25.08.2011, 10:14
DMCA does NOT only apply if the content is Copyright ... all it is, is a 'Report' to the host informing them of a dispute between parties of a claim.
Content does NOT have to be 'Registered' to be enforced against infringement. Anyone that can afford to file a claim of infringed property can file a claim. The problem is, the enforcing it is usually based on 'Fines and Fees'. Since we are talking SAMP its rare to find a community that is worth the civil suit, as its mostly kids with nothing to take anyways.
Your only approach of filing a claim is through a DMCA report to the host, and then back that with a judicial order of intent. Thus, its now out of the hosts hands, and in a civil court. The Host either MUST cease the service, or they then are held with the same liability as the infrindger. This is where the TRUE 'solution' comes into palce, because the ISP DOES have something to loose!
If you HONESTLY dont want your content taken, then dont provide it...the moment you DO send the content to a community, without a contract or agreement of usage, you can kiss any claim you THINK you had goodbye, because in legal terms ( You Gave the content away freely )!
And for 'Reference' purposes.. there are only ( 3 ) game modes that are acutely registered with the US copyright office. ( Ive no clue what the Euro Copyright office has, as ive never searched it ).
Its also important to note that IF a script or any 'digital good' is modified past a 30% original source, that content is NOT considered 'Copyright' and must be 'Re-Registered' to be construed as 'registered' .... which basically means, once its modified past the 30% mark, it no longer belongs to the original owners.
Content does NOT have to be 'Registered' to be enforced against infringement. Anyone that can afford to file a claim of infringed property can file a claim. The problem is, the enforcing it is usually based on 'Fines and Fees'. Since we are talking SAMP its rare to find a community that is worth the civil suit, as its mostly kids with nothing to take anyways.
Your only approach of filing a claim is through a DMCA report to the host, and then back that with a judicial order of intent. Thus, its now out of the hosts hands, and in a civil court. The Host either MUST cease the service, or they then are held with the same liability as the infrindger. This is where the TRUE 'solution' comes into palce, because the ISP DOES have something to loose!
If you HONESTLY dont want your content taken, then dont provide it...the moment you DO send the content to a community, without a contract or agreement of usage, you can kiss any claim you THINK you had goodbye, because in legal terms ( You Gave the content away freely )!
And for 'Reference' purposes.. there are only ( 3 ) game modes that are acutely registered with the US copyright office. ( Ive no clue what the Euro Copyright office has, as ive never searched it ).
Its also important to note that IF a script or any 'digital good' is modified past a 30% original source, that content is NOT considered 'Copyright' and must be 'Re-Registered' to be construed as 'registered' .... which basically means, once its modified past the 30% mark, it no longer belongs to the original owners.