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Old December 14th, 2010, 04:55 PM

Muse Muse is offline
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Default Re: Should banned user mods/maps/etc be deleted from these boards?

Quote:
Originally Posted by Soyweiser View Post
Creating a mod of copyrighted IP in another copyrighted IP does not an will never ever release anything in the public domain.

I'm not obfuscating the point. You are using public domain wrong. Sure the creators of the mod do not gain the copyright for the mod. But neither is the mod released to the public domain. Public domain is never the issue here. Unless the creator of the mod (a mod which is not based on a third party IP) released it specifically to the public domain. Which nobody ever did as far as I could recall.

So my point stands. You misused public domain.
Saying something vehemently enough does not make it true.
You have no point, because you have no evidence, like many other comments made both about the game mechanics and otherwise.

Releasing a work to a publicly available website without meeting the criteria for Berne Convention attachment (originality, derivative-work copyright) places it in the public domain. Period.

Anyone accessing the website can take, modify, repost, and make collages with the mods here without even needing a lick of Fair Use justification.

Quote:
Originally Posted by LDiCesare View Post
In France they definitely can. Except for software for some reason. The code de la propriété intellectuelle goes so far that there are some rights that cannot be legally transferred (moral rights), and these include the right to no longer allow publication of one's work.
The 'droit de repentir' even in the case of a fully copyrighted work is under the purview of the Court, which can and has denied the right when its exercise would be abusive or was requested under 'disingenuous motives.'

In France, it would be technically legal for the great-grandson of an original author to request the cessation of production, distribution, and display for, say, a book such as The Lord of the Rings.
Will it be denied? Yes. Cultural facet.
Further, it is only enacted at the payment of damages to all owners of the property rights. If the property rights have lapsed into public domain, the damages would be considered infinite.

The 'moral rights' of France even apply to architectural plans, and I must say, the actual court cases for their invocation on those are very amusing.

Last edited by Muse; December 14th, 2010 at 05:19 PM..
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