Unfortunately, in legal battles, those who have the bucks win the battles,
whether they are right or not. But I would think that if you could show how
you tried to contact them and never got any responses from them, they must
not be interested. If they're not interested, then they shouldn't bother
battling.n
--
If guns kill people, writing implements cause grammatical and spelling
errors!
----- Original Message -----
From: "Thomas Ward" <[email protected]>
To: "Gamers Discussion list" <[email protected]>
Sent: Friday, April 19, 2013 10:05 PM
Subject: Re: [Audyssey] LOTR Games was Children's Games
Hi Charles,
Sigh...Sorry, but that is not a sound legal defense in my opinion.
Granted I am no lawyer, and my understanding of copyright law, is
based on what I have read. However, the fact that said content is
inaccessible to a blind person doesn't give someone legal rights to
just use it without explicit permission.That's where the catch 22
comes in.
If I want to use Lord of the Rings, Star Wars, Star Trek, whatever I
must legally license it from the copyright holder. However, the
copyright holders are use to licensing their stuff to big name game
developers like Activision, Capcom, Sony Entertainment, etc and their
royalties are generally pretty steep. A lot more than a guy who might
make $10,000 tops off a game could afford. So their counter argument
would be I should have legally licensed the copyright from their
licensing division, and the courts may uphold that argument. The fact
I was unable to pay the licensing fees would be immaterial.
Besides which you are forgetting the cost of court fees to begin with.
Weather the "I'm blind and your games isn't accessible" argument holds
up or not where am I suppose to come up with $1,000 for the retainer
fees for a lawyer plus any other court fees just to file the initial
motions etc. I just looked at my finances and found out if I paid $75
for the Blindsoftware.com games I would be cutting things pretty close
this month. Now, imagine if I can't come up with $75 on short notice
money for fighting it out in court with a copyright holder with money
to burn isn't very darn likely.
Cheers!
On 4/19/13, Charles Rivard <[email protected]> wrote:
I would probably be wrong, but if they want to take someone who produces
an
audio game dealing with their material, could this be a defense: There
is
no game that blind people can play based on this material from anyone,
you
in particular. You have been contacted several times on this matter, and
have not responded concerning the making of such a game. The fact that
no
such game existed until now shows that this game does not detract from
your
sales. You had the opportunity to produce such a game and did not do so.
--
If guns kill people, writing implements cause grammatical and spelling
errors!
---
Gamers mailing list __ [email protected]
If you want to leave the list, send E-mail to
[email protected].
You can make changes or update your subscription via the web, at
http://audyssey.org/mailman/listinfo/gamers_audyssey.org.
All messages are archived and can be searched and read at
http://www.mail-archive.com/[email protected].
If you have any questions or concerns regarding the management of the
list,
please send E-mail to [email protected].
---
Gamers mailing list __ [email protected]
If you want to leave the list, send E-mail to [email protected].
You can make changes or update your subscription via the web, at
http://audyssey.org/mailman/listinfo/gamers_audyssey.org.
All messages are archived and can be searched and read at
http://www.mail-archive.com/[email protected].
If you have any questions or concerns regarding the management of the list,
please send E-mail to [email protected].
