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Old 08 December 2008, 16:12   #1
BuZz
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Tidings of goodwill at xmas. Or not.

http://www.exotica.org.uk/wiki/Kang_Fu

if the takedown is genuine (which it may well be), then as the copyright holders, it is their right. We generally try to get permission for as much of the published material as possible, but it isn't always possible for every single added entry (like trying to get permission for every scan used on HOL)

Still interesting (and unfortunate imho) the approach they took. Certainly doesn't put them in a particularly good light, but then again I suppose any publicity is good publicity, so I guess I might be helping them!

Any legal experts here who can tell me if the 150 euro demand is legal? I'minclined to wait for them to take me to court (if they do). By taking the files offline as soon as it was brought to my attention, surely I have done as much as I can ?
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Old 08 December 2008, 16:17   #2
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Unbelievable! - Best of Luck
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Old 08 December 2008, 16:17   #3
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I meant to amend the topic name also to be more clear. oh well.
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Old 08 December 2008, 16:22   #4
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It is ironic that their name Great Effects Development is often truncated to GREED
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Old 08 December 2008, 16:24   #5
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I would also say that by taking down the files, you've done what you can. Best of luck that they don't close your site (would be a real pity if they do it )
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Old 08 December 2008, 16:34   #6
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Send them a drawing of a spider maybe? THen charge them the same amount for the time it is in their posession...

http://www.geekologie.com/2008/11/go...ts_drawing.php
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Old 08 December 2008, 16:38   #7
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rabbit. hehe ! I bumped into that one the other day. absolutely hilarious ;-)
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Old 08 December 2008, 16:44   #8
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Tis a bit harsh and considering the files have been removed, I can't think they will go ahead with it. You have done everything possible to stay within the law and for just one slight error, I can't see any court taking action. I just hope they can come to there senses and realise that this was a genuine mistake and withdraw the threat. Surely they can see the good in the website and for that alone, send some kind of appology.

I am sure all of EAB will be behind you, if this does go to court, and I, and other members of EAB, will support you in any way we can to resolve this matter quickly.

Good luck and keep us posted.
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Old 08 December 2008, 16:47   #9
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"you owe me 1.000.000 $, pay me till tomorrow or we'll see each other in court"

maybe this is stupid question, but did you get the complaint on paper or by an e-mail? I would not pay them, not yet anyway. Even if its not a hoax I dont think they would drag you to court for 150 euro.. well at least in Poland nobody would (its not worth of it)
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Old 08 December 2008, 16:48   #10
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Looking at it, I would say that you should be OK... In your copyrights section, you make it perfectly clear that files should be checked for copyright violation before submitting...
In essence this clears you from having responsibility... (or even knowledge that you were in violation)

Look at it this way - do YouTube pay a fine each time something is submitted and they have to take it down due to copyright? No - because users are told not to post anything that violates copyright agreements!
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Old 08 December 2008, 16:57   #11
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Quote:
Originally Posted by humble worm View Post
maybe this is stupid question, but did you get the complaint on paper or by an e-mail? I would not pay them, not yet anyway. Even if its not a hoax I dont think they would drag you to court for 150 euro.. well at least in Poland nobody would (its not worth of it)
by email which is why I have asked them to prove ownership and have not confirmed the authenticity. The email could have come from anyone.

I have already taken on legal advice, and it confirms that taking someone to court for 150 euros would be pointless.
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Old 08 December 2008, 17:12   #12
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I appreciate your support,kind & informative remarks. Thanks
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Old 08 December 2008, 17:12   #13
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To me each and every website covers there backs legally regarding matters of this nature, as Rabbit80 mentioned earlier.

I wouldn't worry too much, I think it's either a hoax, like you said, or some dumb ass creating a problem out of nothing and hopefully his boss will sack the imbosel for being a complete and utter pratt!
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Old 08 December 2008, 17:55   #14
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if everything goes wrong we start a collection here at EAB to raise the money
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Old 08 December 2008, 17:57   #15
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There was once a dispute on the Thalion Webshrine about music. In regards to the CD "Give it a Try" by Jochen Hippel. A few sharp emails and I never heard from them again.

Ask them to provide a copy of the employment contract between the company and the musician where it states that any music created by the artist during their employment remains the copyright of the company.

Very few musicians sign up to a contract like this. Even in the games industry. It's only if they were full time employees. Most musicians in the games industry are freelance and work for many companies at once and almost always retain copyright.

If they cannot produce the work contract signed by the musician (which I would imagine very few companies could from back then as they have all been thrown away by now) then chances are the musician can claim ownership and thus grant you publication rights.
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Old 08 December 2008, 18:01   #16
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rabbit. hehe ! I bumped into that one the other day. absolutely hilarious ;-)
Did you see this though???
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Old 08 December 2008, 18:03   #17
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Rabbit: No.. That is insane!
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Old 08 December 2008, 18:03   #18
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Noticeably absent was a link to ebay!
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Old 08 December 2008, 18:46   #19
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Noticeably absent was a link to ebay!
http://cgi.ebay.com.au/ws/eBayISAPI....0%3D%26fvi%3D1
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Old 08 December 2008, 19:15   #20
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more correspondence has been added to the page

http://www.exotica.org.uk/wiki/Kang_Fu
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