All you have to do is visit/like and share!!! A project to bring back TinierMe TinierWorld BUMP to keep this thread alive! TinierWorld heart A re-creation of TinierMe - http://tinierworld.tumblr.com/
Posted: Sun Jan 20, 2013 10:17 pm
registered :>
was wondering about the legality of this, but then i guess private servers exist for mmos, and since the company no longer operates within the english community i don't think a small english based site will really get much attention from them?
was wondering about the legality of this, but then i guess private servers exist for mmos, and since the company no longer operates within the english community i don't think a small english based site will really get much attention from them?
As long as the re-creators aren't getting any monetary gain out of it, I don't see an issue. But I'm not really sure what the laws are regarding private servers. I think it depends on the TOS of the original site/game.
Posted: Tue Jan 29, 2013 10:13 pm
The Shield Maiden
ureii
registered :>
was wondering about the legality of this, but then i guess private servers exist for mmos, and since the company no longer operates within the english community i don't think a small english based site will really get much attention from them?
As long as the re-creators aren't getting any monetary gain out of it, I don't see an issue. But I'm not really sure what the laws are regarding private servers. I think it depends on the TOS of the original site/game.
/nod but they're planning on implementing g-coins, so i'm out. as soon as g-crest/whoever owns it now (?) finds out they're over.
a pretty good explanation:
Lokinta
The short of it: It's complicated. I wouldn't count on this idea working out.
This guy has no funding, can not obtain funding while using G-Crest's intellectual materials, and is planning to run a community site? . . . for free. . . alone? Not likely that he has even asked G-Crest's permission. He'll get his legal notice to quit soon enough. Like several of the other TinierMe spin-off fansites that didn't do it right..
The long of it:
What that guy is doing, so far, is illegal.. the graphics, programming and components are still owned by G-Crest and still being used by atgames, which holds the rights and shows no sign of plans to close. He'll receive his legal notice to quit if he actually puts the site up without requesting and actually receiving G-Crest's permission to do so.
It was in their TOS:
Quote:
4.4 Personal Use 4.4.1 The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service. Specifically, you may not use any area of the Service to collect information about Users, including User IDs, email addresses, and passwords, or use such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereof. You agree to advise us promptly of any such unauthorized use(s) or attempt(s).
What he *may* get away with citing is this, IF he is going to say he's running the site including hosting it without claiming any ownership rights over any of the material, or receiving any payment from site users.. which would be next-to impossible for the kind of traffic he'd get:
Quote:
5.1.3 YOU ARE ONLY LICENSED THE RIGHTS TO USE THE SERVICE (INCLUDING ALL CONTENT THEREIN), AND AS COMPANY EITHER OWNS, OR HAS LICENSED, ALL OF THE CONTENT (EXCLUDING USER CONTENT DEFINED BELOW) THAT APPEARS IN THE SERVICE, COMPANY DOES NOT RECOGNIZE ANY PROPERTY OR USE CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, PURCHASE GIFT OR EXCHANGE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE SERVICE, INCLUDING ANY CONTENT. SPECIFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY SERVICE-RELATED ITEMS (INCLUDING CONTENT), YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL, PURCHASE, GIFT, OR EXCHANGE SERVICE-RELATED ITEMS (INCLUDING CONTENT OR ACCOUNTS) FOR EITHER "REAL" MONEY, VIRTUAL CURRENCY, OR ITEMS OR ACCOUNTS FROM ANY OTHER WEBSITE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT(S) AND/OR THE ACCOUNT(S) OF THE USER WHO HAS ACQUIRED SUCH ITEMS OR ACCOUNTS.
His activity would fall under transmit and re-transmit, not to mention the whole of the section on Intellectual property rights which were and remain linked between US, Japan, and other countries. The data is still being hosted (for whatever reason) by G-Crest. DreamSelfy has obtained the proper permissions to continue to run. This was one reason why at least two other TinierMe spin-off fansites lost their rights to function.
Even so, I wonder what this guy ever planned to do in the realm of like, new material? Unless he's a serious flash artist and not just a half-@$% pirate knowing how to take advantage of what other people have pre-programmed and made, and being unable to gain any monetary funds off it (even IF he gets G-Crest's okay to use their intellectual property freely,) the site won't be going anywhere TinierMe didn't if he can't produce new material, events, build and moderate the community...
In short, I wouldn't count on it. Find something else to hope for.. sorry. :<
This post cites G-Crest's Terms of Service, which although the service of TinierMe has shut down, is still in effect because the business is.. still in business. The document is still available in English here: http://www.gcrest.com/en/tos.php
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