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Copyright Infringement Claims


CenSin

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Well, it seems that after 2 years, my fantasy map has caught the attention of a company called LeakID. I checked their website out and they're supposed to be looking for copyright infringement on behalf of copyright holders. It's unlikely that the MTA or their partners would be working with them, but the PDF file I uploaded to 4shared.com was taken down today.

 

My work is non-commercial and a derivative covered under fair use, so I've got an argument already.

 

I fired back an e-mail demanding an explanation from both 4shared.com and LeakID. I have not gotten a reply back, but what you you think about the situation?

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How exactly can you pirate a map? It's not like the map was shareware or anything...

 

I tried to find if there was any Terms of Use on the MTA site about maps and I couldn't find anything...

 

Also, I bet that if you get a response, they will just try to put a straw man argument into "lawyer language" and pray that you won't understand it.. smfh

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I don't know what your map looked like/was a derivative work of, but this is what applies to the MTA's stuff, as far as I know

 

-Bullets/logos are TRADEMARKED but NOT copyrighted-they're too simple.

 

-Maps, timetables, etc. are copyrighted. Fair use applies when used for "criticism, comment, news reporting, teaching, scholarship, or research".

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I don't know what your map looked like/was a derivative work of, but this is what applies to the MTA's stuff, as far as I know

 

-Bullets/logos are TRADEMARKED but NOT copyrighted-they're too simple.

 

-Maps, timetables, etc. are copyrighted. Fair use applies when used for "criticism, comment, news reporting, teaching, scholarship, or research".

The file was only alike in terms of background (the water, land, and streets). The lines, labels, and station markers were put in manually. (I traced the lines and station markers since it was easier in Microsoft Office.) I'm pretty sure I removed the MTA logo. I left out plenty of other things due to laziness.

 

Regardless, this would be fair use, and if I were to pick one of your fair use scenarios, it'd be criticism; the service needs to be expanded like the map dictated.

 

A whole business day has passed so far and I haven't gotten a reply from the copyright reporter. According to the DMCA, I believe after contesting the take down and not receiving a response within a certain time period, the host is supposed to make the file available as a counter against abusive take downs. Right now, it appears as if 4shared.com is requiring that the copyright reporter consent to putting the file back up (which I know they'd prefer not to do). I don't know if I can compel or convince them to do that in light of Megaupload.com being taken down and other file hosting services disabling their sharing services.

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