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Post by jwtexan on Aug 19, 2019 16:47:30 GMT -5
And go...
They did WHAT!?!?!?!?!?!
So now HB is going to shut down the ONE thing it has going for it, user created content?!?!?!?!?!?!
RIOT!!!!
(someone catch me up, I'm just angry and uniformed like most Americans)
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Post by jacobkessler on Aug 19, 2019 16:50:19 GMT -5
Fair Use.
That’s it.
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Post by jwtexan on Aug 19, 2019 16:51:43 GMT -5
So where does it stop? Are all RCRs going to get washed from the game now?
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Post by TheDominator273 on Aug 19, 2019 16:53:54 GMT -5
If HB is going to cave then yes all RCRs could get the same treatment if the course contacts HB about it
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Post by jacobkessler on Aug 19, 2019 16:54:54 GMT -5
So where does it stop? Are all RCRs going to get washed from the game now? I don’t know. And as it’s been pointed out, Video Games are considered an ART FORM. Golf course design is an art form. And these designers aren’t making a profit off of these courses (or any money at all) so it should fall under FAIR USE. But ANGC is the way it is, and HB doesn’t care enough to go to court, so....
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Post by cephyn on Aug 19, 2019 16:58:43 GMT -5
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Post by jwtexan on Aug 19, 2019 17:00:02 GMT -5
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Post by TheDominator273 on Aug 19, 2019 17:00:30 GMT -5
In terms of the game ANGC threw the legal book at this is key. Upon information and belief, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, which includes Augusta National’s golf course and the Augusta National Trade Dress and bears the MASTERS family of marks, including, in particular, the Map & Flag Design and MASTERS mark. Through the websites available at www.redchaingames.com/portal.html and www.golfge.com/courses/augustaillyby/hole7/hole7.html, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, featuring Augusta National’s golf course and MASTERS family of marks. Attached hereto as Exhibit L are screenshots from the New CustomPlay Software. HB has done none of that, and the course is a user creation not an HB created course.
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Post by titaneddie on Aug 19, 2019 17:01:18 GMT -5
Wait, so did they actual delete the course files or just ***** the name?
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Post by cephyn on Aug 19, 2019 17:01:37 GMT -5
In terms of the game ANGC threw the legal book at this is key. Upon information and belief, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, which includes Augusta National’s golf course and the Augusta National Trade Dress and bears the MASTERS family of marks, including, in particular, the Map & Flag Design and MASTERS mark. Through the websites available at www.redchaingames.com/portal.html and www.golfge.com/courses/augustaillyby/hole7/hole7.html, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, featuring Augusta National’s golf course and MASTERS family of marks. Attached hereto as Exhibit L are screenshots from the New CustomPlay Software. HB has done none of that, and the course is a user creation not an HB created course. But it resides on HB's servers. Once notified that they are hosting infringing content, they must take action or be liable.
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Post by theclv24 on Aug 19, 2019 17:03:38 GMT -5
So where does it stop? Are all RCRs going to get washed from the game now? Considering HB didn't bother to do anything about an existing version of Sawgrass when releasing their own, I'd have to call this an Augusta specific incident.
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Post by TheDominator273 on Aug 19, 2019 17:08:09 GMT -5
In terms of the game ANGC threw the legal book at this is key. Upon information and belief, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, which includes Augusta National’s golf course and the Augusta National Trade Dress and bears the MASTERS family of marks, including, in particular, the Map & Flag Design and MASTERS mark. Through the websites available at www.redchaingames.com/portal.html and www.golfge.com/courses/augustaillyby/hole7/hole7.html, Defendants have promoted, advertised, offered for sale, and sold the New CustomPlay Software, featuring Augusta National’s golf course and MASTERS family of marks. Attached hereto as Exhibit L are screenshots from the New CustomPlay Software. HB has done none of that, and the course is a user creation not an HB created course. But it resides on HB's servers. Once notified that they are hosting infringing content, they must take action or be liable. Perhaps, but the content isn't infringing. It doesn't use any Masters copyrighted material nor uses its name. It is an artistic license inspired by the real course sure but that isn't enough to have any legal standing behind a Cease and Desist (if that's indeed what happened). The problem is that while HB is not in the wrong, it would do nothing but cost them a ton of money to fight in court which they absolutely will not do. We as the users of the game then suffer unjustly as a result with little to no recourse possible.
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Post by jwtexan on Aug 19, 2019 17:08:59 GMT -5
So are both designers course files and accounts completed deleted from HB now?
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Post by cephyn on Aug 19, 2019 17:09:28 GMT -5
But it resides on HB's servers. Once notified that they are hosting infringing content, they must take action or be liable. Perhaps, but the content isn't infringing. It doesn't use any Masters copyrighted material nor uses its name. It is an artistic license inspired by the real course sure but that isn't enough to have any legal standing behind a Cease and Desist (if that's indeed what happened). The problem is that while HB is not in the wrong, it would do nothing but cost them a ton of money to fight in court which they absolutely will not do. We as the users of the game then suffer unjustly as a result with little to no recourse possible. According to the C&D, it absolutely is infringing. "Plaintiff owns proprietary trademark and trade dress rights in each of the following well-known and distinctive features of Augusta National’s golf course design and layout, features that are among the most famous proprietary golf course features in this country and the world and are renowned among golf enthusiasts and the general public at large in this country: a. “Amen Corner,” comprised of the 11th, 12th and 13th holes of Augusta National’s golf course, and which is marked by the place where Rae’s Creek cuts across the southeastern corner of the course. Amen Corner features the lowest elevation of the course, and is further distinguished by the Hogan Bridge. The photographs attached at Exhibit A hereto depict the layout and appearance o Amen Corner; b. The Hogan Bridge is a footbridge with three arches across Rae’s Creek that takes golfers from the 12th fairway to the 12th green. Constructed of stone and topped with artificial turf, the Hogan Bridge was dedicated in 1958 to commemorate the then-course record set by Ben Hogan five years prior. The photographs attached at Exhibit B hereto depict the Hogan Bridge; and"
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Post by cephyn on Aug 19, 2019 17:10:16 GMT -5
ANGC has literally copyrighted Amen Corner and the Hogan Bridge.
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