Re: Copyrights, Trademarks, Patents, and branding irons
Posted: Sat Oct 18, 2014 4:46 pm
The last time the Wii U updated I spent several hours trying to find the license agreement changes in English while my console was basically nonfunctional.
Hold on to your butts.
Thad wrote:...I think even a private arbitration clause (do they have one?) isn't going to go their way on this one.
This is part of a dangerous trend. Last month, the New York Times reported that some auto loans are accompanied by "starter interrupter" devices that can shut down your car if you're a few days late with a payment or drive out of a designated area. People were suddenly prevented from driving their children to the doctor, stranded when they tried to escape domestic abuse, and in some cases had their cars deactivated while they were on the road. These extreme consequences came without judicial process, and often without notice.
Does someone become a "repeat infringer" when a judge rules they have repeatedly violated copyrights? If so, the music publishers and Rightscorp have many more hoops to jump through before they have any hope of beating Cox in court. Conversely, if a judge believes Rightscorp's notifications are enough to find a user is a repeat infringer, then Cox could be in trouble.
It's a question most big rightsholders haven't been eager to resolve in court, because it's a huge gamble. A copyright-maximalist outcome could give them more enforcement tools, but if legal precedent gets set in a defense-friendly way, they could end up with far less leverage over ISPs than they have now. Since most major ISPs are compromising on the issue and slowly moving forward with a "six strikes" system, there've been incentives on both sides not to go to the mat on this issue.
In a 71-page brief, though, the ESA says that these kinds of workarounds can't be separated out from the wider piracy-prevention functions that the DMCA protects against. To add third-party server support to a console game, for instance, the ESA argues that a user has to first get around access controls built into the software and the hardware itself to modify the code. "Consequently, the proposed exemption would, in effect, eviscerate virtually all forms of access protection used to prevent video game piracy."
"Contrary to the proponents’ claims that they should be able to 'play games that they have already paid for,' circumvention would enable users to avoid paying for a variety of online services, including network-based multiplayer gameplay, and get a better deal than they bargained for... users generally are not entitled to access online services (including multiplayer gameplay) as a result of purchasing a game," the ESA says.
According to DC Entertainment, nobody.
That’s right. Caitlin Snow, the brilliant scientist working for Harrison Wells, fiancée of Ronnie Raymond and friend of Barry Allen, aka The Flash, sprang fully formed into existence without a creator or creators.
But that’s okay, because, by the logic employed by DC Entertainment, nobody created Barry Allen either.