copyright infrignment

[trio1000]

I saw this at the bottom of dojo

All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, may not be used on any other web site, in any publications, in public performances, in connection with any product or service that is not Nintendo's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Nintendo, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights

omg we are all gonna go to jail for using their screens and thus miss the brawl release date

 

[Unknownlight]

Relax, Nintendo doesn't want to put to jail thousands of their potential customers.

 

[Livvers]

Except Smashboards isn't using the pictures to confuse customers, discredit Nintendo, and they're not exploiting it for their own gain.

 

[Xanderous]

"in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Nintendo, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights"

this does not apply to us.

 

[trio1000]

to me all that other stuff doesnt mean in what way you can use the content but it means other ppl who cant use the content

sry if that doesnt make sense

 

[Dragonbreath]

Well, I'm an American. We've got this thing called the first amendment which pretty much lets us say whatever the hell we want. Nah, not really.

I don't think you could make a case against Smash World, nor would nintendo want to. They're not Sega (Remember YTMND?)

 

[Zjiin]

Is this had been applicable to us (which it isn't) what are they going to do? Arrest your screen names?

 

[Heavyarms2050]

key words "publications, in public performance"
if you write a book/magazine or set-up a convention and used the brawl screens from the website without the permission, that will cause a copyright infringement. Internet does not apply because you cannot regulate the internet

 

[Dogenzaka]

copyright infringement laws are a joke. really.
Does youtube track down your location from you IP and call the FBI to arrest you, when they delete an uploaded copyrighted video?
Too many thousands of people do it, there's no way to stop everyone. It's no biggie. lol.

 

[DraginHikari]

This doesn't apply due to a clause in the US copyright laws referred to as Fair Use. Which allows the use of Copyrighted work for Non-profit base uses. Most of the time unless you making money or damaging Nintendo's reputation then most aren't going to bother with it.

 

[brawl1994]

I saw this at the bottom of dojo

All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, may not be used on any other web site, in any publications, in public performances, in connection with any product or service that is not Nintendo's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Nintendo, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights

omg we are all gonna go to jail for using their screens and thus miss the brawl release date

it says "...... in any manner that dispaeages or discredirs Nintendo...." as long as we say its Nintendo's we're fine

 

[Masterem243]

What about Mojo? They use the format of the smashbros site.

 

[Pluvia's other account]

It doesn't apply to us, click a picture on Wikipedia and read the Fair Use bit to see why.

 

[Dogenzaka]

It doesn't apply to us, click a picture on Wikipedia and read the Fair Use bit to see why.

Then why do videos of copyrighted content get taken off youtube, even though it's non-profit? Is it a legality issue, or is it simply because YouTube doesn't allow it in their Terms of Use?

 

[Pluvia's other account]

Then why do videos of copyrighted content get taken off youtube, even though it's non-profit? Is it a legality issue, or is it simply because YouTube doesn't allow it in their Terms of Use?

YouTube has a really bad system, sometimes I wonder if they even know left from right.

 

[Dogenzaka]

I was banned off youtube for uploading an 8 second clip of The Office, and a Death Note AMV. Because it's "copyrighted content" and the creators filed a suit.

Veoh.com ftw.

 

[DraginHikari]

Then why do videos of copyrighted content get taken off youtube, even though it's non-profit? Is it a legality issue, or is it simply because YouTube doesn't allow it in their Terms of Use?

That's where the damaging part comes into view. Youtube is free to post on and view, because of that companies lose money where people would have had to buy the video from them before, which usually results in lawsuits.

 

[nealdt]

It sounds like a list of ways you cannot use the content, IMO. Reorganize it like this:

All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, may not be used:

1. on any other web site
2. in any publications
3. in public performances
4. in connection with any product or service that is not Nintendo's
5. in any manner that is likely to cause confusion among customers
6. in any manner that disparages or discredits Nintendo
7. or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights

Smashboards could arguably fall into the fourth and fifth categories (since Smashboards can be considered a service [and the Premium user status a product]), and this site could genuinely cause confusion among consumers who might view it as an official Nintendo site.

But yeah, like everyone else says, going after Smashboards would be the worst thing Nintendo could possibly do.

 

[vesperview]

Aren't this boards directly connected with Nintendo anyway?

 

[TheMastermind]

Hasnt anyone signed a contract for anything? A cell phone? a Job? a Medical procedure.
They throw in a bunch of crap so that if you ever anoyed them they can say whatever they want
because everything is in writeing.

Nintendo can sue smashboards anytime they want. But they wont enless we tell people not to buy the game.

 

[trio1000]

It sounds like a list of ways you cannot use the content, IMO. Reorganize it like this:

All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, may not be used:

1. on any other web site
2. in any publications
3. in public performances
4. in connection with any product or service that is not Nintendo's
5. in any manner that is likely to cause confusion among customers
6. in any manner that disparages or discredits Nintendo
7. or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights

Smashboards could arguably fall into the fourth and fifth categories (since Smashboards can be considered a service [and the Premium user status a product]), and this site could genuinely cause confusion among consumers who might view it as an official Nintendo site.

But yeah, like everyone else says, going after Smashboards would be the worst thing Nintendo could possibly do.

yea thats how i saw it too thats why i posted it

and i wasnt really too serious about it either, come on what company goes after ppl supporting their product?

 

[TheBuzzSaw]

Also, realize that in most cases, content owners do not have the right to say, "No one can use this on their own site!" Fair use circumvents such claims. As long as our purposes revolve around simply spreading the information (or analyzing it), there really is nothing they can do to us. If anything, we are only benefiting their game.

 

[headbusa]

technically it is "illegal" because its a venue of comercialism that isnt supported through nintendo thus it isnt regulated by those who have the material copywrited.

why throw us in jail though... its not like we are actually damaging the image of nintendo all they have is gain through this website.

 

[BokutoGuy]

its only helping nintendo why jail thousands of supporters

 

[Brockman5]

They would never file a lawsuit against smashboards...it would be the stupidest decision in the world...by far!!!!

 

[TheBuzzSaw]

They would never file a lawsuit against smashboards...it would be the stupidest decision in the world...by far!!!!

The RIAA did it to their customers. XD

 

[trio1000]

i didnt know how some ppl on these boards knew fancy legal speak

and i thought all you guys knew was fancy 1337

 

[Gralco]

"Super Smash Bros. Brawl, which this screenshot is from, is to be released for public purposes, and therefore, the screenshot is intended for wide distribution." - wikipedia says. screen shot is 2 words by the way

theres also that fact that we use their pictures and such with our opinions on them

 

[Misto-Roboto]

Ok, apparently a majority of you don't know how to read legal text. It is really simple, it is saying that the images can not be used (COMMA) under these said circumstances. So let's say we write an article in the Smash Blog which uses the pictures from the site to say that Nintendo is secretly plotting something with the KKK (something disparaging) and these pictures show content that is not real (a lie, slander, which could confuse their consumers), then Nintendo could find reason to look at us in a negative legal manner, but just having the pictures on the site isn't copyright infringement. Since we are not using these pictures in a way that infringes on Nintendo's IP rights, no one is in trouble.