Playing nice with Intellectual Property/Copyrights

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Bad_Syntax
10/08/15 04:21 PM
204.11.43.114

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So a question, and since I can't post on the official forums this seems a good spot.

I wrote my little battletech encyclopedia site (database in my sig) which i have added all 6000+ canon units to (as well as TRO3063 and Battletechnology). I add every single piece of data, including all the fluff, artwork, and even create record sheets.

Though I have never been notified or told in any way this is wrong, it is. However it is no more wrong than many other sites, including this one. While I have stopped development on that site in favor of the design software I'm making, I eventually will have much of that same functionality with the application and may rewrite that site someday.

I know about the 2 month moratorium that Sarna uses, and though in no way is that an "ok thing" legally, it seems the community has accepted it as ok.

So since all of our sites are up, and are basically violating IP on the CGL products, I wanted to know what would be the best way to make sure you play nice in the future?

Designs are in MML/SSW/HMP (and a lot through here), so saying how much armor a unit has or what weapons are were seems like it is acceptable to reprint. I could be wrong, as HMP did have a license and MML/SSW are NOT licensed through CGL. Still though, those who work on those products are often moderators on the official forums, so it must be accepted by CGL that it is ok to copy that information.

Then we have unit pictures, which are all over the internet, especially this site. Often the original artist posts them on their deviant art site. So again this must be an accepted thing.

Finally the fluff, which I think I may be the only one doing, at least verbatim. However I thought I recalled seeing some of that in HMP at some point, but I may have added it. Ok, I am pretty sure I should go delete all those fluff entries (and would be happy to in under 5 minutes if actually asked), but with everything else in doubt, and everything mentioned being some form of IP violation, it makes me think 2 out of 3 violations is ok, but that 3rd makes you an enemy of the property.

So my question is, how should I go about handling all the designs in the software I'm writing in order to be "acceptable" to the community? Specifically:
- Unit designs
- Unit images
- Unit fluff
- Rules, weapons, equipment, and so forth that would be viewable from design perspective.

Granted, any of this, including what SSW, MML, and even Sarna have published *DO* violate copyright, apparently there is some level of violations that CGL finds ok, while other levels are completely intolerable.

Fair use really doesn't apply to SSW/MML or even MegaMek, and aside from the art I think Sarna would qualify under fair use. Copying 100% of the art from any particular TRO would surely not qualify.

I would love to be able to link all that data to purchased products, so you can see everything for stuff you own (thus making people more likely to purchase more stuff), I have no relationship with CGL (and maybe Microsoft) to do such a thing, and I don't think I would want them based on their reputation (CGL *or* MSFT) even if they did offer.

Though I don't have permission to write this product I am doing it anyway out of a personal desire and because I know most fans need it. However, I don't want anything at all being in it that would make any fan have an objection to using it (besides my reputation, haha).

Flipping the coin, perhaps, since I haven't been notified and have published everything for *years* with their knowledge, CGL is completely ok with the level I have been doing now, and I should just continue without a worry.
ghostrider
10/08/15 04:55 PM
98.150.102.177

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Best thing to do is contact the CGL and find out with a written signed copy of what they will accept.
I know not everyone can afford a lawyer, but it might be good to have contact with one that deals with copyright laws.

You may be able to get something going with them if you have some sort of advertising for them in your product, without charging them for it, but I am NOT a lawyer. That might be the absolute wrong thing to do.

I will say it again. Get it in writing what they will accept from you.
I am not sure what agreements have been made with any websites/forums. It sounds like a lot of them were working before CGL took over, so grandfather clauses might have been put up for them. It may be alot of the sites have just stayed off the CGL's radar.

So key idea here. Protect your behind.
CrayModerator
10/08/15 06:07 PM
72.189.109.30

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First of all, read my .sig. My comment is in no way an official one, and I'm not clear at the intricacies of the situation.

That said, I *think* you're okay if:
1) You're not profiting from the material
2) You're not profiting from the material
3) You're not copying and pasting the canon material verbatim. I've received a moderator warning on the official forums for quoting several paragraphs of my own writing in a forum discussion.
4) You're not profiting from the material

Therefore, it should be safe to ask the question on the official forums and not worry about seeing a platoon of lawyers show up with "cease and desist" and "take down" orders for your website.
Mike Miller, Materials Engineer

Disclaimer: Anything stated in this post is unofficial and non-canon unless directly quoted from a published book. Random internet musings of a BattleTech writer are not canon.
Bad_Syntax
10/08/15 06:37 PM
72.190.114.13

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I can't communicate with CGL, banned on the forums for attempting to sell extra miniatures in the DFW gamers thread, and the only email I have at CGL is Randall's, who never replies to my inquiries. So getting anything in writing at this point simply will not happen.


I am not profiting from anything, that is for sure, if anything I'm wasting time, which equals precious dollars, contributing to battletech with my many applications I've done over the years. Heck, I have turned down requests to add a donation link to my site(s) more than once

I did copy/paste the fluff (capabilities, deployment, notable pilots, etc from various TROs), so I guess I can make sure that isn't there. Aside from that though, I'd still have art and designs which ARE technically still violating IP.... Ugh, I'm back in the same boat.

Basically, ANY IP infringement is still infringement, it doesn't matter if its the name of a weapon manufacturer of a page of fluff text. If I do it once no biggie, fair use. If I do it for every design in a TRO CGL could technically complain that I am taking profits from them, which violates fair use.

So either I have ZERO official content, which kills the application itself. Or I just don't worry about it and put whatever I want in there. I haven't gotten a C&D yet so probably never would. Even if I did, it is trivial to remove information if necessary.

I got an expected C&D recently from Harmony Gold for paying out of my own pocket to get a 3d printable model done. Though I didn't profit from it, I did post that 3d model on shapeways for others to order. No big deal, I kind of expected it, and now I release the model for free and let people do whatever they want with them. That was so much more clear cut though.

So I guess I'll just leave out the fluff parts, as with those in there I could push a button and reprint any TRO ever published, thus potentially taking money, but I'll leave the tidbits about equipment from the tech manual, all the rules, and art linked to the units themselves.

I'll shoot an email to CGL (if I can find an official contact) before I release it (alphas/betas will still go out before hand to followers of the project on FB) in case they want to say anything, but historically they just completely ignore me (which sucks as there are a LOT of construction questions that I have come up with).

Thanks for the feedback.
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