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01-11-2018 at 05:01 PM
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Lets talk about Intellectual Property

Its come up in a few threads in response to me, and its worth discussing even if I wasnt being insulted for getting the info correct.

now, i'm not a lawyer, but as someone who needs to follow laws and deals with IP I need to understand it. So nothing i say should be taken as legal advice but rather should be points to verify yourself. I of course welcome any corrections if i am wrong. Also, IP is fairly complicated, so this is just a summary for the bare minimum we need to know to not get in trouble

Copyright vs patents -- This one can confuse people. As with all IP, you're not owning the idea, but the right to sell the idea, the semantics there seem small, but they make a big difference. Patents are for things which are created from the idea, such as a process or a machine. Copyrights are the right to sell idea itself such a book's information.

how does this involve video game playing? A pacman pattern would be something like a patent. Your video of you playing pacman would be like a copyright situation. You cannot patent game play, anyone can you use your tactics, you can however copyright your video of this. Think of a video of someone walking down the street, the film maker owns the video itself, but the film maker cant patent the walk. Or think of boxing, you're free to use all the moves those are owned by noone, but you cant just copy footage of the match and sell it, the footage itself is owned. So dont be confused, the fact we cant patent gameplay does not mean performances arent copyrighted

Fair use.
oh boy, this could go on for a long time with different judges even disagreeing. Plenty of detials to discuss here. Its almost impossible to perfectly define and theres plenty of grey areas for judges to figure out. There are several things that can make something fair use (meaning the copyright doesnt apply) but the one that comes up here is the clause that allow for informative purposes. This does NOT mean you can just copy an entire educational book, since you're sharing it for information, otherwise all non-fiction would be impossible to copyright. As with the other fair use clauses, you must add something of your own. Just saying "im sharing this copy of a movie with you so you'll know what the movie is about" is informative, but wont really count for fair use. You could however take a clip, and then discuss that clips affect on society. Where judges have to deal with a headache, is exactly how much has to come from you before its fair use.

If you copy an entire movie, but only have 1 minute of your own analysis is that fair use? probably not. If you share a one minute clip but talk for hours is that fair use? Probably. What if you copy a five minute clip and talk for 10 seconds? you get the idea, no clean cut answer. But when you provide zero info or analysis and simply copy verbatim and pass along the copyrighted work thats not covered.

On a personal note, IP has been debated with some saying it helps progress (the winning side so far) but some putting forth a claim, backed by some data and logic that while it encourages some innovation it actually discourages more. I'd actually prefer IP laws not exist as the losing side has won me over, and my own info I freely share, however the law is the law and i follow it. So while I'll freely share any of my work I do think its important we respect others right to not have theirs shared so freely.

I hope this helps explains whats going on in other threads. I've looked into the matter alot, Im pretty sure I'm right, but I definitely welcome informed disagreement
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  1. datagod's Avatar
    Quote Originally Posted by Intellivision Master
    Snow, I appreciate your explanation. I thought you were talking about me !
    I was only contributing to this thread because I saw Almighty Dreadlock talking about uploading other people's videos.

    I have no idea why there is tension involving Intellivision Master and anyone else.

    Feel free to like and thank my posts though. We are all competitive people, and I want to beat Rosa at the thank game.
    Thanks Intellivision Master thanked this post
  2. Intellivision Master's Avatar
    You got it !!
  3. Fly's Avatar
    Then why do I habe a DL tab on ALL VIDS on YT? Just curious.
    Likes Snowflake liked this post
  4. Fly's Avatar
    Seriously. I have a DL tab.
  5. Snowflake's Avatar
    its a good question. no answer here, but i'm also curious. if i were to speculate maybe there's some clause we're your allowed to download for your own use, just not reupload?
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