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Are you asking, if a user posts something that violates the rules, but then goes back and deletes it or edits?

~

 

That is the question, my friend, and okay, a fair enough point you've made in the latter part of your post (not quoted)

But the point of the question is; if that post (in original form) no longer exists in the Forum front end, it no longer exists in the thread which any of the general Forum membership can view, that being the thread the general member views.

 

Sure, it may have come through on 'subscription to the thread' (which is what I think is meant there in the above quoted post), IF they have chosen to do so... but, if they (who may have subscribed) choose to follow that link(?) back to the thread... and that post (in its original form) no longer exists; Does not that say something? The 'unsubscribed' general member, that being The General Audience, would not be aware of what was was, or isn't, so to speak

The terms listed, seem to have been set by a very high level (referring back to the Opening Post of this thread) and in a question relating to the OP, its a situation which could have an unintended consequence... this is the question. Lets be very clear on this, this is the question.

 

So, I would be asking the level which has set this thread, to consider my question and premise - if you like, it can be done over the PM system


Edited by Wolf Rider
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  • 5 months later...
  • 3 months later...
  • ED Team
You have a forest of copyright violations in the Razbam section on the Harrier.

 

I can identify at least seven images in their Livery Suggestion thread that were posted by someone who is not the original photographer.

 

How is it copyright violations? They are just links to images shared on the net already, not sure I am following you. I mean you can google for these images...

 

And I am asking respectfully, I dont understand how this is any different than sharing a youtube video or anything else that is freely found on the net.

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I guess he changed his mind.

 

In the big picture, 99.9% of the photos posted on this forum were not posted by the original photographer.

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  • ED Team
I guess he changed his mind.

 

In the big picture, 99.9% of the photos posted on this forum were not posted by the original photographer.

 

If there is an issue we can address it, I will ask the world to shut down the internet :)

 

But seriously, if the images are freely shared on the net, I am not sure what we can do. They are only posted as fans of the aircraft, not to make any money or anything else from them...

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How is it copyright violations? They are just links to images shared on the net already, not sure I am following you. I mean you can google for these images...

 

I just typed a lengthy post, going into quite some detail on my understanding of copyright law.

 

But the very simple answer is: You can also google for cracked versions of DCS World and DCS modules. Assuming that such a search yields hits and the content is "on the net already", does that mean it's not a copyright violation to link to and share such content?

 

Now explain how it's any different when an image is embedded here to which the copyright holder does not consent (even if he/she never knows about the embed).

 

I rest my case. :smartass:

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Let me try another angle.

 

According to French copyright law the illuminated Eiffel tower is actually copyrighted. It's okay to take pictures, but sharing them will get people into legal troubles, at least when doing so in France.

 

Now, is it legal to share images of the lit tower on this forum? In Canada, the US and Germany it probably would be. In France, not so much.

 

In Germany, a school kid was once sued for putting a picture on his website that he'd downloaded from a site called "free desktop wallpapers". In the US that might have been fair use, over here it wasn't.

 

I could go on and list dozens, probably hundreds of cases of copyright infringement that are based around putting images on websites, even when these images were already published on the web and could easily be found on google.

 

There's no international standard on copyright laws. German copyright lacks the "fair use" clause that exists in the US. But I'm sure even in the US, companies will argue against fair use as soon as there's a commercial interest.

 

Saying that there's no copyright problem with content just because said content has already been uploaded elsewhere seem naive at best, and then we haven't even touched the question of which jurisdiction applies.

 

In other words, I'm not complaining about anything posted here. But I absolutely wouldn't want to be legally responsible for this forum, either. ;)

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"FAIR USE" - COMMUNITY BASED FORUM DISCUSSION EDITOR TOOLS USAGE

 

Hello gents,

 

I made inquiries into all this a few years ago after some post message discussions and what was explained to me by Copy Right Legal representatives is as follows below.

 

I had this posted in 3 other Forums in similar form, as well that I visit.

 

 

 

COPY RIGHT USE

 

 

"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "Fair Use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of "Fair Use."

 

 

Internet Reference:-

 

 

 

 

The information contained in Forum's or personal online archives is for the personal use by the Virtual Air Combat Communities associated with a study home based Air Combat Flight Simulator or video game for entertainment purposes only!

 

For Example ...............

 

Internet Reference:- http://en.wikipedia.org/wiki/Digital_Combat_Simulator

 

The material is only to be used for study purposes only through reading resources and watching video footage for the student to learn all there is about aviation and air combat fundamentals in form of PDF, Picture and Video.

 

The intent is solely for "Study Purposes", "Only" to be used by Multi-Player Virtual Squadrons as entertainment purpose only and in Forum Discussions!

 

Also all material archived and disseminated is sourced via Open Source Websites" freely accessible and in some cases via purchase.

 

For Example..........

 

 

(*Note:- If stated for public distribution )

 

Other sources of information used like Google, Photo-bucket, Image-shack, Wikipedia are free online public storage etc

 

Also the actual flight simulators video games have many stored documentation of their own under your ……

 

C:\Program Files\Eagle Dynamics\DCS A-10C\Doc …… etc.

 

Also all material archived and obtained through online resources as well as a community maybe shared and stored online like for example "MediaFire Account's" this permissible under the "Freedom of Information Act"!

 

 

 

All users of these shared files will work within the legal bounds of “FAIR USE and FREEDOM OF INFORMATION” with the use of a Combat Simulator for "Study Purposes and Home Entertainment", Only in a community and Forum based discussions.

 

 

So after a few phone calls and the provided online links and information given to me this is what I have summed up, that its allowed.

 

Although to add nations like China for example have strict laws and filter out much of what is allowed and not allowed online as an example, but to stress, they do the censoring as a governing body not other private entities or bodies or groups of people.

 

So I hope that helps in some way as I have covered some ground to explain how the use of Pics, Videos and PDF Docs is allowed under those conditions.

 

But always read the fine print and conditions to be sure and search your countries laws for doing so.

 

I am an Australian living in a democratic society where freedom of information is allowed under law and constitutional rights as a citizen.

 

Regards


Edited by WRAITH

 

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  • ED Team

 

In other words, I'm not complaining about anything posted here. But I absolutely wouldn't want to be legally responsible for this forum, either. ;)

 

It's been here for a while, so I think maybe your concerns are naive at best ;)

 

I think most of the copyright issues you see for other sites, are the ones that uses those images as their own content, while most posted here are just fans liking airplanes. I am sure you could find a photographer out there that might not like that, but I think in general its pretty harmless. And most wouldnt care, or need to figure out how to better protect their images.

 

If ED was using these images to promote their products on their website, then I could see an issue...


Edited by NineLine

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Actually, with copyright laws you can't be sure if you are on safe ground or not, too many laws apply, too many countries and nations involved and treaties may or may not apply.

 

If you need a precise answer, consult an internationally working lawyer office like Baker & McKenzie, pay 10 grand and you *edit: "MAY" * get an answer you can dare to go to court with.

 

Germany is currently changing many things in copyright laws regarding "streaming" content, GEMA wants money from Google, etc. etc. not even the lawyers nor judges have precise answers as it is right now and you can debate about it for a big amount of money...for years.

 

The downside is, the forum will suffer if people will hold back posting content that may contribute to the DCS Experience.

 

This is a very complicated matter stretching across realms of laws, aka nations, and will remain so until copyright is given up for the sake of humanity.

 

Copyright has it's good sides, yes, but the downsides exists too and hinders many good things to happen that actually harm nobody.


Edited by BitMaster
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Copyright is there to protect the financial interests of the owner of the original content. Fundamentally, if you make financial gain by the use of a picture, then it is within the rights of the owner of the image to receive compensation for the misuse of an image.

 

If however, an image is used without financial gain, then there is very little motive for the copyright owner to act.

 

Fundamentally, without the owner's permission ANY use of a picture is a breach of copyright. Reality however is that unless it is likely that the owner will profit by the pursuit of a claim, it simply isn't going to happen. I was a professional photographer, and naturally I rub shoulders with many more who still work in that sphere. The consensus is that the majority of minor breaches simply aren't worth pursuing, and unless there is a blatant use of them for financial gain, then re-publication of an image isn't a huge issue.

 

In the eyes of the law though, unless you print an acknowledgement of a source under a clearly defined creative commons agreement, any use of a picture not originated by yourself is a breach of copyright unless you have the owners consent to use it.

 

But fundamentally, how many people do you know who have been dragged through the courts over copyright? I know a few photographers who have fought and won cases against newspapers and magazines, simply because they are fundamentally a profit making enterprise. Web sites just aren't worth pursuing because generally, they have no interest in financial gain through the use of pictures.

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  • 3 weeks later...
  • ED Team
Today I noticed that I had gotten a 10% warning on my posts. However when i checked "Review Post" (the reference post).....I find I did not even post on that thread. What's the story, please?

 

I reviewed and decreased your warning to 0%, the warning is quite old and should have been set to expire under the new guidelines.

 

Let me know if you need anything else.

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If you need a precise answer, consult an internationally working lawyer office like Baker & McKenzie, pay 10 grand and you *edit: "MAY" * get an answer you can dare to go to court with.

Yet when one of the people who has worked for those companies voices his knowledge and advice about the subject, he gets shut down by the Armchair Airforce.

 

NeilWillis' summary is quite good, although I want to add "privacy" as another important factor to consider when using a picture. Not very important when we're talking about virtual aircraft, but one that gets overlooked way too often, even by large corporations.

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  • 4 weeks later...
  • 1 month later...

In addition to the Reputation annotation on the label to my posts, there is below it a Warnings section, with several orange blocks and a percentage value (0%).

 

I have clicked on the graphic and it tells me I have no warnings against me.

 

Can you tell me what this means and whether I have committed a misdemeanour?


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  • 3 weeks later...

Can someone please tell me the names of some mods here that I can PM regarding a recent warning.

Thanks.

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Thanks BIGNEWY, I’ll send one in a few minutes.

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Can some one explain the warning System on the Steam forums, as the rules laid out here don't seem to apply to the Steam forum for DCS and your mods over there just seem to apply permanent bans straight off with out any warnings at all, this happened to me at least 6 months ago.

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  • ED Team
Can some one explain the warning System on the Steam forums, as the rules laid out here don't seem to apply to the Steam forum for DCS and your mods over there just seem to apply permanent bans straight off with out any warnings at all, this happened to me at least 6 months ago.

 

Is your name over there the same, you can PM me if you like. We are developing a set of rules and guidelines over there similar to hear to be more transparent and consistent.

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