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I mean that the website and domain who are being targeted by the accuser don't even get a chance to defend themselves. Someone asks for a court order and if they get it the affected website would then have to go to court and fight a massive legal battle to prove that the material is not infringing copy right. Meanwhile their website has effectively been blocked to people in the US who don't know how to get around the provisions set forth by the bill and all add companies are disbarred from supplying ads to the website. So with their source of income substantially hurt the website owners then have to fight the battle in a court against either the federal government or a mufti-million dollar corporation to make it stop. Ex. my tumbler blog has a 2D animation project that I made for school on it. The animation contains music from a Yoshida Brothers song. Despite the fact that it's an academic work and thus exempted from copy right they could probably convince a judge somewhere that it's not exempt because the music is not the point of the animation. Now Tumbler get's shut down because I embedded the video there, youtube gets shut down because I hosted it there, and I get charged with a Felony for distributing copy righted works. If it's a foreign website they would then have to risk coming to the U.S. to make it stop.

Instead of the way it is now where a company/artist submits a DMCA take down notice to a site hosting the supposedly copy righted material. I submit a counter DMCA claim to block it since I feel that it's not not copy righted in this case. Then if the company/artist really wants it taken down they have to go to court and try to prove that it is in fact copy righted. All of which would occur in a civil court since it would be a law suit. Most likely they would not try to do it with something so obviously exempt However if a website continues to host copyrighted material and is making a profit off of it that's when they build a criminal case instead of a civil one and a Federal prosecutor then has to try the case in the court. If it's a foreign site they then have to actually get the cooperation of that country to go after them.

Which even this system isn't that great. I imagine Team Four Star had to change DBZ abridged to TFS Abridged Parody because of how many times Funimation was trying to get YouTube to shut it down even though it's clearly parody.

I really don't know why they get so upset over abridged series. The only catch to Microsoft though is that you can't use third party items for Machinema. So as an example anyone who's not Rooster Teeth can not use the sounds from Halo in their Machinema.

If it is not owned solely by Microsoft you can not use it without the other entity's permission. For instance you could use anything you want for Reach because Microsoft owns the full rights to it but Halo 3's weapon sounds are owned by a third party and are not supposed to be used. Also just stating that someone else owns the content does not actually give you permission to use it It does help with avoiding being labeled as an infringer though. Abridged shows are a little different since they fall under parody but making a unique machinema using Halo 3 is not parody and while it is not for profit that still doesn't really give you the right to use it if the copy right holder has reserved all rights.

And the reason that a review can do it is because it is for the purpose of journalism.

I never said that Bungie was the third party Qyp and Bungie.

As for that page: "The rules allow noncommercial use and distribution of works derived from Microsoft-owned game content, except audio effects and soundtracks.[111] The license prohibits reverse engineering and material that is pornographic or otherwise "objectionable".[111] On distribution, derivative works that elaborate on a game's fictional universe or story are automatically licensed to Microsoft and its business partners.[112] This prevents legal problems if a fan and Microsoft independently conceive similar plots.[112]"

Also this only applies to Microsoft owned games. Everything you mentioned aside from Halo are not owned by Microsoft. Now you can use anything you want from Warcraft because Blizzard has declared full usage of their games. Otherwise you could potentially be committing copy right infringement.

Now just because there is Machinima that does mean it is okay. It's mostly because of the huge plethora of videos that Companies don't bother trying to go after anyone. Doing something for non-profit does not automatically allow you to use it either.



The license holder has to give you that right in order for you to make your own things with it's content unless it falls under fair use(Parody of course being a special fair use case). If it doesn't fall under fair use and you simply gave them credit then the only thing you are doing is not plagiarizing their work.



As an example of if some publisher decided to take a Machinima owner to court:

the purpose of use: while the owner may or may not be making a profit (depends on if they're a youtube partner) YouTube makes money from traffic and if the traffic to the infringed video is substantial there is a profit being made.
the nature of the copyrighted work: (Barring that the Machinima was made for a recognized academic institution and does not qualify as a parody) It also does not fall under a recognized fair use category.
the amount and substantiality of the portion used in relation to the copyrighted work as a whole;: If said Machinima contains a recognizable amount of the games soundtrack or any sounds in their entirety it will fail this test.
the effect of the use upon the potential market for or value of the copyrighted work. : Once again it might not effect the market for the game but it has value in the amount of traffic that it can generate.

A corporate lawyer could easily makes these points and show that a Machinima does not meet the four guidelines of fair use.

Seriously. As a student perusing a degree in game design I have to be aware of these things because I need to know what my rights are when I make things. Likewise, knowing what my rights are also means I need to know what violates them.

Well... welcome, or welcome back xP! If you need any help, don't be afraid to ask!!

Go Here and read through the rules/hints of roleplaying and/or post an RP example in the RP GRADUATION THREAD. Someone will go through and grade your post. While waiting for the 'grade' you can begin creating your profile, however you cannot start RPing till after you graduate. You can always get a head start though! To see which villages are accepting check Here. I know Kumo is looking for some newbies ^^

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