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  1. YES, absolutely!

    46.3%
  2. Well... if you do the following you can bypass this

    19.5%
  3. NO, they have no rights todo so!

    34.1%
  1. RachelB

    RachelB GBAtemp Regular
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  2. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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  3. RachelB

    RachelB GBAtemp Regular
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  4. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    omfg what I said is there company is copy right protected! My point was the fact that not star bucks isnt taken down is because its said to be an art form, and is able to bypass star bucks taking it down
     
  5. RachelB

    RachelB GBAtemp Regular
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    Yeah, that's not how it works. Being art doesn't inherently allow you to ignore copyright/trade marks. You can only do it for specific purposes. For example, parody. If you were to make a movie about mickey mouse, disney would sue you, and win. However, stuff like this is totally fine, and disney can do nothing about it.

    Talk to an actual lawyer.
     
  6. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    Thats the word I was searching for! the wikipedia states that not starbucks called it parody art and thats how it got away with it. And PLEASE watch the attitude, i donot have the money to pay for a lawyer so this is the next best thing. if your trying to just make this hard for me then just leave please.
     
  7. RachelB

    RachelB GBAtemp Regular
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    Okay, then do what you want, but don't be surprised if you get in legal trouble because of it, since you clearly don't understand the law well enough. Which is understandable, because the law is very complicated, but that is why you talk to people who have studied it and been trained to understand it, and they can tell you exactly what is and is not allowed, and what your responsibilities are. If you choose not to, then you do it at your own risk.
     
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  8. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I dont "choose not to" I cant, I DONOT have the money or time todo so, I would LOVE to talk to a lawyer about this but as I said this is the next best thing... And as everyone but you has stated I have a low chance of getting into any legal trouble with my current footer.
     
  9. RachelB

    RachelB GBAtemp Regular
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    Perhaps you shouldn't do it then? Although it's unlikely (i never said it wasn't!), what would you do if nintendo were to sue you? If you can't even afford to talk to a lawyer for a few hours about what you need to do to stay within the law, how will you afford to deal with that? Random gbatemp members are not qualified to give legal advice. If you do what they say, then get in trouble for it, it's going to be all on you. I hope you don't forget that, while you are hosting copyrighted themes on your website.
     
  10. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I appreciate you saying this, what do you think I should do? because im out of ideas
     
  11. Arras

    Arras GBAtemp Guru
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    http://www.gamnesia.com/news/nintendo-properties-can-officially-be-used-for-fan-projects
     
  12. RachelB

    RachelB GBAtemp Regular
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    Well, you should talk to a lawyer. But since that is not an option, i can't say. Realistically, it's highly unlikely anything will happen, as long as you quickly respond to any messages from nintendo or others, but i can't say what the risks would be. You will have to decide for yourself if it is worth it.
     
  13. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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  14. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    if its to hard todo then dont bother but can someone explain to me how gbatemp users are able to post the 3ds themes and the forum site isnt worrying? I would like to use the same/if any tactic gbatemp is using when it comes to protecting there site
     
  15. RachelB

    RachelB GBAtemp Regular
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  16. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    Oh wow! I dont know what to think... Maby I should try to save up for a lawyer i dont even know anymore >_< shuting down the site seams like the best choice
     
  17. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I spent SOOO long working on that website, spent money on it 2 so I would rather not have it shut down
     
  18. RachelB

    RachelB GBAtemp Regular
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    Custom themes made entirely by users are totally 100% fine. You can host those without any risk. But not all of the themes you are hosting are. A lot of them are are using art made entirely by nintendo, or others, and not by the users uploading them.
     
  19. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    The themes on there are uploaded by the user, i have no clue if it uses copy righted elements or not... I currently have a thing saying that i dont claim anything on and that the user is responsible, does that make a diffrence?
     
  20. RachelB

    RachelB GBAtemp Regular
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    You don't need to shut it down, you just need to make sure you follow all the rules that govern this kind of website. Look into the dmca.

    Yes, it does, however I am not an expert on copyright law, and i do not know if that is enough to prevent liability. You will need to figure that out for yourself, preferably with the help of a lawyer, and not random gbatemp members.
     
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