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Thread: C&D order filed against Dueling Network

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  1. #1
    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 Thanako's Avatar
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    Quote Originally Posted by JoJoToast View Post
    Didn't something like this happen before to DN a few years ago?
    I don't know if anyone got back to you, but I can elaborate here. A cease and desist (or equivalent, it's not my site) was sent to Dueling Network in the past for making use of the actual design on the back of the official cards (as the default sleeve no less, but it being used at all was entirely the issue). This time the order comes from Nihon Ad Systems, which are essentially the representatives for everyone with a voice regarding YGO, not just Konami. Why this is happening now and didn't happen then can lead to a lot of speculation, but coming when several new games are to be released for YGO worldwide, it makes some sense, I suppose.

    People spewing Fair Use forget that this is a concept that exists in the USA. Generally speaking Japan will differ to the other laws if one isn't applicable, but the anime/manga/music/related industries are quite harsh in comparison. As a basic example, The Pokémon Company has been known to shut down casual parties with a Pokémon theme, if you were advertising them, and the music industry of Japan has been known go send people to prison for basic copyright violations. This is an area where Japanese companies are most severe, and a cease and desist is quite hard to fight in either case. It is not a good situation in the slightest, and because this is happening now and not during the last incident, the nature of who Nihon Ad Systems is representing is up for debate, as well. I don't personally think Konami is advocating this, even though they are releasing several competitors this year for Dueling Network, mostly because this wasn't done in the past. Competitors for Dueling Network are nothing new.

    I won't pretend to have a degree in Japanese law, but I do know that it would be in Dueling Network's best interest to be very careful with what they choose to do from here on out.

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    Registered User SnorlaxMonster's Avatar
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    Quote Originally Posted by Thanako View Post
    As a basic example, The Pokémon Company has been known to shut down casual parties with a Pokémon theme, if you were advertising them, and the music industry of Japan has been known go send people to prison for basic copyright violations.
    To be fair, the one time this happened it was The Pokémon Company International (the branch that manages Pokémon in North America and Europe), not The Pokémon Company (the Japanese company). Also, that particular party had a fee to get in, which is why most fans speculate that TPCi went after them (even though the legal reason they cited was the advertising).

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

  6. #6
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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.

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    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 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(?)

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