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Pirates as a Marketplace 214

John Riccitiello, the CEO of Electronic Arts, made some revealing comments in an interview with Kotaku about how the company's attitudes are shifting with regard to software piracy. Quoting: "Some of the people buying this DLC are not people who bought the game in a new shrink-wrapped box. That could be seen as a dark cloud, a mass of gamers who play a game without contributing a penny to EA. But around that cloud Riccitiello identified a silver lining: 'There's a sizable pirate market and a sizable second sale market and we want to try to generate revenue in that marketplace,' he said, pointing to DLC as a way to do it. The EA boss would prefer people bought their games, of course. 'I don't think anybody should pirate anything,' he said. 'I believe in the artistry of the people who build [the games industry.] I profoundly believe that. And when you steal from us, you steal from them. Having said that, there's a lot of people who do.' So encourage those pirates to pay for something, he figures. Riccitiello explained that EA's download services aren't perfect at distinguishing between used copies of games and pirated copies. As a result, he suggested, EA sells DLC to both communities of gamers. And that's how a pirate can turn into a paying customer."
Role Playing (Games)

Developer Explains Clone/Transhumanist RPG 41

destinyland writes "How much would you use technology to change yourself if humanity faced extinction? In this interview, the two creators behind Eclipse Phase explain their bizarre role-playing game, which 'expands the transhuman conversation.' All the characters can be identical clones, and when you switch bodies, it affects your core characteristics while damaging your sanity. But its spookiest concept is close to reality today: the idea of universal surveillance in which 'everything is networked and equipped with sensors and all meshed together.'"

Comment I am a copyright lawyer... (Score 2, Insightful) 547

... though you should take anything I say as general information rather than advice specific to your issue.

The DMCA safe harbor provision is intended to cover user-generated content posted to your website by a third party. The idea is that you, as a website operator, should not responsible for someone else's conduct so long as you take it down.

There is also case law (Lenz v. Universal) out of a California District Court holding that a copyright owner has an obligation to consider whether or not a particular use of its work is fair use *prior to sending a DMCA takedown notice,* and that failing to do so could constitute bad faith abuse of the DMCA.

Sending a counter-notice, as you appear to have done, is definitely a good way to go especially if you believe that the reproduction of approximately 13 percent of the MMPI constitutes fair use. However, you seem to be in an odd situation. The normal case is for the website operator (you) to take down the post and notify the original author (the user). Then the user decides whether to file a counter-notice.

That being said, whether or not copying the questions constitutes fair use depends largely on a few things, which are embodied in the four-factor test that someone has surely mentioned in a post by now.

As a practical matter, it's all about context. Did you do anything other than just posting the questions? Showing that you used the questions as part of a larger work where you contributed your own thoughts and expression would make your fair use argument stronger (it's not copyright infringement - it's citation!). If all you did was copy the questions and post them without much of what courts call "transformative" use (i.e. creative input on your part), then that weakens your argument.

Looking at the Google Cache of the original post, it seems to consist of a brief introduction:

"I have done quite a bit of research on the MMPI 2 used by psychological testing. Here's the first 75 out of 567 questions. I could give out rest of them & how some of them are interpeted by psychologists for advice on admitting past history on the psych & medical tests. See my post on "Help with Admissions for Psych & Medial""

And then the rest is the questions. So the issue is whether or not the user-contributed content is enough.

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