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8-23-2008 @ 3:12PM
"@Hugh - seriously man, you're just demonstrating your lack of legal knowledge here."Ah, appeal to authority coupled with an ad hominem, always a guarantee that the rest of the argument's sound. :) "If you create something with the sole purpose of using Blizzard's intellectual property, and then sell it, then yes, you're likely to find yourself in hot water. That's all this is, and that's why it got taken down. Feel free to provide statutory evidence or precedent/case-law to prove your point."I notice that you have quoted neither case law nor indeed statues to prove your case yourself. Indeed, you haven't even told us on what basis you believe pwnies.org to be infringing. (And you haven't mentioned design right yet, which any IP lawyer of my aquaintance would have jumped straight to) So - if you're claiming that this is a copyright infringement, there must have been an instance where pwnies.org distribute copyrighted work - note, pwnies.org directly, not the user of the software. There's plenty of case law there in the lawsuits against Kazaa, Napster et al - MGM Studios, Inc. v. Grokster, Ltd, A&M Records, Inc. v. Napster, Inc., and dozens more. Now, pwnies claim that the distributed binaries and supplementary code - which is the only bit that they themselves are distributing - doesn't contain any of Blizzard's IP. If they're lying, they're screwed, but there's no reason to believe they are. If the users were then infringing Blizzard's copyright in turn, then pwnies could be liable for contributory infringement. (Definition here - http://www.quizlaw.com/copyrights/what_is_contributory_infringem_1.php). However, the users are also engaging in an entirely legal activity, that being surfing the publically-accessible Armory site. I'm assuming you're not going to claim that viewing the Armory is infringement. So, they're not on the hook for copyright infringement, by definition. They're not on the hook for contributory infringement. They might be screwed on design right, but I brought that argument up below. So what basis are you arguing? The legality of website terms and conditions? That's sticky ground - Kelly vs Arriba Soft Corp seems to bear upon this specific case. Something else?Saying "I'm a lawyer so I'm right" doesn't really cut it.
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