Z
Zigathon
Guest
You're on Misetings, Nightstalkers?
N
Nightstalkers
Guest
Another Nightstalker is probably, I'd have to look it up to be sure.
Z
Zigathon
Guest
That post lead me into thinking that you might be.Nightstalkers said:
M
mythosx
Guest
I missed a bunch in the middle....but the last thing I saw was posted about writing letters. I don't think it will help.
As a legal entity, they are well within their rights. R_E will probably just a cease and desist order as I don't think wizards can prove financial damages because the spoilers don't really detract from sales. I don't think they are going to far with the law suit. As fan of course I am curious to what is around the corner. But the way the information is obtained is definitely illegal. Probably either by theft or you have several employees who are breaking the NDA's. In gaming industry and movies, it's very important that you don't break that. If Wizards doesn't take a firm stance now they won't have precedece to fall back on in the future when it gets out of hand.
As a legal entity, they are well within their rights. R_E will probably just a cease and desist order as I don't think wizards can prove financial damages because the spoilers don't really detract from sales. I don't think they are going to far with the law suit. As fan of course I am curious to what is around the corner. But the way the information is obtained is definitely illegal. Probably either by theft or you have several employees who are breaking the NDA's. In gaming industry and movies, it's very important that you don't break that. If Wizards doesn't take a firm stance now they won't have precedece to fall back on in the future when it gets out of hand.
Z
Zigathon
Guest
Interestingly enough, once MTGS got the DMCA notice, there hasn't been any fresh news about the situation.
Although, considering Mark Rosewater briefly mentioned the lawsuit in his article Monday, maybe Wizards is loosening up.
Perhaps due to public outcry and MTGS' compliance?
*cough* Good job on the boycott everyone! *cough*
Although, considering Mark Rosewater briefly mentioned the lawsuit in his article Monday, maybe Wizards is loosening up.
Perhaps due to public outcry and MTGS' compliance?
*cough* Good job on the boycott everyone! *cough*
L
Limited
Guest
Yeah, it kinda does.. I just think they should be more concerned with stopping leaks on their end instead of sueing the people who post the information.. (or was Rancored_Elf also a leak?)
Oversoul
The Tentacled One
He essentially said, "I think the law is on our side" and then later, "The lawsuit was settled out of court" (which means they didn't win, even if they didn't lose either).
Of course, the law might still have been on their side, in a sense. It could really have gone either way, and that was probably what worried them. Better to settle than risk losing, even if it was a somewhat slim chance.
The guys who were working for the company though, aren't going to be in that position...
Of course, the law might still have been on their side, in a sense. It could really have gone either way, and that was probably what worried them. Better to settle than risk losing, even if it was a somewhat slim chance.
The guys who were working for the company though, aren't going to be in that position...
I'm not sure what you mean by your first statement, but maybe mine would be more clearer is I said "If no one releases any future spoiler info"...
Yes, they didn't win the actual suit. But what is the point of bringing suit in the first place? It's to (try) to force a person or entity to follow a course of action when "just asking" doesn't do it. Since the goal of WOTC is to stop spoiler releases, whether they win a "suit" or not, if no one does it anymore, then their goal has been achieved and they'e "won". The suit is just secondary to the ultimate goal.
Yes, they didn't win the actual suit. But what is the point of bringing suit in the first place? It's to (try) to force a person or entity to follow a course of action when "just asking" doesn't do it. Since the goal of WOTC is to stop spoiler releases, whether they win a "suit" or not, if no one does it anymore, then their goal has been achieved and they'e "won". The suit is just secondary to the ultimate goal.
Oversoul
The Tentacled One
That sounds more like what a cease and desist letter is for.Spiderman said:
In any case, Rosewater's article seems to indicate that they believed the law was on their side with regards to them suing over the images that had already been revealed. I agree that it seems prevention of future leaks was what they ultimately wanted, but that doesn't seem to be what the suit was over, at least not entirely.
Isn't a Cease & Desist letter a prelude to a suit? In other words, if the party ignores the letter, they get sued?
I don't think it was just images, although maybe it was specifically in this case. It was the general principle that images or cards comprised WOTC property that was being revealed unauthorized. That is what they're trying to protect: the property.
I don't think it was just images, although maybe it was specifically in this case. It was the general principle that images or cards comprised WOTC property that was being revealed unauthorized. That is what they're trying to protect: the property.
Oversoul
The Tentacled One
Yeah. And they might have sent one, although it wasn't mentioned in the article (probably for a good reason, if they sent one at all). What makes it seem like it was more than this was the bit in the article about how the guy not knowing they weren't fake cards (but were in fact leaked) didn't make a difference from a legal standpoint. Whether to make a point of doing it or because they seriously wanted to be awarded damages, they seem to have sued him for the images he had already revealed, regardless of any intention (or lack thereof) to continue such behavior. So what I see is that WotC sued a guy for less money than they were probably going to spend doing it (or not that much more), and then settled out of court. I doubt they settled because he offered them a great deal of money. They probably just wanted his cooperation (in patching up the leak from their end, so to speak, and in not doing it again). So it looks like the suit was merely a pretense for this (I'm sure it wouldn't be the first time something like that happened). And whether either party intended it or not, it was free advertising for MTGSalvation (any press is good press).Spiderman said:
Or maybe I'm reading too much into it and perhaps he brushed off their cease and desist letter and let it go to court, then came to some sort of agreement with them so that WotC settled. I guess it wouldn't be the first time for that either.
Yeah, copyright protected images, but images nevertheless.
I think mentioning sending a C&D letter would have been irrevelant, since it already came to a lawsuit. And I don't think RE would have mentioned it because what good that do? "Yeah, I got a C&D letter but I ignored it, so now I'm getting sued".
I don't even see WOTC suing him for money, although they might have had to put in a token amount for the paperwork. Like you say in your second paragraph, I think their primary motivation was just stopping the release of information and they came to an agreement with RE so it wouldn't happen again (because it's basically the little guy against the big guy and who's going to fight the big guy when they're most likely in the wrong?)
My point about it being images in this case, but property overall, is that if WOTC said property from the get-go (which I think they did), they cover any future incidents, whether it be images/art or otherwise and they don't have to file another lawsuit.
I don't even see WOTC suing him for money, although they might have had to put in a token amount for the paperwork. Like you say in your second paragraph, I think their primary motivation was just stopping the release of information and they came to an agreement with RE so it wouldn't happen again (because it's basically the little guy against the big guy and who's going to fight the big guy when they're most likely in the wrong?)
My point about it being images in this case, but property overall, is that if WOTC said property from the get-go (which I think they did), they cover any future incidents, whether it be images/art or otherwise and they don't have to file another lawsuit.
L
Lythand
Guest
I will have to agree, Sueing him was to stop him, not for monatary value. Hasbro/WoTC makes plenty of money to be worried about a small time guy for money. They wanted the leaks. Best course of action, settle out of court. A trial woudl of done nothing more then maybe put the guy in jail, and then he may of never spoke. By offering him a slap on the wrist and some fines, he offered togive up some names. And if Rancored elf had won, then WoTC would of gotten no where. A settlement is a Win WIn situation.
L
Lythand
Guest
Spiderman said:
Right, I was using that as an example. A what if..
<Shrugs>
I think that MaRo was right. It's their product and they have the right to protect it. Personally I hate spoilers (legal and otherwise). It takes away the fun of the surprise of openning cards form a new set and going "Oooooo!" at the new cards/artwork/mechanics.
Thanks to spoliers I've actually seen a couple of cards get banned BEFORE THEY WERE EVEN RELEASED! People had decks built before they even bought their first booster. This is insane.
-Ferret
"He who has the gold makes the rules"
I think that MaRo was right. It's their product and they have the right to protect it. Personally I hate spoilers (legal and otherwise). It takes away the fun of the surprise of openning cards form a new set and going "Oooooo!" at the new cards/artwork/mechanics.
Thanks to spoliers I've actually seen a couple of cards get banned BEFORE THEY WERE EVEN RELEASED! People had decks built before they even bought their first booster. This is insane.
-Ferret
"He who has the gold makes the rules"