to the mod. I would say, that give or take, any one of roughly several 100,000 players or so if not more, that would likely be willing to write letters of reference, etc would be good enough, and these would come from the world-over, not just his local neighborhood.

Power to ya Joker, and thanks for fighting the good-fight. Kick some ass! :)

Perhaps the biggest thing that irks me about this new game is that IW stole so much from the modding community within the game-series, and not so much as one IOTA of credit towards any of the designers. They took it all for themselves.

Some honesty would be nice. Perhaps even offer those that deserve the credit a job, too, to help improve the game. Hell, they might even find themselves more popular if they did so, as some of the better mods out there would have features worked into the next dev, and be properly dev'd for a change, and the ported over to the consoles, rather than to the PC-faction.

We PC players learned a long time ago, that to move forward, was to encourage our modder's within our groups. New maps, new mods, new ideas, new game/game longevity.

IW found a way to completely kill that, with one word! GREED! Hope you enjoy the money I won't be paying for this game. I have belatant art-work on my main-page of my well-hit gaming clan site with regards to that, as well has an announcement of how my clan will be boycotting this game. I've also set up my search-bot settings to make sure it gets hit for modernwarfare2 in various ways via several major search-engines. I've got banners on my server to encourage education in not buying this game and why, and have re-named my server Boycott MW2/WT(clan tags at the end).


Anyone that asks on my server, gets an ear-full about the why-not.

RW


Mon Nov 09, 2009 2:03 am
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Post Re: MW2: IW gets AC130 takedown notice
liquid wrote:
Quote:
All New Game Materials created by you shall be exclusively owned by Activision and/or its licensors as a derivative work (as such term is described under U.S. copyright law) of the Program Utilities and Call of Duty 4: Modern Warfare and Activision and its licensors may use any New Game Materials made publicly available by you for any purpose whatsoever, including but not limited to, for purpose of advertising and promoting Call of Duty 4: Modern Warfare.


OK, am I misunderstanding something or Joker has no legal right over anything he created with the mod tools? Did he use something else other than those tools for the mod? Don't get me wrong, I'm all about him kicking their ass, but I'm worried that he might have made a mistake here. I hope he has contacted some lawyer before making those DMCA claims.

Putting this thread in the News since it's part of the news and I cannot comment on news articles on the main site. If I'm wrong - I apologize :D.



I wish I could give a proper opinion, but unfortunatelly I´m not familiar with the Common Law system as it´s the opposite of the one I´m familiar with, which is the "Romanic legal system" (also known as Continental or Romano-Germanic law)

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Mon Nov 09, 2009 3:56 pm
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Master Corporal
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Post Re: MW2: IW gets AC130 takedown notice
I am pretty sure that the last thing he wants to due is file an actual lawsuit. Infinity Ward can just keep extending the actual trial indefinitely until Joker doesn't have enough funds left anymore to pay his lawyer.

In my opinion, this victory is enough on its own merit.


Mon Nov 09, 2009 4:33 pm
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Post Re: MW2: IW gets AC130 takedown notice
There's been a lot of talking about EULA's and Activision's airtight policies regarding modding their game.
What you may not know - and i won't go into detail here - is that there are extenuating circumstances in this issue that go beyond the obvious.

These circumstances have obviously led PST*joker to these actions.

If this story was simply a modder making a mod that was co-opted by a game's producer then...all you could say is that the dev is morally but not legally in the wrong.

If you make a mod with the mod tools, IW has rights to the mod. If you make a mod without the mod tools then you are in violation of the EULA...so Activision apparently has an airtight argument.

But as I said, the story here has another twist.

....which of course will all be explained in my new upcoming best-selling book "Mods of CoD" by Jock Yitch. Available at Amazon.com this Christmas.

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Tue Nov 10, 2009 2:35 am
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Post Re: MW2: IW gets AC130 takedown notice
Quote:
If you make a mod with the mod tools, IW has rights to the mod. If you make a mod without the mod tools then you are in violation of the EULA...so Activision apparently has an airtight argument.


Even the devs don't own everything and use 3rd party programs to create their self acclaimed masterpieces!

All I can say is

1. Microsoft don't have this attitude, imagine all those wordpad and text docs they could possess including script!
2. Autodesk 3DS Max doesn't hold claim to any models you create using their program
3. Photoshop doesn't hold claim to any art you create using their program
4. Microsoft C++ holds no claim to your creativity (and they don't even charge for the program ;) )
5. However, does the dev point to a 3rd party program to use to modify their game (MAYA) and who owns the content created within that program.

So the bottom line is, when a dev house advertises publically that 3rd party programs are used to modify their content, they have in fact made the EULA void themselves, because they willingly accept that their own specific tools cannot do the full job for the customisations they expect to see!

Now the digital age has gotten a grip and more people become computer literate, power houses cannot expect to own peoples creations and should not give the impression they do with heavily weighted contracts (EULA) against the End User.


Tue Nov 10, 2009 4:27 am
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Post Re: MW2: IW gets AC130 takedown notice
While it was funny, in a way, it was also quite dumb. Joker doesn't have a valid copyright claim to that footage of MW2. Whether you agree with it or not, he doesn't legally have rights to the CoD4 mods he made (or any for most other games, as I don't ever recall seeing Mod Tools/SDKs released without that sort of disclaimer by a large game developer). And worse, by willfully filing a false DMCA request, he's opened himself up to the possibility of getting hit with the penalty of that action--which is treated as perjury--should IW/Activision want to be assholes about it. (Which they might, he just messed with their Marketing stuff.)


Wed Nov 11, 2009 5:19 am
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Post Re: MW2: IW gets AC130 takedown notice
there could be more to this then just the rights bit. contract law may play apart in it aswell because when he purchases the game and gets the game both parties have fullfilled there obligation and therefore the contract is complete. then after this IW goes Hey these are some other terms aswell after the contract has already been completed and there is no reference to this on the box either so they may not even apply. i talked to my dad about it out of interest he is a barrister here in australia and yes i do know US and Aus laws are different but they have many simliar parts. anyway he thought that it could go either way depending on any precedents in the states or if it could be established that it was common knowledge that there are conditions after purchase that modders dont have copy right.
but i guess its up to the courts to figure that one out.

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Wed Nov 11, 2009 6:01 am
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Post Re: MW2: IW gets AC130 takedown notice
Quote:
All New Game Materials created by you shall be exclusively owned by Activision and/or its licensors as a derivative work (as such term is described under U.S. copyright law) of the Program Utilities and Call of Duty 4: Modern Warfare and Activision and its licensors may use any New Game Materials made publicly available by you for any purpose whatsoever, including but not limited to, for purpose of advertising and promoting Call of Duty 4: Modern Warfare.


The ac130 was used to advertise mw2 NOT cod4 so for that alone they are in breach of terms if they have used the content.
There are no mod tools in mw2 so how can they argue that the work belongs to them?

I see nothing here that says "we will not pay you royalties for your work.

Despite them saying they own the work,if you have proof that you created the content,then surely there must be something to protect the creators in a court of law.

Here's a little article i found,which sheds some light on the subject http://en.wikipedia.org/wiki/Derivative_work

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Mon Nov 23, 2009 10:08 am
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Post Re: MW2: IW gets AC130 takedown notice
I got one thing to say! I got no legal training! But I bet everyone in the PC gaming community would gladly send Joker some fighting fund cash if they try to take him down.


If everyone worldwide sent in $20 I bet he would have a good fund to go at them with. Should they try it on :-)

But TBH ! I think IW know they have shat on Joker and with all the fuss regarding MW2, I bet most of us PC gamers who have enjoyed his mod would gladly send in some cash. Joker has got bottle for sure and we in the UK respect that a lot.

If IW did try to take him to court, there would be a worldwide outcry! And I’m sure we in the PC community would support him in any legal battle :-)


Regards {PnX} PaulStorm

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Thu Dec 03, 2009 7:45 pm
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