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Post by dreidemy on Aug 22, 2016 14:10:26 GMT -5
Lets just ban all the Viners,Youtubers, etc that used the John Cena meme
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CH Punk
Bill S. Preston, Esq.
Advice: Noted
Stuck in the Retro Zone
Posts: 15,570
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Post by CH Punk on Aug 22, 2016 14:14:16 GMT -5
Honestly, they should just open Facebook pages as those seem to be way harder to shut down.
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Post by Mister Pigwell on Aug 22, 2016 14:21:05 GMT -5
Another thing this could be is they have to raise these smaller stinks once in a while to have legal precedent to raise big legitimate stinks when they need to protect their IPs. So it could also be a pot shot thing just so they can keep certain rights and standing down the road.
For that, I don't blame them, not even for the commercial thing (though wouldn't it have made more sense to go after the YT guy instead of us...?), but it absolutely sucks to be on the receiving end of the near random seeming hit list.
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FAR5222
El Dandy
Counted 237 Bros. SWERVE Got no cookie for it.
Posts: 7,889
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Post by FAR5222 on Aug 22, 2016 14:29:20 GMT -5
Earlier this year they tried to capitalize on those GIFs and it really didn't work because A. They were not funny and B. They were not great material for the internet to use.
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saintpat
El Dandy
Release the hounds!!!
Posts: 7,664
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Post by saintpat on Aug 22, 2016 14:34:27 GMT -5
It's WWE's content. I like a good GIF every here and there but it's WWE's content so if they wanna be stiffs about it, that's their prerogative. I wouldn't call it bullying, they have a right to not want their content shared like that. No legally speaking they don't. At least not in all cases. If the original work is used as a portion of a review or for educational purposes or if a portion of protected material is used to create a new piece of media those works are protected under the Fair Use clause of US Copyright Law. Correct. And I don't see anything that makes me think these were used as part of a review or for educational purposes. It's just someone taking WWE material and trying to poach clicks and enhance their social media brand by taking something WWE created and owns to steal audience. Generally, the smaller portion used the more likely it is fall under fair use -- with the exception, which gets to this matter, that the "heart" or "most memorable aspect" of the work can't be shown because it is the portion with the most value and thus, unfair use. If there's a 12-round boxing match with a spectacular knockout, I can't just say "I'm only using those 4 seconds" because those 4 seconds are the heart of what happened and I'm stealing the portion with the most value. (You'll notice when ESPN has highlights of big PPV boxing matches, you'll get a couple of clean punches but NEVER the big knockout). Clearly, the bloody Randy Orton gifs are the heart of the match. You can learn more about copyright fair use here: fairuse.stanford.edu/overview/fair-use/four-factors/There's another standard at work here with copyright rulings that is probably governing WWE's actions: if a copyright holder is aware of use of video/images/etc. that it controls and allows it, it is setting precedent for future fair use. So if WWE allows it now, it's setting precedent for everyone else to use it in similar fashion -- people could use short video for the finish of every match at WM, string them together and say in court, "You allowed it before, thus you sent the message that it's OK for me." I find it kind of funny that this involved "multiple popular Twitter accounts" -- wonder how popular they would be if they weren't using other peoples' copyrighted material.
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Post by "Gizzark" Mike Wronglevenay on Aug 22, 2016 16:15:45 GMT -5
LARIATOOOOOOOOOOOOO is back under his back up account, @mrlariato. No idea about the other Death To All Marks guy, though. He's quitting Twitter entirely and says he'll likely do Tumblr or Imgur.
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Deleted
Deleted Member
Posts: 0
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Post by Deleted on Aug 22, 2016 16:33:48 GMT -5
I'm just glad it's not up to me to decide the legality of these things, because I can see both sides of the argument.
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Chiral
Salacious Crumb
Posts: 73,598
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Post by Chiral on Aug 22, 2016 16:38:03 GMT -5
Please don't take down the Subway one WWE!
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Dr. T is an alien
Patti Mayonnaise
Knows when to hold them, knows when to fold them
I've been found out!
Posts: 31,359
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Post by Dr. T is an alien on Aug 22, 2016 19:23:08 GMT -5
While I guess I can see how GIFs do use copyrighted material, why would any company choose to go after websites/people using them? I mean, consider how many websites on the entire Internet use GIFs; they'd need to really buff up their legal department. Paramount will start suing the entire internet over the Picard facepalm meme. See? That sounds stupid, just like this.
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Post by A Platypus Rave on Aug 22, 2016 21:34:26 GMT -5
Another thing this could be is they have to raise these smaller stinks once in a while to have legal precedent to raise big legitimate stinks when they need to protect their IPs. So it could also be a pot shot thing just so they can keep certain rights and standing down the road. For that, I don't blame them, not even for the commercial thing (though wouldn't it have made more sense to go after the YT guy instead of us...?), but it absolutely sucks to be on the receiving end of the near random seeming hit list. Yeah, US copyright law is very much based on use it or lose it. Sometimes you have to go after small things so bigger things can't use it as precedence.
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Emmet Russell
King Koopa
Quieter
The best wrestler on earth.
Posts: 12,526
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Post by Emmet Russell on Aug 22, 2016 22:41:33 GMT -5
The UFC has done this as well months ago. They're convinced that people won't order PPVs/subscribe to the Network if everything will be made available minutes or hours after the event. The NBA has gone in the opposite direction. They've completely embraced it to generate more buzz to the league. The NBA have the right idea. If I'm not watching a show, but I see a cool gif from the show later, I'm more likely to seek it out and watch.
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