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

TallSilhouette said:
elektranine said:

Countersue? For what?

Harassment, fraud, slander and libel, they're even suspected of trying to find and spread Jim's home address to incite further harassment and potential violence against him. If you've been following the Digital Homicide debacle you should know just how shady they are.

Harassment never sticks in court because you have to prove it caused actual physical harm such as a stomach ulcer.

Fraud is a criminal charge not a civil one. You cannot countersue for 'fraud' in most cases. Moreso they did not have any contract with sterling from which fraud could arise.

slander/libel are pretty out the window also because there is nothing they said publically that would constitute that.



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Dr.Henry_Killinger 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.

Neither do you apparently. 

a fair use is any copying of copyrighted material done for a limited and “transformative” purpose - See more at: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.IU88F0as.dpuf

If you are commenting upon or critiquing a copyrighted work — for instance, writing a book review — fair use principles allow you to reproduce some of the work to achieve your purposes

Copyright Claims(Temporary) do not equal Copyright Takedowns(Permanent), the takedown is when said claim is succesful because of a violated copyright.

Playing a videogame alone is transformative, commenting/critiquing it is clear fair use.

What you linked to is not from a law library and is from a regular library resource. In fact it is somebody's blog posting. Not the most credible source of information on legal definitions. A law library would be much better.

 

And thanks for pointing out Jim Sterling's non-fair use of their copyrighted work. The video he created was not a critic of the game. Nor was the video created to satire/parody the game. He created the video specifically to financially enrich Jim Sterling through ad revenue. That goes outside the bounds of fair use. You have to understand that his video was not a review in any way.



elektranine said:
Dr.Henry_Killinger said:

Neither do you apparently. 

a fair use is any copying of copyrighted material done for a limited and “transformative” purpose - See more at: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.IU88F0as.dpuf

If you are commenting upon or critiquing a copyrighted work — for instance, writing a book review — fair use principles allow you to reproduce some of the work to achieve your purposes

Copyright Claims(Temporary) do not equal Copyright Takedowns(Permanent), the takedown is when said claim is succesful because of a violated copyright.

Playing a videogame alone is transformative, commenting/critiquing it is clear fair use.

What you linked to is not from a law library and is from a regular library resource. In fact it is somebody's blog posting. Not the most credible source of information on legal definitions. A law library would be mufh better.

 

And thanks for pointing out Jim Sterling's non-fair use of their copyrighted work. The video he created was not a critic of the game. Nor was the video created to satire/parody the game. He created the video specifically to financially enrich Jim Sterling through ad revenue. That goes outside the bounds of fair use. You have to understand that his video was not a review in any way.

A blog post by an attorney (which you claim to be), on Stanford official library domain. It's a lot more credible then someone on the internet who isn't verified and isn't backed by a university.

Furthermore, before you claim that the video is not a critique/review you need to proof it, the burden of proof is on you. 

It doesn't matter if the video has ad revenue, that's a nonsequitor and isn't related to fair use in any way. Newsflash, parody or critque doesn't stop becoming parody or critique if you make money off of it. If this is your sole piece of evidence, go back to the drawing board.



In this day and age, with the Internet, ignorance is a choice! And they're still choosing Ignorance! - Dr. Filthy Frank

You know guys, if a law firm tells you to have a case, and then they want you to come up with money to to fund their services first, that case may not be as rock solid as you think.



“It appeared that there had even been demonstrations to thank Big Brother for raising the chocolate ration to twenty grams a week. And only yesterday, he reflected, it had been announced that the ration was to be reduced to twenty grams a week. Was it possible that they could swallow that, after only twenty-four hours? Yes, they swallowed it.”

- George Orwell, ‘1984’

I somehow feel bad for those that are so much in denial as digital homicide,they only learn after crashing down hard.