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NoWay_AsWay

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Posts posted by NoWay_AsWay


  1. As a fan of psychology, Sociology, Research and ArmA I am very interested in your project. Also I am a Norwegian-American, My family (Forsethlokken) had a farm near Trondheim and moved to the US around 1900. So an extra point of interest for me anyway. I will be thinking about your Research project and will offer some thoughtful input when its digested.

    One suggestion, the word "Informant" in common english is a pejorative. e.g. Informants are commonly found in the world of organized crime.


  2. In reading through this thread the thing that bothers me is the lack of lack of any real leverage to apply pressure with. There is perhaps another avenue besides forcing BIS's hand. In A3Ls documentation I found the standard creativecommons licenses/by-nc-nd/4.0/ and this:

    disclaimer.txt

    Arma 3: Life is an ArmA3 community using a custom map originally developed and released to the community by El76 and Optyrex as an Arma2 Map.

    Arma3-life.com only owns the modifications made to such map - see License file included. You can still use the original Arma2 map as you prefer, as it belongs to EL76 and Falcos, and it was released as a community WIP project.

    This release (or modpack) is meant to be for the Arma3-life.com community and any use of any addons/files labeled A3L (A3L_) AND LakesideValley.pbo is strictly forbidden to be used in any other game server (no matter what game) unless this server is hosted by arma3-life.com itself (THIS INCLUDES THE MAP). All other addon mods are on public domain and can be utilized at your desposial.

    All Youtubers and Streamers that use any of our A3L labelled addons/files (Or the map: LakesideValley.pbo) agree that Arma3-life.com has the right to take down any and all videos and/or posts at our descretion if the content was not filmed/streamed on the official A3L server.

    Ya, they misspelled "discretion" and "disposal" but this did give me the idea to look into intellectual property and streamed content.

    Now in the Twitch ToS I found this on intellectual property:

    Twitch Repeat Infringer Policy.

    Repeat Infringer Policy.

    In accordance with the DMCA and other applicable law, Twitch has adopted a policy that it will promptly terminate without notice any user’s access to the Twitch Service if that user is determined by Twitch to be a “repeat infringer.†A repeat infringer includes, without limitation a user who has been notified by Twitch of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the Twitch Service more than twice. Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    In addition, Twitch accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

    #13 Rights in User Content.

    ...

    By submitting or posting User Content to the Twitch Service, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Twitch Service;

    Twitch is a huge sources of publicity for A3L, with hundreds to thousands of viewers a day watching A3L streams.

    Again, "Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others..."

    DMCA takedown notice can also be sent to A3l isp's who by law will have to investigate.

    http://www.sfwa.org/2013/03/the-dmca-takedown-notice-demystified/

    "Compared to the normal legal process for getting an injunction to remove an infringing copy from the network, which takes a long time and an enormous amount of resources, a DMCA takedown notice is fast, simple, and can be drawn up by a copyright holder without the help of a lawyer. It really is very powerful."

    Might be worth considering.

    Digital Millennium Copyright Act Notification Guidelines:

    From:

    http://www.twitch.tv/user/legal?page=dmca

    Digital Millennium Copyright Act Notification Guidelines

    Notification of Infringement

    It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringersâ€. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.twitch.tv) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCAâ€) by providing Twitch’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512©(3) to confirm these requirements):

    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Twitch web site are covered by a single notification, a representative list of such works at that site.

    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Twitch to locate the material. Providing a broadcaster’s feed and the time on such feed at which you believe there has been an infringement is the best way to help us locate content quickly.

    Information reasonably sufficient to permit Twitch to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

    Please note that Twitch may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects for publication.

    Counter-Notification

    If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

    Your physical or electronic signature.

    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

    A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

    The subscriber’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Twitch may be found, and that you will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.

    Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

    Designated Copyright Agent

    Twitch’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 225 Bush Street, 6th Floor, San Francisco, CA 94104 or by email at copyright@twitch.tv. For clarity, only DMCA notices should go to the Twitch Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Twitch customer service through help@twitch.tv. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.


  3. Hi Timmac,

    I'd like to begin by saying I'm grateful and want to thank you for all the laughter you have given us fans. You strike a perfect balance of maturity, enthusiasm for silly shit and great RP.

    /**Warning**The following (while being respectful as possible) is intended to shame you just a bit.**Warning**

    First off; Acknowledging and addressing the problem of a3l-intellectual-property.

    It feels to me like your attitude is "not my job not my prob i'm going to the warehouse to polish my knob" (joke from The Office). If so, that’s fine... You’re a grown man and can form your own opinion. That’s fine. But (my opinion) it is incumbent upon you to explain your position concretely to your thousands followers and the ArmA community in general. I like the way Lewis (PsiSyndicate) has done this very thing like a man at:

    . Again hats off to Lewis for being a man about it.

    Secondly; (!)

    When I see this subject is brought up in your chat it instantly devolves into an argumentum ad hominem followed by a chat ban for those who dare say anything against A3L. Perhaps there can be a (!a3l-intellectual-property) command to briefly explain your position and/or link to an explanation including (just like the "!no-meta-gaming") a define what is acceptable in chat.

    **END_Shaming**/

    Lastly; ArmA has a close knit and generous community.

    All drama aside, developing a game is hard, time consuming and extremely technical e.g. from ibtimes.com “GTA 5’s†$265 Million development and marketing budget also rivals Hollywood blockbuster budgets, such as “Avatar’s†$237 million budget". Point being, The ArmA community is well established, close knit and are generous with helping each other (for FREE). I just don't understand why anyone involved with ArmA would treat this community with the disdain A3L Project Lead Caiden has. They are too arrogant to admit it but I think this attitude has decimated the quality members of their dev team. Personally; I think the real asset A3L has is its awesome streaming and role playing community. If the streaming community banded together on this, you guys have the power to enact substantive changes for the ultimate good of A3L.

    Ref:

    http://arma3-life.com/forums/index.php?/topic/35121-a3l-intellectual-property-statement

    http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life

    Quick about me for reference: I started playing Bohemia Interactive's Operation Flashpoint Cold War Crisis(now ArmA) in Oct. 2001 after building my first computer (Overclocked Athlon XP, 256MBDDR, 40Gig WD hd). Over the years have downloaded literally hundreds, if not thousands of community made add-ons. I have infinite love and respect for all the hard work put into helping make ArmA the greatest game ever made.

    Take care bro,

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