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The latest issue of the 9th Scroll is here! You can read all about it in the news.

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    It would be where the infringement took place.

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    Now I ask you, after reading that, does it give you a warm and cozy feeling that, yeah, this is Fair Use? Heck, if judges can't even figure out what is and is not Fair Use, that does not bode well nor would I want to rely on it. However, i suppose there are lots of differing opinions about lots of things, this is why law suits happen right? I'm more risk adverse that this guys it seems. But the move toward 2.0 eliminates all these questions. At least I want you to know that things actually are b…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    Other Factors / Issues There are additional factors that courts may consider. For example, one such factor is acknowledgement of the copyrighted source. Giving the name of the photographer or author may help, but it does not automatically make a use “fair.” While plagiarism and copyright infringement are related matters, they are not identical. Plagiarism (using someone's words, ideas, images, etc. without acknowledgment) is a matter of professional ethics. Copyright is a matter of law, and prot…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

    Post

    A “Fifth” Factor – Are You Bad? As stated previously, quite often seemingly contradictory decisions are made by the courts. This is because Fair Use necessarily involves subjective judgments, often affected by factors such as a judge or jury’s personal sense of right or wrong. Offensiveness is not listed as one of the Fair Use factors, however, it is not surprising to see a morally-offended judge or jury find against Fair Use due to the nature of the work claiming to be fair. For example, in one…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    The Effect on the Work’s Value The fourth statutory factor looks at the effect on the copyrighted work’s value. This factor looks at what effect the use has on the copyright owner’s ability to exploit their original work. The burden of proof sits with the copyright owner to prove the negative impact. For example, in Sony Corp. of America v. Universal City Studios, Inc.,[1] the copyright owner failed to provide any empirical evidence that the use of Betamax had reduced their viewership or negativ…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

    Post

    The Amount and Substantiality The third factor looks at the amount and substantiality of the material that was taken. As a rule, the less that is taken in relation to the whole, the more likely the use will be considered fair. However, using most (or even the entirety of) a work does not bar a finding of Fair Use. It simply makes the third factor less favorable to the defendant. For example, in Sony Corp. of America v. Universal City Studios, Inc.,[1] copying of an entire television program for …

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    The Nature of the Copyrighted Work The second factor to consider under the statute is “the nature of the work”. While the courts are not supposed to weigh the artistic quality or the merit of the work (tell that to the Cariou court), many courts do consider a certain aspect of the work to be important, namely, whether the work is a work of fiction or is historical in nature. It is well understood that facts belong to the public domain. Only the particular creative expression of the author can be…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    The Purpose and Character of the Use In looking at the four factors, the first listed is the “purpose and character of the use”. This factor generally considers whether the use is commercial in nature or for nonprofit educational purposes. The question has often been asked as to whether the use advances knowledge of the arts through the addition of something new. Additionally, a large consideration is determining the extent that the new use has transformed the original work. The Supreme Court ha…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

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    There is a lot of uncertainty and misunderstanding surrounding the subject of Fair Use. What constitutes whether the use of another’s copyrighted material is “fair”? When does the use serve the interest of society in general, such that the use should be allowed by the courts? Before discussing what use is considered “fair”, it would be helpful to outline exactly what rights copyright law bestows on an author. Under copyright law, an author is given the exclusive right: (1) to reproduce the copyr…

  • Sinking Ship Discussion

    Mr.Owl - - General Discussion

    Post

    So, I have read an article about a sinking ship ... well, the discussion that we have taken internally is that open debate is a good thing. My personal opinion is that censorship is not the best way to deal with negative articles. However, that article is riddled with inaccuracies and partial facts. I'm of an opinion that it is better to openly discuss the issue. So this is my discussion of one aspect of that article, the legal part. The author has said "Besides, (being a lawyer myself) I wonder…

  • Thread is closed.

  • Quote from Kazandu: “Phil Karl is challenging before Gene Phelps starts making stupid comments ”

  • Nice to see this thread set up @XaireTharisae! This thread can be used to coordinate who is going to what tournament. BTW, congrats to Max on coming in second at Buckeye Battles! That was an amazing finish. As I know everyone from Facebook but not their screen names here, this is steve simonis (mr.owl). So, who is going to Philly in September?

  • Building your local scene

    Mr.Owl - - General Discussion

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    Quote from Windelov: “80% males age 20-35 ” I guess I'm outside the 80% demographic.

  • Building your local scene

    Mr.Owl - - General Discussion

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    As an aside, I will say that certain aspects of the project (the management part of things) can be very wearing (draining) on me personally, especially dealing with disputes among the staff. But showcasing the game, playing it with my friends, being out with people at the game store, attending tournaments, these are the things that recharge my batteries. So I'm going to focus on building my local scene a bit more, which will up my enjoyment of T9A considerably. In case anyone is reading this, th…

  • Building your local scene

    Mr.Owl - - General Discussion

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    Quote from Arhain: “Out of curiosity, will you be using the Quick Starter version? Or simply walking players through their options as they play (ex. "I want to shoot them", you go, "Ok, you pick up the dice and do this...") ” I know there are a number of war gaming veterans at that store already. So I will probably have both the QS and full versions and can show both depending on what they want to see. I can see them wanting to see demo games or demo phases and so on. I just plan to be flexible …

  • State of 9th age in the US

    Mr.Owl - - US Masters

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    Quote from The beninator: “I mean, we could set up a couple tables at Burning Man too ”

  • This is great! I'm gonna list a few peeps myself: @Scottish Knight @Mr.Gobbo @Blonde Beer @'Grimbold Blackhammer' @Bugman @Arturius @lawgnome @fjugin @Giladis

  • T9A in Poland

    Mr.Owl - - Poland

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    That's an interesting take, a "living game." I think T9A is a "living game" for sure, but what we don't have is a corporate juggernaut that is pushing it's model sales to give us the extra boost. I think that if this game is going to flourish, or survive, it's going to have to be on the backs of a proactive community. That takes time and initiative and dedication. I have some good ideas from this thread and will push forward in my corner of the world. But I love hearing the success stories that …

  • State of 9th age in the US

    Mr.Owl - - US Masters

    Post

    Quote from infamousme: “That's an awesome turnout. I've never attended a tournament with more than 30 people before. I don't travel to tournaments though, so I'm sure that's why. Don't think we could pull something that big in Southern California. ” You should get in touch with @Grimbold Blackhammer as he is in So. Cal. too. He could probably plug you in with some guys in the area. BTW, I grew up in Long Beach / Seal Beach area. Where to you live?