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Unread 07-14-2011, 01:43 PM   #1
Michael Morris
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No, that is not how fair use works. The motive and profit of the parody has nothing to do with fair use in the eyes of the law. Do you think SNL or Mad Magazine get permission to rip popular movies in skits? No.

If Square-Enix had a right to shut this site down they would have done it a long time ago. The fact it's free again has nothing to do with their right to protect their copyright and trademarks.

If it was printed the likelihood of a lawsuit would increase, but it's not a lawsuit they can win. They could try to sue in the hopes that no lawyer would take the case pro-bono, but this is a very clear case of fair use and they probably know that if that happens they'll end up paying all court costs and the attorney fees of whoever represents Brian.
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Unread 07-14-2011, 01:53 PM   #2
rpgdemon
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Originally Posted by Michael Morris View Post
No, that is not how fair use works. The motive and profit of the parody has nothing to do with fair use in the eyes of the law. Do you think SNL or Mad Magazine get permission to rip popular movies in skits? No.
Do you think SNL or Mad Magazine directly steal works that are the IP of popular movies for their skits? No.

The sprites used are, legally, the property of Square Enix. He cannot sell them.
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I did a lot of posting on here as a teenager, and I was pretty awful. Even after I learned, grew up, and came to be on the right side of a lot of important issues, I was still angry, abrasive, and generally increased the amount of hate in the world, in pretty unacceptable ways. On the off chance that someone is taking a trip down memory lane looking through those old threads, I wanted to devote my signature to say directly to you, I'm sorry.

Thank you for letting me be better, NPF.
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Unread 07-14-2011, 03:14 PM   #3
Kurosen
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If it was printed the likelihood of a lawsuit would increase, but it's not a lawsuit they can win.
The only clear cut black and white element of copyright law in the United States is that there's no such thing as an obvious, clear cut, black and white decision when things go to a jury.

Mind you, I concur. There is nothing like a solid case against an 8BT print edition. But the reality is it's, at best, a 50/50 shot. Maybe you can put your livelihood on the line for those odds, but I'm not doin' it.
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and this is why you should not drink when you post. or be stupid. or in shiney's case be both while your mother is a whore.
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