Oh, then I guess I might have understood what Chief was trying to explain with that Natalie Portman's example. So it isn't anything like that Kevin Pietersen one day comes knocking down the door of BA studios and say: 'Ello mate. I didn't see mself being licensed for the DBC game but I see I'm in the game, aren't I? Now you buggers owe meself a certain amount of money. (Bad impression, I know!)
Post your questions about the game here!
- Thread starter MattW
- Start date
BigAntStudios
@Ross
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Notwithstanding the idea that you have to show a contributory breach, which would be like suing a gun manufacturer for a massacre, or in this case more like YouTube (or a forum
) for their user generated content, once you cross that huge divide you then have the complex issues involved with what is called a "chain of title" that vary from nation to nation.In essence I would prefer to be the one defending such a writ than the one issuing it as it would have implications for all user generated content that is on the internet - it would be a very costly case to run.... and just in case anyone is reading this, it is one I would most vigorously defend
The Cricket Academy is published by Big Ant Studios SBN BHD in Malaysia btw
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nah, we send him to your 'ouse mate coz you made'im.
BRAB
International Coach
Notwithstanding the idea that you have to show a contributory breach, which would be like suing a gun manufacturer for a massacre, or in this case more like YouTube (or a forum
In essence I would prefer to be the one defending such a writ than the one issuing it as it would have implications for all user generated content that is on the internet - it would be a very costly case to run.... and just in case anyone is reading this, it is one I would most vigorously defend
I'm loving Ross' legal talk here, and I imagine his reply to Cricket Australia was in a similar vein to this
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blockerdave
ICC Chairman
I'm loving Ross' legal talk here, and I imagine his reply to Cricket Australia was in a similar vein to this
my particular favourite bit was flagging up the CA jurisdiction...
Interesting paragraph from what Chief posted:
From that it looks as if Big Ant are better covered than Trickstar who are releasing unlicensed teams which make use of jersey numbers, skin tones, hair colours, career statistics etc.
From that it looks as if Big Ant are better covered than Trickstar who are releasing unlicensed teams which make use of jersey numbers, skin tones, hair colours, career statistics etc.
I think it HAS to be the actual owner. Same as per YouTube.
Of course, if you had an exclusive agreement with the IP owner and someone else was using it, you'd probably make a call...
Notwithstanding the idea that you have to show a contributory breach, which would be like suing a gun manufacturer for a massacre, or in this case more like YouTube (or a forum
In essence I would prefer to be the one defending such a writ than the one issuing it as it would have implications for all user generated content that is on the internet - it would be a very costly case to run.... and just in case anyone is reading this, it is one I would most vigorously defend
Every year PES fans produce option files which use the PES editing tool to recreate teams, players, names, badges, kits and stadia to true likeness, and they share this content with 1000s of fans all over the world. In fact some fans even charge for their work. This has been going on for 15 odd years and nobody has been able to stop them.
It's important to note that this editing and creating of option files has nothing to do with Konami. They simply provide an editing tool for legitimate use.
Same applies here.
DAP1987
School Cricketer
I'm glad this has been discussed, i've wondered why BA didn't just create all the player to look like their real-life counterparts and just use names like "S Wotsan" "J Andorsen" and make it easy for us just to swap letters around, but all makes sense now.
The CA is brilliant though, and being able to download other peoples work makes it loads better because my attempts would be pathetic!
The CA is brilliant though, and being able to download other peoples work makes it loads better because my attempts would be pathetic!
But as per the article the lawyers would that Konami have made clear who the players are meant to be even with fake names which means they are using those players to promote the game.
The whole area looks like a total mess to be honest. Here is Trickstar paying for licensed players from Aus/Eng and having restrictions inbuilt (like can't add those players to composite teams etc) and yet without a license the possibilities are far greater.
The whole area looks like a total mess to be honest. Here is Trickstar paying for licensed players from Aus/Eng and having restrictions inbuilt (like can't add those players to composite teams etc) and yet without a license the possibilities are far greater.
Not *exactly* the same. Big Ant are hosting the content, and are taking responsibility for it by having the ability for an IP owner to report any infractions... which Konami don't as far as I know?
BigAntStudios
@Ross
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- Melbourne
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- Don Bradman Cricket 14 - Xbox 360
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Big Ant Studios SBN BHD (Malaysia), the host, take no responsibility for the content generated by its users.
That said, I believe we are good corporate citizens, acting appropriately and within a similar framework as YouTube and other internet storage service companies.
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It hinges on jurisdiction and in general the "reasonable persons test" - would a "reasonable person" believe that there was "passing off".
Is this legal stuff boring people?
That said, I believe we are good corporate citizens, acting appropriately and within a similar framework as YouTube and other internet storage service companies.
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It hinges on jurisdiction and in general the "reasonable persons test" - would a "reasonable person" believe that there was "passing off".
Is this legal stuff boring people?
angad
Chairman of Consent
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- Apr 30, 2004
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Yes please.....would rather hear about the gameplay in DBC14
Or better....watch a new video on it
MattW
Administrator
How does the legal stuff impact Legacy Mode?
D
Dutch
Guest
Yes legal people are boring....but , hey, everyone has a job to do. Now where did I put my "Grab-a-Trash" litter stick. Afternoon shift again.
isrararrafi
Panel of Selectors
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Theoretically speaking, what if those people contact you to hand over the information on the people who generated these contents without licenses, to sue them? Be it IP addresses or email addresses.
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