Originally Posted by
FlyingJesus
Ok darlings, I'm here to save the day.
Sulake clearly think they're just messing with kids who want to earn a few bob from running a fansite, but scare tactics don't get around my skills and truths :8
Incorrect. Sulake own the copyright to the images, yes, but copyrighted images can still be displayed by those other than the holders as long as credit is given. Think about the multitude of Runescape, WoW, Final Fantasy, Pokémon and every other type of fansite around - all you have to do is have a footnote saying "images copyright Sulake.ltd" etc etc
No need darling, we have a free genius :D
Again, if you give credit to Sulake for any images you have on your site you'll be fine. Receiving money for something that's actually illegal such as a retro/backwards engineered client would leave you extremely open to legal action, but images and names don't fall under that. I've got no love for your site specifically but I don't think anyone (let alone someone who has actually done fairly well with their site as opposed to a 10 year old with a web domain) to get pushed under by this.
Truth. They can't make us change our name any more than they can force images off our site if we give proper credit. Copyright on something simply means that no-one else can claim ownership or creation of it, it doesn't mean no-one else can so much as say something.
..And so we come to my final piece for now. Sit back ladies and gentlemen as a simple yet entirely legal loophole is mentioned to you.
"Donations" whereby each person will get extras does count as selling a service - this is the same anywhere you go. However, a competition with a cost to enter is not the same thing.
Here's a little story all about how my life got flipped, turned upside down: at a school fayre when I was young, I was told of the wonders of the beer tent. Of course, I couldn't go in, but it was pure genius that I learned that day. Being a children's event and not having an alcohol license, they could not legally sell beers, so a "raffle" was set up whereby anyone with a ticket ending in 5 or 0 would "win" a beer. Of course, every ticket ended in a 5 or 0, and because alcohol can indeed be given as a gift or prize to anyone over 18, it was entirely legal.
If worst comes to worst and we are forced to remove VIP, we can implement this in its stead without any legal worries. Sell competition tickets with a prize of VIP priviledges and make it so that each ticket wins. It's not illegal to set your own competition rules, and if people still want to see that as selling a service, a seperate domain for it could be set up (not directly affiliated with Hx of course) whereby THEY sell tickets to an online competition, the prize being HxF VIP.