Silver Bullet Eric

Ex-lawyer turned rules lawyer, occasional printer
knitmeapony:

jadelyn:

blue-author:

eschergirls:

So yesterday I found out that Randy Queen (artist of DarkChylde) filed a bunch of DMCA takedown notices to Tumblr to remove posts of his covers on this blog (the entire posts, not just the images).  I’ve also gotten messages from other users that he’s had their stuff removed too (redraws, etc that have been featured here).  Non-critical Tumblr posts of his art/covers and those praising his work appear to be unaffected.
I’m writing this to let other people who run sites that might have criticized his work ( thehawkeyeinitiative, bikiniarmorbattledamage, boobsdontworkthatway, repair-her-armor, comicartcorrections etc) know that he seems to use DMCA takedowns to remove pages that are critical of his work.  And, to be prepared that he might have Tumblr remove your posts without warning (there was no prior communication of any kind, or conventional requests for removal).
Also, if you’ve submitted redraws of his stuff to these sites, you might want to ask them to put them private for now (if he complains about a submission you’ve made, Tumblr will count it as a complaint against your account).
To date, Mr. Queen is the only artist who has taken this kind of action - other artists and publishers seem to understand Escher Girls & other similar sites are fair use and criticism, and that fan discussion, positive or negative, is important and helpful to their business. (In fact, the creators I’ve interacted with are either fans of EG, or expressed disagreement but know that it’s fan criticism.)
If anybody is curious about what his DarkChylde art looked like and why they were featured on this blog you can find them here.
(Don’t harass him on his Facebook or Tumblr by the way.  I’m not interested in having a feud with him, just letting people know what’s going on.)
Update: He has now filed a DMCA takedown with Tumblr to remove this post.  This post is still up on Escher Girls, but every single reblog of it has been removed.

This is blatant abuse of the DMCA process.Reproducing an image for the purpose of commentary and criticism is covered under fair use. People treat that as a gray area even though it’s really not… eschergirls is protected and essential speech.But trying to get THIS post taken down? What exactly is he claiming ownership over?

God, boys are so fucking sensitive. What, can’t take a joke? Can’t handle some criticism? Go cry on your xbox or something.

When this happens, file a counter-notification: http://www.chillingeffects.org/dmca/counter512.pdf  I know Escher Girls are on this, but for everyone else’s benefit: http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content

The DMCA requires your service provider to notify you promptly when it removes any of your content because of a takedown notice, and you have the right to submit a counter-notice asking that the material be put back up. There is no specific time limit for submitting a counter-notice, but you should not delay unreasonably in doing so. If you send a counter-notice, your online service provider is required to replace the disputed content unless the complaining party sues you within fourteen business days of your sending the counter-notice.

Don’t let jerks bully you. Don’t let them use the DCMA to take down legitimate criticism.

knitmeapony:

jadelyn:

blue-author:

eschergirls:

So yesterday I found out that Randy Queen (artist of DarkChylde) filed a bunch of DMCA takedown notices to Tumblr to remove posts of his covers on this blog (the entire posts, not just the images).  I’ve also gotten messages from other users that he’s had their stuff removed too (redraws, etc that have been featured here).  Non-critical Tumblr posts of his art/covers and those praising his work appear to be unaffected.

I’m writing this to let other people who run sites that might have criticized his work ( thehawkeyeinitiative, bikiniarmorbattledamage, boobsdontworkthatway, repair-her-armor, comicartcorrections etc) know that he seems to use DMCA takedowns to remove pages that are critical of his work.  And, to be prepared that he might have Tumblr remove your posts without warning (there was no prior communication of any kind, or conventional requests for removal).

Also, if you’ve submitted redraws of his stuff to these sites, you might want to ask them to put them private for now (if he complains about a submission you’ve made, Tumblr will count it as a complaint against your account).

To date, Mr. Queen is the only artist who has taken this kind of action - other artists and publishers seem to understand Escher Girls & other similar sites are fair use and criticism, and that fan discussion, positive or negative, is important and helpful to their business. (In fact, the creators I’ve interacted with are either fans of EG, or expressed disagreement but know that it’s fan criticism.)

If anybody is curious about what his DarkChylde art looked like and why they were featured on this blog you can find them here.

(Don’t harass him on his Facebook or Tumblr by the way.  I’m not interested in having a feud with him, just letting people know what’s going on.)

Update: He has now filed a DMCA takedown with Tumblr to remove this post.  This post is still up on Escher Girls, but every single reblog of it has been removed.

This is blatant abuse of the DMCA process.

Reproducing an image for the purpose of commentary and criticism is covered under fair use. People treat that as a gray area even though it’s really not… eschergirls is protected and essential speech.

But trying to get THIS post taken down? What exactly is he claiming ownership over?

God, boys are so fucking sensitive. What, can’t take a joke? Can’t handle some criticism? Go cry on your xbox or something.

When this happens, file a counter-notification: http://www.chillingeffects.org/dmca/counter512.pdf  I know Escher Girls are on this, but for everyone else’s benefit: http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content

The DMCA requires your service provider to notify you promptly when it removes any of your content because of a takedown notice, and you have the right to submit a counter-notice asking that the material be put back up. There is no specific time limit for submitting a counter-notice, but you should not delay unreasonably in doing so. If you send a counter-notice, your online service provider is required to replace the disputed content unless the complaining party sues you within fourteen business days of your sending the counter-notice.

Don’t let jerks bully you. Don’t let them use the DCMA to take down legitimate criticism.

(via onepretentiousbastard)

Frank Lloyd Wright Equates Cincinnati With Suicide

handeaux:

image

Back in 1956, Allon T. Schoener (yes “Allon”) was in his second year as director of the Contemporary Arts Center in Cincinnati. An exhibition of 36 works from the Mary E. Johnston collection was running successfully in a space loaned by the Cincinnati Art Museum. Mr. Schoener reached out to…

skinnyghost:

twofistin:

theendofaspark:

this is never going to not be funny 

reminder that Chris Pratt is, in fact, real life Emmet Brickowski.

I watched this three times. Oh man.

Dark Planet: This Past Playtest Miniseries

wordstudio:

This post gives a certain look under the hood of my GMing and design style — to the extent that it makes me a little nervous. I hope you dig it, though!

This has been one of the most enjoyable and inspirational bits of game-playing I’ve had the privilege of participating in.

WotC/Hex Suit: Copyright and “So What?”

In case you missed Monday’s post, Wizards of the Coast (“Wizards”) sued Cryptozoic and Hex (“Cryptozoic”) saying that Hex is just a copy of Magic: the Gathering. I’m breaking down the complaint and allegations. I’m not a practicing lawyer anymore, and this isn’t legal advice. I’m just trying to explain a complicated legal matter to folks who might be interested in following it.

I don’t really plan to get into the factual question of “is Hex a copy of Magic?” I’ll admit, that long list in Paragraph 34 of the complaint makes it sound like there are a lot of similarities (although, remember, the complaint is written by Wizards and it’s in their interest to slant the facts of the complaint in their favor.)

The question I want to examine is “so what?" In other words, let’s assume that Hex is is copying all those elements from Magicas well as any other allegations in the complaint—which of them are likely to be determined to be protectable by copyright, trade dress, and/or patent (the three allegations made by Wizards) by the Court? There’s a lot of guesswork in such an analysis, and I will definitely not be 100% correct. As I mentioned on Monday, if this case goes all the way to trial, it’s likely to take a very long time and the allegations are likely to change, but the complaint itself gives us some useful information to begin the analysis.

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WotC/Hex Suit: Some Guys Do Nothing But Complaint

In this post I’m just going to dip my toe in the complaint itself. Later this week I’ll dig into each of the allegations a bit. I’m not a practicing attorney, and this is not legal advice. I’m simply trying to explain a complicated process to the everyday folks who might be interested in it.

A complaint is the document a plaintiff files with the court to bring a lawsuit against one or more defendants. In this case, Wizards of the Coast is the Plaintiff, and they are suing Cryptozoic Entertainment and Hex Entertainment alleging that they infringe some of the Wizards’ intellectual property (“IP.”) A complaint is written by the plaintiff and typically is a fairly slanted look at the facts, so just because something appears in this document doesn’t mean that the court has to accept them as true. the Defendants get a chance to respond to the complaint and to make their own claims (typically within 21 days of the complaint being filed, although getting an extension on this date is fairly commonplace.)

In this case, the complaint itself is fairly short (24 pages), and contains only vague allegations. My suspicion is that if this case proceeds, these allegations will be more fully detailed either in an amended complaint, in responses to discovery requests (specifically early contention interrogatories), patent infringement contentions, or some combination of the three. Unfortunately, neither the responses to discovery requests nor the patent infringement contentions will be filed with the Court, so they will be difficult for the public to obtain.

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