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SpokenTruth said:
DonFerrari said:

1). It is confidential and 2). under IP protection. So people preying and festering on the leak know they are in the wrong and are no angels that need protection.

1). Confidentiality is only relevant when you've signed a Non-Disclosure Agreement.

2). IP Protection is only relevant when one entity explicitly utilizes the IP of another for profit without consent. Commentary of an IP is not considered usage of said IP.

drkohler said:

Too bad but you picked the 1%

Fair use does NOT apply to unpublished work. There's at least two Supreme Court Decisions nailing that.

Any photos or videos published for marketing purposes falls under Fair Use for they are published materials.

DonFerrari said:

1). Copyright infringment is against the law, it isn't a secret. And even if it was personal secret depending on the case it is also a crime to disclose it, 2). could be considered breach of privacy in the least even if you go by "hearsay".

1). Nothing I've seen constitutes as copyright infringement. Otherwise you're infringing on copyright every time you say or write Sony, Naughty Dog, The Last of US, etc...

2). This is only valid if the leaker was under a Non-Disclosure Agreement with Sony or ND and not valid for anyone after the fact.

Bold: Yes and no,ultimately the federal court can decide if something is fair use or not by using kinda tranformative rules.

These are the four main rules:

  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.

All of these rules are debatable depending on the side/position using them and that is what makes this all a bit tricky.