It doesn’t really seem like a loophole, so much as shifting the burden of proof. Unauthorised use, absent a defence like fair use, is infringement.
Stardock gave P&F complete cover to file a DMCA. They literally announced they would include content that is under dispute. The silly public game of “I’m not touching you” with adding aliens from the original games was a gift wrapped present that contained an irrefutable good faith belief that SC:O would infringe. There’s really no possible argument that the DMCA filing is false. He said he was gonna.
Out of all the own goals in this whole mess, that was one of the biggest.
Assuming for the sake of discussion that you’re right, my observation would be that judges are pretty irritated by arguments that are false on their face, because it implies that you think they are idiots. I honestly think that that’s a big part of why this requested injunction was denied in the particular way that it was. It would have been perfectly legit for the judge to have just taken some language from the P+F pleadings and decide in their favor, but she went out of her way to say (I paraphrase) that the argument for the injunction was insulting. That’s…that’s really not a thing you ever want to read as a lawyer, if the sharp end is pointed at you.
As we have seen in this country from time to time in its recent history, judges seem to be very happy to cite public statements that may have been “just trolling” at face value in adverse rulings.
I don’t have the link, but I once spent a solid hour or so reading a Reddit thread full of law professionals sharing stories of judicial smackdowns and other foibles. It was hilarious.
Also I’m glad to not be a legal professional.
I don’t know what will happen, but from his Twitter feed, it appears that Brad feels more aggrieved than ever, and is planning to fight even harder. God help those whose livelihoods are chained to his…
I hate this as much as the Micro$oft moniker, after spending some time wading through the various Star Control forums.
I should have included a smiley, I probably came off sounding a lot different than I intended! I do hate it, though. :)
Whoah. I’m pretty certain it DOES so that? I’ve filled out a lot of DMCA forms over the years and I’m pretty sure you explicitly state that exact sentence? IANAL
Yes, I am aware of how it works. The point that person was making is more about frivolous DMCA claims which, as you know, are totally a thing.
Whose nipples look best on TV in this one?
Yup, pretty much so.
See 3(vi) of Section 512(c)
“A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Yeah, I agree with this. Though I don’t think judge’s are inclined to get involved in petty quibbles between litigants, and which aren’t material to the case. That P&F involvement in the creation of the works is part of the case, provides some merit for the judge to take a position on this I guess. I mean, if Brad is saying they’re not the creators, and he refuses to acknowledge them as such, there would be no legal matter to begin with.
He seems to believe he can steamroller anyone and anything in his way even when he doesn’t have a leg to stand on.
Well yeah…steamrollers don’t need legs.
I know, it came as a shock to me as well that he is like that.
Yeah. I am well aware of that screed and his self-interest.
I think that is an unfair quote. Until now I did not know a lot about this case. But your quote was shocking. So I researched. And it’s quite obvious that he used her words - which morally and across-the-board judged his humor/jokes - in a sarcastic manner to state he won’t change his humor/personalty. Right or wrong, I don’t know and I don’t care. His reply was not very nice that’s for sure. But Brad did not seriously made that this kind of self-description as the first paragraph of your quote indicates. There’s missing context. (like… https://kotaku.com/5940401/pc-gaming-studio-said-she-ruined-their-game-but-only-after-she-sued-the-boss-for-sexual-harassment)
I only know Brad W. from lurking around here. Some years ago I read some blog post where he stated some of his political views which I did not agree with. And I might find his jokes inappropriate as well. Whatever. But the quotation seems too much out of context to me.
Sorry for offtopic.
Eh he told the head of HR he’d shut the company down rather than change too
Defending this person is a joke. So many things that I have read from him just reek of a narcissistic libertarian who gets off on using his position and wealth to coerce what he wants out of people. He appears to actively revel in using his position and fortune to allow him to give people the choice of knuckling to his will or leaving. In any other industry, we’d find that gross and disgusting.
I mean, he’s literally typed horrific shit in a way that is clearly couched to be in a written record and be read by others in anticipation of possible litigation. It’s only his goofed up, Ayn Rand wannabe brain that makes it still so horrible even after his warped efforts to look like he’s above board. If this is him trying to position himself advantageously for legal reasons, imagine what things are like when he thinks the lights aren’t on.
If you’re fine with that because games, that’s up to you.