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Forums - Gaming Discussion - Angry Game Dev Sues Jim Sterling for $10 MILLION

elektranine said:
Nem said:

Digital homicide are scum. I hope there is some sort of compensation they will have to pay Jim for this. They are oportunistic... well scum... no better world to describe the work they leech off others and the scams they sell.

I really hope this turns around and Jim (and the courts) show that their behaviour is the one that is intolerable.

You just defended the end of freedom of speech. Did you hit your head somewhere? The games would still be better or worse. No one would simply be allowed to tell you about it.

Freedom of speech does not allow you to steal the copyrighted works of others.

What's so hard understanding that?

What the hell are you talking about? Besides, homicide games actually just rips assets from other sites, puts them together and calls them complete.

So... you defend we shouldn't be able to talk about anything without the creators express permission. Do you know what that is called? Fascism. Look at the word "copyrighted". I'm sure Jim isn't copying their "work" and i doubt its illegal to show footage of a game thats been released to the public already.

This is a battle about freedom of speech. Homicide games should be made an example of that. I hope the judge and jury make this a result to be remembered.



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elektranine said:
I funny how most users here know nothing about the law or what fair use constitutes. What he did was illegal and not covered by far use. You cannot make a video of a copyright work in any way and just claim it as 'fair use'. Fair use only applies when the entire video is critic or satire based. Even when something is legitimate fair use that goes away completely when the copyright work is harmed in any way.

Why do you think any lets play video can be claimed by the ip holder.

Enough with the armchair lawyers.

Alright, you've got my attention. State your case for why these particular videos are not fair use.



elektranine said:
I funny how most users here know nothing about the law or what fair use constitutes. What he did was illegal and not covered by far use. You cannot make a video of a copyright work in any way and just claim it as 'fair use'. Fair use only applies when the entire video is critic or satire based. Even when something is legitimate fair use that goes away completely when the copyright work is harmed in any way.

Why do you think any lets play video can be claimed by the ip holder.

Enough with the armchair lawyers.

That makes no sense.

Hmmm. Did you just shoot yourself in the foot with this?

Any critic's review can technically harm a game's sales or the IP but yet it's still fair use. 



So.....freedom of speech isn't a thing anymore? I don't like people being dickholes anymore than anyone else. But that's part of the free speech package, is that OTHER assholes are also allowed to say whatever they want. The "so long as they're not hurting anyone" bit is a blurry line, and not always easy to sus out.

But regardless which side you stand on this......America is ridiculous. Suing someone for MILLIONS of dollars, far far more than your little Steam games will ever make, because they and their dickhole fans make comments that upset you? Harassment I get. And that shit needs to stop. Bullying is not okay, if you don't like something, then fuck off and go like something else. But what does suing for MILLIONS of dollars, or any dollar amount really, actually accomplish?

I've always wondered this. Especially with truly fucked up cases like lawsuits over deaths. Like......is getting MILLIONS of dollars, going to bring your loved one back from the dead? Or is it just that suddenly being rich will help you find "piece of mind"? Because to me, there is no "justice" being attained by basically getting rich off of the death of someone you supposedly cared about. If anything, it seems like you're taking advantage of the situation and dishonoring their memory. *shrug*



Sounds more like the AVGN has a case against this guy than these devs.



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If my understanding is correct libel applies to lying, not giving a negative opinion.



Nem said:
elektranine said:

Freedom of speech does not allow you to steal the copyrighted works of others.

What's so hard understanding that?

What the hell are you talking about? Besides, homicide games actually just rips assets from other sites, puts them together and calls them complete.

So... you defend we shouldn't be able to talk about anything without the creators express permission. Do you know what that is called? Fascism. Look at the word "copyrighted". I'm sure Jim isn't copying their "work" and i doubt its illegal to show footage of a game thats been released to the public already.

This is a battle about freedom of speech. Homicide games should be made an example of that. I hope the judge and jury make this a result to be remembered.

Its clear you don't understand what you are talking about. In the United States 'freedom of speech' has many limitations created by either court rulings or federal laws. One such limitation is commonly known as copyright law. I am talking about legal definitions here not webster dictionary. When an entity creates a creative work it is automatically protected and they get to control all rights to that work. Creating a video "work" based on another's work becomes known as a derivative work. You cannot do this without the expresss premission of the origional copyright holder, else that is considered copyright theft. There are a few builtin exceptions to copyright law such as fair use. In the US fair use has been very narrowly defined by court precedent & federal law. You can make a review of something and that's fair use. You can make parody/satire of something and that's considered fair use also. But you cannot make a video of anything for any other purpose without the IP holder's OK. The fair use exception also goes away entirely when a copryrighted work is harmed in any way by that fair use. Stearling is in very big trouble with this as there is massive court precendent for this and he has no legal defence.

I took the liberty of striking through any thing which I did not say or anything that I did not address.



Ka-pi96 said:
elektranine said:
I funny how most users here know nothing about the law or what fair use constitutes. What he did was illegal and not covered by far use. You cannot make a video of a copyright work in any way and just claim it as 'fair use'. Fair use only applies when the entire video is critic or satire based. Even when something is legitimate fair use that goes away completely when the copyright work is harmed in any way.

Why do you think any lets play video can be claimed by the ip holder.

Enough with the armchair lawyers.

Especially you...

Their copyright claim was shut down and the video allowed back on youtube for a reason...

I am not an "armchair lawyer". I have had legal training, what do you guys know on the matter other than the "freedom of speech" phrase?

And lol since when is youtube the law of the land or the decider on copyright matters?



noname2200 said:
elektranine said:
I funny how most users here know nothing about the law or what fair use constitutes. What he did was illegal and not covered by far use. You cannot make a video of a copyright work in any way and just claim it as 'fair use'. Fair use only applies when the entire video is critic or satire based. Even when something is legitimate fair use that goes away completely when the copyright work is harmed in any way.

Why do you think any lets play video can be claimed by the ip holder.

Enough with the armchair lawyers.

Alright, you've got my attention. State your case for why these particular videos are not fair use.

I am not doing your work for you but here is a link of interest:

http://copyright.cornell.edu/policies/docs/Fair_Use_Checklist.pdf

 

You will see that the video in question fails almost all the tests for fair use.



Just when I thought things were calming down between them...At this point I hope Jim countersues and successfully sorts them out for a good long while. If nothing else this should be entertaining.