3 ms·

The precedent is in place. Prior to the release of C&C4 EA release the original games for free online. Many different sites have hosted the files, everyone I ha

The precedent is in place. Prior to the release of C&C4 EA release the original games for free online. Many different sites have hosted the files, everyone I have seen has had ads.

rprasad 14y ago
That's not how copyright works. Copyright is specific to the manifestation. EA gave its blessing for sites to host the game install files as part of its promotion. EA does not appear to have given its permission to host this game. As long as this game is merely a tech demo, it is arguably covered by fair use to some degree (i.e., as educational). However, once you add in attempts to derive revenue the fair use analysis tips toward commercial considerations which are far less forgiving.
- belorn 14y ago
  Donations does not automatically mean a for-profit venture, nor does it has any affect on the legality of the use of the work in regard to fair use. Fair use in the US, as any legal interpenetration can only be made in a local sense, the fair use in the US has some prior cases where the affect on the market is used to determine if a fair use case is valid or not, but that doesn't require money to change hand.
  - smartwater 14y ago
    Collecting any amount of money changes the entire situation. If you're making money off their stuff, they care a whole lot more. Also, making money from it leaves a trail. Just follow the money.
  - rprasad 14y ago
    Donations does not automatically mean a for-profit venture, nor does it has any affect on the legality of the use of the work in regard to fair use. Donations do not mean a for-profit venture, but collecting cash for distributing someone else's IP does change the (1) how the IP holder will respond and (2) how the courts weight the fair use factors. The fair use factors are not determinative; it is a balancing test that looks at all the facts and circumstances surrounding the use of someone else's IP. Fair use in the US, as any legal interpenetration can only be made in a local sense, the fair use in the US has some prior cases where the affect on the market is used to determine if a fair use case is valid or not, but that doesn't require money to change hand. IP law is not as local as you think it is. All parties to the Berne Convention must honor the IP rights of an IP holder belonging to any other Berne signatory. In other words, the law of American copyright belongs to works created by American citizens, in any other nation which signed the Berne Convention (which is every nation that matters). Effect on the market is not a factor of the fair use test; that is a factor for determining the amount of damages to award for a violation of IP rights. But attempting to commercialize or otherwise monetize the distribution of someone else's IP is a factor that courts look at.

The precedent is in place. Prior to the release of C&C4 EA release the original games for free online. Many different sites have hosted the files, everyone I have seen has had ads.

rprasad 14y ago

That's not how copyright works. Copyright is specific to the manifestation. EA gave its blessing for sites to host the game install files as part of its promotion. EA does not appear to have given its permission to host this game. As long as this game is merely a tech demo, it is arguably covered by fair use to some degree (i.e., as educational). However, once you add in attempts to derive revenue the fair use analysis tips toward commercial considerations which are far less forgiving.

belorn 14y ago
Donations does not automatically mean a for-profit venture, nor does it has any affect on the legality of the use of the work in regard to fair use. Fair use in the US, as any legal interpenetration can only be made in a local sense, the fair use in the US has some prior cases where the affect on the market is used to determine if a fair use case is valid or not, but that doesn't require money to change hand.
- smartwater 14y ago
  Collecting any amount of money changes the entire situation. If you're making money off their stuff, they care a whole lot more. Also, making money from it leaves a trail. Just follow the money.
- rprasad 14y ago
  Donations does not automatically mean a for-profit venture, nor does it has any affect on the legality of the use of the work in regard to fair use. Donations do not mean a for-profit venture, but collecting cash for distributing someone else's IP does change the (1) how the IP holder will respond and (2) how the courts weight the fair use factors. The fair use factors are not determinative; it is a balancing test that looks at all the facts and circumstances surrounding the use of someone else's IP. Fair use in the US, as any legal interpenetration can only be made in a local sense, the fair use in the US has some prior cases where the affect on the market is used to determine if a fair use case is valid or not, but that doesn't require money to change hand. IP law is not as local as you think it is. All parties to the Berne Convention must honor the IP rights of an IP holder belonging to any other Berne signatory. In other words, the law of American copyright belongs to works created by American citizens, in any other nation which signed the Berne Convention (which is every nation that matters). Effect on the market is not a factor of the fair use test; that is a factor for determining the amount of damages to award for a violation of IP rights. But attempting to commercialize or otherwise monetize the distribution of someone else's IP is a factor that courts look at.