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[D] Intellectual Ownership of your maps v.s. Blizzard - Pa…

Forum Index > SC2 Maps & Custom Games
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Tassadar_UK
Profile Joined May 2011
United Kingdom5 Posts
August 06 2011 08:43 GMT
#21
To TheAmazombie:

I was speaking of universally shared laws throughout the western world, and the world as a whole; rather than of any specific country. There are some things which hold true in all countries. Concepts of contract and ownership is one such issue where everyone has the same fundamentals.
The DMCA is also another global-like law, because there is matching laws everywhere passed around the same time.
So purely as far as legal technicalities go, in developed countries my affirmations stand. I dont know about the more shakey democracies around the world, like south america or eastern asia.. its entirely possible they have exceptions.

Physical situation realities are, however, as you said, a completely different issue.
Its the same with all laws and crimes, civil and criminal.

I would very much like to answer something raised by mavsfan0041 on that issue:
The thing is, and maybe I'm just cynical, that what's to stop Blizzard from just taking your maps anyways regardless of whether the EULA is legally binding or not? I mean they're the multi-billion dollar company with expensive lawyers. And odds are the map maker isn't going to go to war with Blizzard for the relatively small amount of money compared to the cost of what would surely be a drawn out court battle.

(which is basically TheAmazombie's point too.)

Firstly, a quick side-point.
In europe, in issues of an enormous giant company trying to use the work of a tiny little person; judgement precedent and judge/jury personality are EXTREMELY hostile to the giant company. This isnt true with other issues, but with copyright it definately is. In the US it is entirely possible that this isnt the case, however i know of a number of cases you have had where the court has favoured the little person,and none that i know of where they havnt.

So the issue is more one of "would blizzard just steal it" and "would the map maker ever sue", which is your direct point.
The paragraph above is actually rather relevant to this. Blizzard would actually fear taking someones map without permission, because they have as much to lose as to gain, and more chance of losing than gaining.

Contraspectively - in europe atleast - the map maker has much to gain and little to lose. It is very likely if he won he would be in for a significant amount of money, and if he lost would face only a small partial legal bill. In the US, land of corperate dictatorship tyranny.. i know not if this would be the situation. I do however know that there are a disproportionate number of legally-minded citizens compared with europe, and truth be told most people would jump at the chance of sueing blizzard. Infact i would say there is more chance of them being sued by an american than a european, even if the european court is more friendly to the case.

So, realistically - I cannot see blizzard ever simply stealing your map. Stealing your map IDEA, yes. The map itself? no.
mavsfan0041
Profile Joined February 2011
United States306 Posts
August 06 2011 08:54 GMT
#22
Well I hope that that's true then! I'm not sure what the legal system is like in Europe, but in America the huge companies have a tendency to grind out a lawsuit over time and just wear the individual down through legal costs over time (some stuff about Monsanto the seed company comes to mind). It gets to the point where it doesn't really matter who's in the right because the guy just can't pay his lawyers anymore. But I see what you're saying that really a map is such a small thing in the grand scheme of things that it just isn't worth a headache at all for Blizzard to steal.
R.I.P. CheckSix
TheAmazombie
Profile Blog Joined September 2010
United States3714 Posts
Last Edited: 2011-08-06 09:15:39
August 06 2011 09:15 GMT
#23
On August 06 2011 17:43 Tassadar_UK wrote:
So the issue is more one of "would blizzard just steal it" and "would the map maker ever sue", which is your direct point.
The paragraph above is actually rather relevant to this. Blizzard would actually fear taking someones map without permission, because they have as much to lose as to gain, and more chance of losing than gaining.


Yeah, I know. I do not think that they would as they would have more to lose, I totally agree, but the main point is that companies can and have done this, so not matter what the law says, there seem to always be ways around it was really the point I was going for. I appreciate the write-up and it is great stuff to know.

Overall I trust that Blizzard would not do something like that for many reason, but as you said, there is not a ton to gain my doing so. It is just that in today's world even when you think you are protected by the law there seems to always be some kind of back door or some other way for people in a position of power to take what they want if they want it bad enough.
We think too much and feel too little. More than machinery, we need humanity. More than cleverness, we need kindness and gentleness. Without these qualities, life will be violent and all will be lost. -Charlie Chaplin
lefix
Profile Joined February 2011
Germany1082 Posts
August 06 2011 09:18 GMT
#24
are copyright laws even the same in every country?
if not, which one does apply? The Location of map creator? Blizzard's headquaters? The Servers the map is uploaded to?
Map of the Month | The Planetary Workshop | SC2Melee.net
hobbidude
Profile Joined December 2010
Canada171 Posts
Last Edited: 2011-08-06 11:38:14
August 06 2011 11:37 GMT
#25
On August 06 2011 17:43 Tassadar_UK wrote:

So the issue is more one of "would blizzard just steal it" and "would the map maker ever sue", which is your direct point.
The paragraph above is actually rather relevant to this. Blizzard would actually fear taking someones map without permission, because they have as much to lose as to gain, and more chance of losing than gaining.



Not to mention you can still sue in small claims court.

It would be interesting to ask LSprime about how blizzard went about using his map tal'darim and his contact with them.

Regardless, what about copyright laws? By definition the idea and design of the map before even making and publishing copyrights it. By blizzard saying all your maps are now theres, there own agreement has just broken a law, to mention that a previous maps i believe are also required to be grandfathered.
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