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Thread: C&D order filed against Dueling Network

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    The Ender of Misinformation Organization Messenger's Avatar
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    C&D order filed against Dueling Network

    A law firm claiming to be acting on the behalf of Nihon Ad Systems (NAS), an animation production and licensing company that currentlymanages many ofthe rights of the Yu-Gi-Oh! series,has filed a cease and desist order to the popular online duel simulator.
    According to head administrators from Dueling Network, the website was ordered to remove all imagery relating to the Yu-Gi-Oh! trading card game and animated series.
    Currently, thereis no evidence to implyany involvementon the behalf ofKonami.
    In addition,based on the information we currently know,theC&D orderis limited to DN.It will not affect theWikia-hosted Yu-Gi-Oh! Wikior our own site, YGOrg, which are legalentities independent from DNand should be protected under the rules of Fair Use.
    We’ll keep you updated ifmore information comes to light.
    ------ https://ygorganization.com/cd-order-...eling-network/ - Joenen

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    Registered User JoJoToast's Avatar
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    Didn't something like this happen before to DN a few years ago?
    Stop spreading on me!

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    Registered User Yugiohhiro101's Avatar
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    Round 2...FIGHT!

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    Just in case, I'd like to ask, is Yu-Gi-Oh! Wikia in danger of DMCA because of card images?

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    Registered User Pendulum's Avatar
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    Quote Originally Posted by melcarba View Post
    Just in case, I'd like to ask, is Yu-Gi-Oh! Wikia in danger of DMCA because of card images?
    http://yugioh.wikia.com/wiki/Template:Fair_use.

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    Quote Originally Posted by Pendulum View Post
    Unless I'm missing something, card images do not fall under fair use and can possibly be affected by DMCA.

  7. #7
    Registered User Yuuri's Avatar
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    This made my day. No, seriously. My day cannot get any better than this.
    Currently using: Predator Plant, Pendulum Magician, Zarc Magician, Red-Eyes Interested in: Magibullet, Altergiest, Vullet(?)

  8. #8
    Registered User Tamaru's Avatar
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    Quote Originally Posted by melcarba View Post
    Unless I'm missing something, card images do not fall under fair use and can possibly be affected by DMCA.
    You're missing a few things.

    Firstly, "fair use" is a legal defense for when you go to trial; things don't "fall under" fair use, instead you use fair use to defend your work should it go to trial. Of course, there are works you can probably safely argue will be defended by fair use, but even then, it's down to a jury to decide at trial.

    Secondly, "fair use" is a purposefully vague concept. It's not as black and white as just listing what will be protected by fair use and what won't. At trial, many factors are considered when fair use is presented as a defense, so just because it isn't listed anywhere that card images specifically don't "fall under" fair use doesn't mean they won't be considered to be at trial.

    Taking this into consideration, companies can choose to file take down notices - even if fair use might apply in court - if the chance of a trial isn't very likely. In the case of Wikia, I'd like to think they have the means to go to court, and that judgment would be in their favor because they are an encyclopedia, but who really knows. It's not really the point, since Wikia aren't the ones targeted right now.
    Last edited by Tamaru; 25th March 2016 at 04:09 PM.

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    Registered User Zarkiel's Avatar
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    I'm curious if Devpro and Ygopro are going to get targeted next. It might be harder since those are downloads, but they could target the site producing said downloads.

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    Registered User SynjoDeonecros's Avatar
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    Well, this is going to put a damper on my deck-building endeavors. They're probably doing it to avoid competition with their new official duel player.
    "Is it so important that you win one last argument with him?"
    "No, it is not, but it is true that I will miss the arguments; they were, finally, all that we had."

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