habisain
Tentacle God
- Joined
- Jul 15, 2012
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Re: [RJ139385] Rune's Pharmacy
Um, that's pretty much what I said. DMCA requires a good faith claim from the copyright holder or someone authorized on their behalf. Now obviously there can be people who submit fraudulent claims, but unless the hosting provider has reason to believe the claim is not being made in good faith, they have to honor it. Of course, it could challenging if the claim was made in good faith could be one aspect of a counterclaim notice.
As to if fan translations are fair use? No, they're not. Going into legal babble, a translation of a work is considered a derived, but independently copyrightable work. If you have permission from the original creator (like, for example, my VPM translation), then you have the full protections of copyright law, and all the rights that entails. But without permission, you got nothing, and are a valid target for takedowns etc. Whether or not it makes sense to suppress fan translations is another matter entirely. Most of the big game companies don't. Heck, there's quite a few instances of fan translations being officially licensed. But that is a whole other kettle of fish.
Now it's probably best to get back on the topic of Rune's Pharmacy translation and where it can be hosted. I've personally had good times hosting my patch's on Assembla (friendly ToS+AUP, version control, download hosting) and not had any issues with takedowns being submitted. While this might be because one of my patch's has permission, I suspect it's because Assembla does not appear to have a streamlined DMCA procedure for whatever reason.
I don't think so mate, have you never seen a DMCA link pretty much every direct-link/torrent/image site?
I never tried following one of these links but my guess is pretty much no one is going question or verify your claim, they just assume the claim is right a let you make a counter claim if you indeed have the rights.
Um, that's pretty much what I said. DMCA requires a good faith claim from the copyright holder or someone authorized on their behalf. Now obviously there can be people who submit fraudulent claims, but unless the hosting provider has reason to believe the claim is not being made in good faith, they have to honor it. Of course, it could challenging if the claim was made in good faith could be one aspect of a counterclaim notice.
As to if fan translations are fair use? No, they're not. Going into legal babble, a translation of a work is considered a derived, but independently copyrightable work. If you have permission from the original creator (like, for example, my VPM translation), then you have the full protections of copyright law, and all the rights that entails. But without permission, you got nothing, and are a valid target for takedowns etc. Whether or not it makes sense to suppress fan translations is another matter entirely. Most of the big game companies don't. Heck, there's quite a few instances of fan translations being officially licensed. But that is a whole other kettle of fish.
Now it's probably best to get back on the topic of Rune's Pharmacy translation and where it can be hosted. I've personally had good times hosting my patch's on Assembla (friendly ToS+AUP, version control, download hosting) and not had any issues with takedowns being submitted. While this might be because one of my patch's has permission, I suspect it's because Assembla does not appear to have a streamlined DMCA procedure for whatever reason.