Backbreaker Preview (Xbox 360 Magazine)

[CharleyDanger]

Like I said the DMCA says that companies have a legal responsibility to police illegal UGC, and if they do not they can be held liable.

http://www.lawofthelevel.com/2009/07...bility-claims/

Its your 1st amendment right to create what you want, but it is law that companies must remove the content if it is infringing.

Another thing is that all the other examples like fantasy baseball and comic book characters do not compare to the amount of infringement that there would be in an recreation of the NFL in BB. We are talking over 700 players and 32 teams that MILLIONS would end up using.

The below is a quote from the above link. It was written by a lawyer specializing in interactive entertainment law

"With increased flexibility in content creation and UGC comes increased risk of copyright infringement. Game designers must carefully consider the balance between gameplay and self-protection"

[t11]

Look at the post above yours CD.

[CharleyDanger]

Quote: Originally Posted by t11

Look at the post above yours CD.

AHHHHHHHH, go back to the BB forum T LOL

If you read my post you would of seen that I addressed the comic book case.

And what really makes the NFL/NatMo thing so different is that in the Keller/EA case the judge did not thrown out the case. That means the judge looked at all legal precedents and refused to throw the lawsuit out.

If it has truly been a legal precedent that companies are not responsible for its UGC, then the EA judge would of thrown the UGC part of Kellers case out months ago.

[CharleyDanger]

Quote: Originally Posted by wEEman33

Those who remember the PC game Freedom Force will recall that one of the comic book companies tried to sue EA because the game allowed users to recreate likenesses of Wolverine, Captain America, etc. But that lawsuit was thrown out by the courts on the grounds that you can't legislate user-created content. Backbreaker has nothing to worry about when it comes to users recreating existing NFL/NCAA teams.

Do you have a link to something about the EA V comic book company? I cant find anything about it.

[t11]

Well, it proves you are right. lol. The company was forced to legal action. BUT the court threw out the case under the grounds that you can't legislate UGC.

[t11]

BUT, lets not turn this into another content sharing thread lol.

This preview is promising but I can't wait to here more next week!

[ronnieb]

Quote: Originally Posted by CharleyDanger

Very good post, many solid points. Yet the lawsuit states "EA Sports "intentionally circumvents the prohibitions on utilizing student-athletes' names by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds." This speaks to the shared content aspect of the game. I think creation and editing in games will be just fine imo. The DMCA even says if companies are at least trying to prevent infringement then the companies are in the clear. If the companies just remove content sharing as a in game tool then I think they will avoid liability 99% of the time.

i need some help to undersatnd cause i m french (yes french and a football fan..) my english is ok but the discussions is becoming very technical from alegal stand point, if i sum what you mean :
1/ you can edit whatever you want (names, teams, stadium
field, commercials stands etc...)...
2...if and only if you can t share it with a system like 2K share for example..am i right ?
thanks for clarification but i think the stakes are huge for the future of sport gaming

[t11]

Thats what he is saying. If you create the NFL on your game, there is nothing the NFL can do about it. But if there is a download on a service provided by Natural Motion, the NFL can shut it down.

However, when you refer to 2k, I'm assuming you mean 2k5. Backbreaker would not be liable for people uploading there saves to a site and then letting others download.

So really, you will be able to get the NFL into Backbreaker no matter what. Its just the convience of it that we are arguing about.