No worries. Remember that the vast majority of suits settle out of court - we're talking between 90-97% of them. A judgment against the publisher could expose them to a large liability - it's cheaper for them to pay the creators and their attorneys than it would be to give them royalties on each copy of the game…

If we get rid of the Redskins because "It doesn't matter if the entirety of an ethnic minority is or isn't offended by a word", then we need to get rid of the Boston Celtics, Minnesota Vikings, Notre Dame Fighting Irish, Vancouver Canucks, Montreal Canadiens, Pittsburgh Steelers, Cleveland Browns, Chicago Blackhawks,…

You're right in that you HAVE to have it registered if you want to sue for damages. Otherwise you can basically get the infringing party to cease and desist and that's about it.

That could be the saving grace for Scribblenauts, the fact that the characters ARE memes and haven't really been defended very well. It's a defense, for sure, and the court will take it under consideration. The owners of the characters, however, could claim that other uses weren't commercial in nature to refute that…

Arguing semantics is my job. I'm a lawyer. I understand your position on things, but, from a legal perspective, you're using incorrect terminology. Intellectual Property is the catch-all term for Copyright, Patents, and Trademarks. It's not a "pre-registered" copyright.

17 USC 302(a) states "Copyright in a work…

Fair use is determined on a case-by-case basis based on four factors:

Incorrect. Copyright attaches at the time of creation. As the copyright holder, you have specific exclusive rights:

Nintendo CAN offer it - all they have to do is put an NDA clause in the contract as to whom offered whom what and call it a day. :-)

I'm a lawyer, we see loopholes everywhere...and where there aren't any, we'll create them!

It's quite easy to argue against your points. First, the likelihood of recidivism is very low - she's just not going to have an opportunity. Secondly, the child's care is important to society - if the mother is not there and the marriage is in trouble, the cost of caring for the child will then rest on society. …

A C&D is quicker than going through Federal court, which is why they're used. Standing to sue attaches at the infringement, but most copyright holders will opt for the C&D letter as there's rarely much financial gain to recover from the infringing party.

It wouldn't be illegal to enter into a contract to use the…

It's not a threat - it's the consideration in the contract to gain the use of the fan translation. Each side must give something to the other - the fan translators give Nintendo the right to use their translation (and possibly gain an in-game credit) in exchange for Nintendo giving up their right to sue the…

No, Nintendo doesn't have a legal right to use the translation - they can order a cease and desist of distribution of the translation and require destruction of the translation in order to stave off a suit...OR they could offer forgoing any legal action in exchange for the translated script and gain the rights by…

Profit is only one prong when looking at Fair Use. In this case the ENTIRE script was translated, resulting in a prima facie case of copyright infringement, specifically the right to prepare derivative works.

The consideration on Nintendo's part could be a promise to not file a lawsuit against the "translators" for violating Nintendo's right to prepare a derivative work.

The fan-translated script is a copyright violation in and of itself. Nintendo could easily use the work in the game in exchange for not pursuing legal action against the translators. :-)

"Blasphemy is basically the unforgivable sin. It is separation from God. It's not to say that you cannot be forgiven but it is the ultimate big no no sin."

Unforgivable = cannot be forgiven.

SPOILERS

The entire game is based on quantum mechanics. The reason the Booker we play succeeds is because it's the only Booker that's being observed by the player. The outcome of the other Bookers are undetermined...except for the Booker that became a martyr for the Vox - that's another Booker that's been observed by…

Ironically, dance is considered art.

I know it's Agent 47, I just have a strange sense of humour. :-)

Is that Adam Sessler cosplay?