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ZippyDSMlee's picture
Joined: 2006-09-30

"New" Fair use

Toning down the vitriol and ranting and trying to take my rusty trains of fail, so GL come in and take a look at it.

[QUOTE]Ok we need a set of rights that allow the public to post online un harassed by frivolous lawsuits, 2 things build the foundation of this ideal "following the flow of money" and understanding that the only way the public can in any practical sense infringe upon IP/CP is by trying to make money off it without a license. Trying to control every instance of distribution and copying makes a lop sided system where the courts must be involved on a regular basis making things cumbersome at best.

There are 3 ways to do this one set percentage of quality and or amount of IP/CP’d item and ignore anything but direct sale. Two base fair use more on quality anything under 70% of retail quality that is not done for any profit. Or three base fair use more on “intent of profit” where you create a process where one can post and share anything online but may not use that item to gain any type of profit for any reason.

Sparked a similar line of thought on the main page
[QUOTE]Well first off to ensure the public is protected you can't release a book or comic and claim all of the IP/CP for said item, comic for comics/visual novels , book for book and writing, film for film and TV or web video production of 30 minutes or more for episodic style productions. This works in 10 year periods to keep the IP/CP claim alive, if the item in question never hits the 5 year mark then in all practicality all variants of the CP/IP are protected untill the 5 year mark is hit then the IP/CP is broken into the above sub sects at that time fair use protection claims(the IP/CP pwner complaining about non profit based uses of thier property) on the item in question get less protection for non profit use after 5 years of non use, this is a good way to sort out some things.

Now for the last bit of your question will any new sold to the public licensed release do? I would think not it would have to met basic profit standards of the day, those standards would be making X profit to 50% of whats considered a "block buster" or 1+ million item seller, if it fails to gain the publics notice then either the item in question is either let go of or you have a temporary public domain status of the IP/CP where anyone who can make a block buster level profit in the product wins the IP/CP rights maybe with giving 10% of made profits to the old CP/IP holder if they agree to transfer rights if not it falls to public domain. And I am being incredibly leiant here with these thoughts......[/QUOTE]



Ah modern gaming its like modern film only the watering down of fiction and characters is replaced with shallow and watered down mechanics, gimmicks and shiny-er "people".
Incoherence is my friend and grammar my bane, which is the fulcrum of suffering I place upon others!:ZippyDSMlee

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