I'm not changing my argument, I'm referring to how copyright law has been used, in situations where strict trademark enforcement is ignored as long as the content suits the wishes of the trademark owner. See Apple for examples of this, or some of Fox's prior actions towards fan websites. I then specifically included the mod creation as an example of what I think should be permtted, and I explained why.Grifman wrote:That's a bogus strawman that no one is arguing for. Freedom of speech, as long as it is not slanderous or libelous, is not going allow that site to be closed because of criticism. It's ridiculous for you to bring this up, as this is clearly not the topic of discussion.The Mad Hatter wrote:In my eyes, MGM suppressing a website selling SG1 action figures is acceptable, while forcing another one down because they didn't like the complaints about the show's flaws is not.
You seem to change your argument at the slightest whim . . .
MGM kills HL2 Stargate mod
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- The Mad Hatter
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Enforcement of one's copyrights is entirely the prerogative of the copyright owner. They're free to decide who gets to, and does not get to use it, and can do so based on entirely selfish conditions. They can, for instance, let game fans and fanfic writers have their way with them, but choose to cease-and-desist porn sites and hate sites that use them. They aren't required to approach each incidence of infringement equally, nor fairly - they're private companies or individuals, not the government.
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Yeah, there are a few reasons. SIM is right on the notice part, perhaps they don't know about it. Also, there is also the factor of money. Big companies will go after it IF you have money they can get for copyright infringement, but not if you are some 16 year old making marvel skins. It's not worth their time. Suing the 16 year old won't make money...but suing CoH which has a strong revenue stream...will (especially if you can get the court to award you a license, which means free royalty stream).Suitably Ironic Moniker wrote:Perhaps Marvel hasn't seen this pack. I guarantee if you forwarded that link to them, the modders would have a cease & desist email faster than a speeding injunction.
Also, Hell's Taco, porn fits under the stupid exception of satire. Within limits; you can satirize the name, but you cannot have Mickey Mouse, the character, having sex within the pron. That places you outside the defense of satire. Usually, it's just the name to make you laugh. So, you can sue the pr0n company, but again...it has to be worth the money. IP litigation is one of the top 3 most expensive litigation to pursue (IP, mass tort, and class action are your top 3. I recently read a patent case that had litigation costs of 200 million. That's right, the COST of litigation was 200 million; the damages was separate from that...). You had better be willing to pony up the big bucks to pursue this kind of action, and most companies just don't think it's worth it.