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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Fair use does NOT apply to unpublished work.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.

You can see here that it started on "FAIR use does NOT apply to unpublished work".

And Sony DMCA was regarding the leak wich is unreleased work, not on their trailer being commented.

Plus It is use without consent for profit. Quite easy to show since they put on youtube to get money from ads.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."