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Black_Dog
Joined: 29 Sep 2006 Posts: 173
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Posted: Thu Apr 16, 2009 2:55 am Post subject: Legal FYI re: ML and WOTC |
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I come from a family of lawyers (5 of them).
While they can ask you to remove any copywritten material (which I don't think I ever saw here in the first place),
you can write a disclaimer on the page to get past most of that.
Additionally, linking MWS and Apprentice doesn't put you at any legal fault (this can vary depending on what state M-L is hosted in).
They're doing this to scare you and you got scared.
IMO (and the short version according to two different attorneys), you can continue to do what ML has been doing and if you want to protect yourself from any potential legal tie ups (IE being taken to court for a case you would win, provided you went to court, but will cost money to get there); host the site in a country where it's far more difficult to prosecute. Such as Sweden or the Czech Republic.
If anyone from ML wants the contact to a lawyer who will consult you guys for free, write me a PM or an email.
But this is a scare tactic and nothing more just as long as you don't tread directly on any trademark or copyright infringment/misrepresentation; which from what I have seen, you haven't done at all.
And as per the other thread, yes using the word or phrase "magic" does not make you liable or put you in a spot to be sued. |
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gypsy
Joined: 15 Jun 2007 Posts: 1268
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Posted: Thu Apr 16, 2009 4:40 am Post subject: |
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| the copyrighted material are the cards themselves and the fact that you play the game online |
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Black_Dog
Joined: 29 Sep 2006 Posts: 173
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Posted: Thu Apr 16, 2009 6:30 am Post subject: |
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which does not make Magic-League liable for anything, granted they host in a state or territory which has liberal laws regarding that. Even in the states it makes it difficult for them to be prosecuted for anything as technically (and arguable theoretically sp), they do nothing of the sort.
At a worse case scenario in puts them in the same boat as say a torrent site or a site that would have a guide to torrents, listed where bit torrent can be download as well as links to say mininova and the piratebay. |
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SaTiVa
Joined: 09 Jun 2005 Posts: 272
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Posted: Thu Apr 16, 2009 8:53 am Post subject: |
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| im pretty sure were hosted somewhere in europe for this reason |
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zturchan
Joined: 02 Feb 2007 Posts: 46
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Posted: Thu Apr 16, 2009 12:30 pm Post subject: |
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| M-L is hosted in the Netherlands, I believe. |
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zturchan
Joined: 02 Feb 2007 Posts: 46
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Posted: Thu Apr 16, 2009 12:30 pm Post subject: |
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| M-L is hosted in the Netherlands, I believe. |
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Sofa0King
Joined: 16 Mar 2009 Posts: 10
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Posted: Sat Apr 18, 2009 8:29 pm Post subject: |
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| That's pimp. |
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