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 Forum index » Archive » Archive: The Haunted Apiary (Let Op!) » The Haunted Apiary (Let Op!): General/Updates
[LOCKED] [O/T] This is wrong.....right?
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DarkStorm
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Joined: 23 Jul 2004
Posts: 76

Even worse, I'm sure they're only going to get high bids because of Halo 2. Like the case where someone got $500 for a Playstaion 2 box (because the bidder thought it was for a PS2, not just the box), someone could easily get a lot of money from people who see the "Halo 2" and "Xbox Live" logos on the disk and mistakenly think that this is Halo 2 itself (even if the auction says otherwise).

-DS-

PostPosted: Fri Nov 05, 2004 5:58 pm
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Mazian
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Joined: 31 Aug 2004
Posts: 529
Location: San Francisco, CA

gkrohne wrote:
At the event, the PM's encouraged us to share the DVD with our friends. After the event, I asked a PM explicitly if he intended for us to copy and to distribute the DVD freely. He told me "Yes". The DVD is to generate interest in Halo 2. Halo 2 makes Microsoft lots of money, so Microsoft grants you the right to copy this work freely, so long as you don't try to make money on it. Look for it on a bittorrent near you, soon.


Yes, the DVD, not a ripped version. However, I am asking for more explicit clarification. The answer they may give me may be bound by contractual obligations to Microsoft who owns the copyrighted material, regardless of their personal preferences.

Since Microsoft owns the material, the PMs really don't have a say on the method of it's distribution. Still, if the PMs say that there is no restriction on distribution, then I'll back down.

If as I suspect, Microsoft determines distribution channels, then you sir, are violating the law.
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PostPosted: Fri Nov 05, 2004 6:03 pm
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NMZ
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Joined: 27 Aug 2004
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Location: Minnesota

Think about this logically:

Why would Microsoft, Bungie, or 4orty2two be unhappy if we copied & redistributed the material (for free)?

Benefits of copying:
-Free advertising for their games
-Free advertising for the companies themselves

Bad things of copying:
-None

I completely agree that selling the DVDs for a profit is both immoral and illegal. But copying the DVDs and redistributing for no more than the production & shipping costs is perfectly legal, and if not, Microsoft and Bungie shouldn't care because there are no negative effects to the companies if they are copied. There are, however, positive effects. Copying the DVDs will help Bungie/Halo, not hurt them.

PostPosted: Fri Nov 05, 2004 6:25 pm
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Mazian
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Superjerms posted something here.

I tentatively retract my concerns over free duplication of the DVD. Certainly the PMs review the forums, and I certainly expect they will say one way or another in response to the private email I sent asking.

I have no objections to being wrong, as long as the PMs and Microsoft do not consider this a violation of their Copyrights.

Cool


I'm glad to see that others are reporting Ebay auctions of the ILB DVD. It makes me all warm and fuzzy, like the first time I spoke to Kristen (Melissa).
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PostPosted: Fri Nov 05, 2004 6:29 pm
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NMZ
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Joined: 27 Aug 2004
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Speaking of the eBay auctions, I'm keeping track of all of the violating numbers on my post on the first page. Go there for an up-to-date listing.

PostPosted: Fri Nov 05, 2004 6:31 pm
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Mazian
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NMZ wrote:
Speaking of the eBay auctions, I'm keeping track of all of the violating numbers on my post on the first page. Go there for an up-to-date listing.


As soon as I get my ebay account active again Rolling Eyes I'll be joining this list of those reporting these actions.
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PostPosted: Fri Nov 05, 2004 6:34 pm
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NMZ
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Joined: 27 Aug 2004
Posts: 66
Location: Minnesota

Got this (automated) email once for each auction submitted:
Quote:
We will review the listing(s) you have reported for violations of our
Potentially Infringing Items policies. In order to keep eBay a safe and
fun place to trade, we often rely on members like you to bring such
violations to our attention.

In light of our privacy policy, we cannot share with you any action
taken by eBay with respect to this listing. If we determine that the
listing violates eBay policy, we may:
1. send the seller an informational alert;
2. remove the listing; or
3. suspend the seller.
Account suspensions are usually reserved for those sellers that
repeatedly disregard policy.

If the item you reported does not appear on its face to be infringing,
we may refer it to the intellectual property rights owner for review. If
the rights owner has a good faith belief that the item is infringing,
they may choose to send eBay a formal request to remove the listing. For
more information on eBay's cooperation with rights owners, please visit:
http://pages.ebay.com/help/confidence/programs-vero-ov.html
For more information on eBay's Potentially Infringing Items policies,
please visit:
http://pages.ebay.com/help/sell/item_allowed.html
Thank you for your report.
Regards,
The eBay Community Watch Team


Looks like someone will be looking at those auctions. Hopefully they'll be removed Smile

PostPosted: Fri Nov 05, 2004 6:48 pm
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Thumper
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Joined: 25 Jul 2004
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One thing I wouldn't have a problem with is if people put their training event lanyards up on eBay. That's one thing I missed because I couldn't make it to the training event.

PostPosted: Fri Nov 05, 2004 6:50 pm
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TheDoctor
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Joined: 27 Oct 2004
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Ok, I'm going to take a contrarian opinion here, so roast me if you must. (No, I'm not selling anything - my DVD is my prize possession.) Smile

First, IANAL, so I don't know what the legalities of selling the ILB DVD on eBay are. eBay's page on selling promotional items is a bit vague (http://pages.ebay.com/help/policies/promotional.html), but it seems to deal more with things like illegal copies of "screener" or advance-promo DVDs rather than free giveaway products like the ILB DVD.

So unless there's something specifically in the law that forbids the sale of such DVDs, I'm going to assume that the ILB DVD can be considered a gift from MS to all who received it, and therefore is their property to do with what they want. The n00b who got one at the theater, then got mad that it wasn't a Halo2 disc and snapped it in half before stomping off may have been a jerk, but he wasn't acting illegally. It was his disc, and his to dispose of with as he pleased.

Similarly, the guys selling on eBay are just taking something that's theirs and disposing of it how they see fit. I don't know their motives - maybe they acted like jerks and snarfed up 10 copies yesterday just to sell. Or maybe they got it, watched it, and said "Huh, that was interesting", followed by "I wonder if I can sell this to anyone?"

I frankly don't see the problem with the marketplace doing it's supply/demand thing here. Perhaps another way to look at it would be like this. There's a guy selling his on eBay for $10 at the moment:

Were you unable to get a DVD yesterday? Did you really want one? Would have you paid a friend $10-15 if he/she would have gone and gotten one for you?

No - it would be too much to pay? Well, don't worry - it didn't happen.

Yes - it would be worth the cost? Then you're in luck! Someone did just that!

They'd like a little cash. You'd like to have the DVD. Is it so wrong to let capitalism kick in?

Just my opinion. So go ahead, flame away! Mr. Green

PostPosted: Fri Nov 05, 2004 7:20 pm
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midas777
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Joined: 18 Aug 2004
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Location: Austin, Texas

this is wrong

Agreed. It is wrong... and I believe it is in writing on the disc that they are not for resale... that would make it illegal, would it not?
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PostPosted: Fri Nov 05, 2004 7:24 pm
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SuperJerms
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Thumper wrote:
One thing I wouldn't have a problem with is if people put their training event lanyards up on eBay. That's one thing I missed because I couldn't make it to the training event.


First, let me say good job, stalwart dedication to the cause, wort wort wort, and all of that.

I posted in the other thread where marzian linked, and again props to him/her. I also followed up on the following page with this:

I'm unsure that the auction is actually illegal, provided that the auctioneer is selling his or her personal copy and not a copy given out in good faith of distributing for free.

I know it's cloudier because we're talking about someone selling something that is software...but as far as I can tell it would fall into the category of legal if the DVD was a personal copy. In this case, it's roughly the same as if the person sold a lanyard.

Or, think of if you were to receive a Pearl Jam CD from Aunt Mildred. You didn't pay for it, but it is now your personal property. Selling the CD may be an affront to Aunt Mildred (since she gave you the disc), but it's neither copyright infringement nor illegal. I would assume that the same holds with free promotional items.

Put another way. Let's say you go to the opening concert for Pearl Jam's newest tour, and they gave away free bumper stickers. You could go to E-Bay and sell it to whoever wanted it, even though you didn't pay. I would guess the same rule applies here.

Now, if the seller talked to the PM and said, "Can I have an extra DVD to give to a Beekeeper who couldn't make it?" and turns around to sell that? That's false pretenses, immoral at the least, but I dunno if it's illegal or not Confused


Either way, you were right to report him if you suspect it's illegal. Your conscious is clear, and EBay will know what to do here too.


EDIT: I just saw the above post about the "no resale." Yep. It's illegal, then.
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PostPosted: Fri Nov 05, 2004 7:29 pm
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TheDoctor
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Quote:
I believe it is in writing on the disc that they are not for resale... that would make it illegal, would it not?


I'm not sure about that. Usually notices that say "Not for resale" are part of an agreement between a distributor and a reseller/retailer. It usually is just a shorthand reminder for what they've already contractually agreed to do.

However, it's not binding on a third party who does not have a business relationship with the distributor. So in this case I would think that the DVD (though not the content, in a tricky sort of licensing way) becomes the property of the third-party, giving them the right to watch it, eat it, smash it into bits, make a pie out of it... or sell it.

PostPosted: Fri Nov 05, 2004 7:39 pm
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Lady Kata
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Something interesting about one of these auctions:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=617&item=6337818349&rd=1&ssPageName=WDVW

The auction itself:
Quote:
This is a reward DVD received from the end of the I LOVE BEES alternate reality game. It contains unused audio clips, the entire story (including a special farewell from Melissa), and behind the scenes information. An excellent end to an amazing ARG.

*Buyer assumes all shipping. I only accept PayPal and am very quick in my transactions as my feedback will show.

*Technically you are not bidding on the DVD but on the time I spent playing the game and getting a DVD. The DVD is a free gift to the winner of the auction who purchases my time.


Which brings up an interesting point. Instead of bidding on the DVD, you are bidding on the value of this person's time spent on the ARG. This person is selling a legal good.

Of course, I'm just playing devil's advocate here. If anyone should profit at all from this game, it should be the PM's.

I just e-mailed the PM's to get permission to do my own "listing." One that tells people where to e-mail to try to get a free copy of the DVD.

PostPosted: Fri Nov 05, 2004 8:39 pm
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NMZ
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Joined: 27 Aug 2004
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TheDoctor wrote:
Quote:
I believe it is in writing on the disc that they are not for resale... that would make it illegal, would it not?


I'm not sure about that. Usually notices that say "Not for resale" are part of an agreement between a distributor and a reseller/retailer. It usually is just a shorthand reminder for what they've already contractually agreed to do.

I don't follow, can you clarify? Maybe have a reference that explains in more detail?

Lady Kata wrote:
Something interesting about one of these auctions:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=617&item=6337818349&rd=1&ssPageName=WDVW

The auction itself:
Quote:
*Technically you are not bidding on the DVD but on the time I spent playing the game and getting a DVD. The DVD is a free gift to the winner of the auction who purchases my time.


Which brings up an interesting point. Instead of bidding on the DVD, you are bidding on the value of this person's time spent on the ARG. This person is selling a legal good.


Hmm, looks like this dude cleverly cheated the system. I guess this guy isn't doing anything illegal and has gotten around using a loophole. Still worth reporting, in my opinion, to keep these creeps out. If they're doing nothing wrong, then eBay won't do anything, and no harm is done. If they are doing wrong, eBay will take the appropriate action and the world is a better place.

Edit: Interesting afternote: he is selling it under the DVD area, which would count as putting the product in the wrong category, and eBay will have to re-categorize it... with an extra fee to the seller.

PostPosted: Fri Nov 05, 2004 9:04 pm
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skilletaudio
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Joined: 17 Aug 2004
Posts: 515

Time is not a saleable good.
Effort put into acquisition is a factor in determining worth of a saleable good. But it doesnt turn a non-saleable good int a saleable one. It turns it into a souvenir.

PostPosted: Fri Nov 05, 2004 9:18 pm
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