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Riot's official statement regarding SpectateFaker - Page 4

Forum Index > LoL General
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eieio
Profile Blog Joined November 2009
United States14512 Posts
March 02 2015 05:11 GMT
#61
On March 02 2015 13:46 cLutZ wrote:
With my specific show, the first amendment would render those takedown notices illegal.

Regarding spectatefaker specifically, its true that that is not a first amendment fair use, so riot can take it down.

The rest of the relevant discussion is about how Tryndamere is dishonest about his true motives and has toed the line of libel. And how Riot hasn't established any legal or interpretive rules that would reasonably inform people of what to do in the future.

This isn't a first amendment issue at all what in the world lol

The first amendment deals with the government's ability to make laws that curtail free speech/religion/press. It has absolutely nothing to do with a private company's ability to control content that they own.

Riot has the ability to pursue takedowns of their content whenever they want. They typically choose not to do that because that content typically helps the League ecosystem grow. In this case they've decided they have a problem with SpectateFaker so they are pursuing a takedown.

Seriously bringing the first amendment in here is like when people claim that the first amendment means that Naz can't ban people on TL for their views rofl
LiquidDota Staff
TL+ Member
cLutZ
Profile Joined November 2010
United States19574 Posts
Last Edited: 2015-03-02 07:20:21
March 02 2015 06:45 GMT
#62
Umm, no. Copyright law is enforced by the US Courts. Copyrights have no inherent power without that and the government enforcement of them.

Copyright 1st Amendment issues are typically muddled with the fair use analysis listed in the code.

7 U.S.C. § 107, “the fair use of a copyrighted work ․ for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

For an analysis of the newsworthiness exception go to Swatch Group v. Bloomberg http://caselaw.findlaw.com/us-2nd-circuit/1655777.html

The statutory text has been described, by the Supreme Court, as as “built-in First Amendment accommodations. Eldred v. Ashcroft, 537 U.S. 186, 219 (2003).

Don't pretend to understand copyright law if you don't even understand that enforcement of it is derivative of state action. Hell, even your own post is nonsense because you admit that, "[t]he first amendment deals with the government's ability to make laws that curtail free speech/religion/press[,]" without even realizing that copyright statutes are a law that does exactly what you described, and thus is subject to First Amendment restrictions.
Freeeeeeedom
eieio
Profile Blog Joined November 2009
United States14512 Posts
Last Edited: 2015-03-02 07:53:12
March 02 2015 07:00 GMT
#63
I truly don't understand how the first amendment comes into play when talking about content that Riot owns, and everything else that I've read has indicated that Riot absolutely has that right.

From what I understand you're arguing that your Sportscenter example would fall under the category of "newsworthiness." I'd be surprised if it was the case that Riot would be unable to take down a Sportscenter type show, but you might be right.

Also from what I understand you only brought up the Sportscenter example as a case where Riot would be unable to take content down. While you might be right, that doesn't really seem to matter outside of proving that Riot "doesn't hold all the cards."

edit: A lot of my understanding of this is based on the idea that Riot basically has you agree to a "we own everything" type of clause when you play League. Obviously copyright law etc can get into first amendment issues.
LiquidDota Staff
TL+ Member
TheYango
Profile Joined September 2008
United States47024 Posts
March 02 2015 10:14 GMT
#64
On March 02 2015 16:00 eieio wrote:
edit: A lot of my understanding of this is based on the idea that Riot basically has you agree to a "we own everything" type of clause when you play League.

This is the difference when it comes to video games/software in general. My understanding is that click-through agreements where the developer tries to take more control than would otherwise be reasonable as dictated by existing copyright law is a legal gray area.
Moderator
eieio
Profile Blog Joined November 2009
United States14512 Posts
March 02 2015 10:29 GMT
#65
I had assumed that Riot's clause was relatively solid/enforceable. But it sounds like I should just shut up on legal matters, as most of what I know is second hand and based on post/videos about this whole situation. I stand by the idea that pursuing a takedown is the write move but I'm not a lawyer and I'll try to avoid legality.

I'm surprised that this is apparently a first amendment issue though. How is OGN able to issue takedowns so effectively?
LiquidDota Staff
TL+ Member
cLutZ
Profile Joined November 2010
United States19574 Posts
March 02 2015 21:29 GMT
#66
2 reasons:

1. The videos are usually just direct rips of large segments of the OGN stream (whole game or whole broadcast, etc), thus are not transformative, and wouldnt get any protection.
2. Places like Twitch and Youtube err on the side of Copyright Holders because users/potential infringers rarely challenge takedowns.
Freeeeeeedom
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