Removal of Content from Service(s)

[Noble]

Removal of Content from Service(s)

We, the legal owners of our content, formally request the removal of our content from any and all FearlessRP services defined under §1.1 of the FearlessRP Terms of Service. After recent attempts by those involved in this request who were either met with counter-claims or ignored we post this demand publicly to ensure it to be seen. Under no legal standing is our content owned by either Jan Metzlar (SoulRipper) or the ‘organization’ for which he represents (FearlessRP). Any claims to such content is a direct breach of copyright law not only in the countries that we reside but the country that the Service is hosted in. Under the legal jurisdiction of our residing countries or that of the Service; the United States, United Kingdom, Czech Republic, Norway, and France we demand that our content be removed under the following provisions:

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Noble - Nicholas Kruse - United States of America

§ 201 . Ownership of copyright
(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.
(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

As I was not legally hired § 201(b) does not apply. As for any claims to ownership of my content please refer to § 204(a).

§ 204 . Execution of transfers of copyright ownership
(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.

No such transfer of legal document was ever signed by myself to convey transfer of ownership of my content. Thus, my content is still legally owned by myself.

Source: United States Copyright Office - http://copyright.gov/title17/92chap2.html



GRiiM - Jake Charnock - United Kingdom
Wood - Calum King - United Kingdom

§ 9 Authorship of work.
(1)In this Part “author”, in relation to a work, means the person who creates it.

§11 First ownership of copyright.
(1)The author of a work is the first owner of any copyright in it, subject to the following provisions.
(2)Where a literary, dramatic, musical or artistic work [F1, or a film,] is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

§16 The acts restricted by copyright in a work.
(1)The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—
(a)to copy the work (see section 17);
(b)to issue copies of the work to the public (see section 18);
[F1(ba)to rent or lend the work to the public (see section 18A);]
©to perform, show or play the work in public (see section 19);
[F2(d)to communicate the work to the public (see section 20);]
(e)to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);
and those acts are referred to in this Part as the “acts restricted by the copyright”.
(2)Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.

Since Wood nor GRiiM were also never employed by FearlessRP for the creation of their works they fall under both §9 and §11 as owners of their material.

Source: Legislation.gov.uk - http://www.legislation.gov.uk/ukpga/1988/48/contents



Voluptious - Lars Pedersen - Norway

By Åndsverkloven’s §1 a literary, scientific or artisitic work is defined as:
1) writings of all kinds,
2) oral lectures,
3) works for stage performance, dramatic and musical as well as choreographic and pantomimic; also radio plays,
4) musical works, with or without words
5) cinematographic works,
6) photographic works,
7) paintings, drawings, graphic and similar pictorial works,
8) sculpture of all kinds,
9) architectural works, drawings and models as well as the building itself,
10) pictorial woven tissues and articles of artistic handicraft and applied art, the prototype as well as the work itself,
11) maps, also drawings and graphic and plastic representations or portrayals of a scientific or technical nature,
12) computer programs,
13) translations and adaptations of the above-mentioned works.

Åndsverkloven §5 states:

Any person who by combining several literary, scientific or artistic works, or parts thereof, creates a collective literary, scientific or artistic work shall have the copyright in the collective work, but this right shall in no way restrict the copyright in the individual works of which the collective work consists.
Unless otherwise agreed, the individual contributors shall be free to make their contributions public in another manner.

I have not agreed to any copyright transfer upon transferring my scripts to the Service(s) and its servers. In addition to Norway’s laws the Service(s) Terms Of Service also state this under §2.1:

2.1. Who owns the content that I put on the Services? We do not claim ownership of the content you provide on the Services. Your content remains your content. We do not control, verify, or endorse the content that you and others make available on the Services.

I am and have always been the soul copyright holder of the content provided in the list of page 1.



Åndsverkloven §39 states:
Assignment of a copy shall not include assignment of the copyright or any part thereof, even if it is the original that is assigned.
Åndsverkloven §39 states that I may have transfered my content to the Service(s) but the Service(s) or its affiliates do not own the copyright to it as long as I do not agree.

Sources:
http://www.kopinor.no/en/copyright/copyright-act § 1.12, § 5 (Translated to english)
https://lovdata.no/dokument/NL/lov/1961-05-12-2 § 1.12, § 5 (Original norwegian source (from the state))
http://i.imgur.com/N02MmGi.jpg (FearlessRP Terms of Service image format)
https://dl.dropboxusercontent.com/u/7704...ervice.pdf (FearlessRP Terms of Service pdf format)


Darkn00b - Jan Vit - Czech Republic

Article 2
Author `s work
(1)
The subject matter of copyright shall be a literary work or any other work of art or a scientific work, which is a unique outcome of the creative activity of the author and is expressed in any objectively perceivable manner including electronic form, permanent or temporary, irrespective of its scope, purpose or significance (hereinafter referred to as “work”). A work shall be, without limitation, a literary work expressed by speech or in writing, a musical work, a dramatic work or musical-dramatical work, a choreographic work and pantomimic work , a photographic work and a work produced by a process similar to photography, an audiovisual work such as a cinematographic work, a work of fine arts such as a painting, graphic or sculptural work, an work of architecture including an urban design work, a work of applied art, and a cartographic work.

Article 9
Origin of Copyright
(1)
The copyright in a work shall arise at the moment when the work is expressed in any objectively perceivable form.
(2)
Copyright in a work shall not become extinct by the destruction of the object through which the work is expressed.
(3)
The acquisition of the ownership right or of any other right in rem to the object through which the work is expressed shall not imply authorisation to exercise the right to use the work, unless otherwise agreed or unless otherwise stipulated herein. The extension to another person of authorisation to exercise the right to use the work shall not affect the property right or other rights in rem to the object through which the work is expressed, unless otherwise agreed or stipulated by special legal regulation.

SECTION 2
Moral Rights
Article 11
(1) The author shall have the right to decide about making his work public.
(2)
The author shall have the right to claim authorship, including the right to decide whether and in what way his authorship is to be indicated when his work is made public and further used, provided that the indication of authorship is normal in such use.
(3)
The author shall have the right to the inviolability of his work, in particular, the right to grant consent to any alteration of, or other intervention in his work, unless otherwise stipulated herein. Where the work is used by any other person, such use may not be executed in a way that detracts from the value of the work. The author shall have the right of supervision over such other person’s compliance with this obligation (author’s supervision), unless the nature of the work or its use implies otherwise, or unless it is not possible to fairly require the user to enable the author to exercise his right to supervision.
(4)
The author may not waive his moral rights; these rights are non-transferable and shall become extinct on the death of the author. This shall be without prejudice to the provision of Paragraph (5) below.

Under Czech Republic law Darkn00b hold all rights to his content in addition to ‘Moral Rights’ that are non-transferable and are applicable till his death.

Source: World Intellectual Property Organization - http://www.wipo.int/wipolex/en/text.jsp?...Target_537

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We demand that the following content be removed in accord to the legal copyright laws stated above:


Infringing IP: 5.135.141.116
On ports: :27015, :27030, :27040, :27050


Noble - Nicholas Kruse

Ambulance texture - models/lonewolfiescars/ford_f350_ambu/skin.vmt
 - models/lonewolfiescars/ford_f350_ambu/skin.vtf

Male police officer texture - materials/models/taggart/police01/securityguard.vmt/.vtf

Female police officer texture - materials/models/fearless/cops/female/evo_police_female.vmt/.vtf

Male paramedic texture - materials/models/taggart/police02/securityguard.vmt/.vtf

Female paramedic texture - materials/models/fearless/paramedics/female/evo_police_female.vmt/.vtf

BMW texture files - materials/noble/fl/bmw_lod.vtf
- materials/noble/fl/bmw1.vmt/.vtf
- materials/noble/fl/bmw2.vmt/.vtf
- materials/noble/fl/bmw3.vmt/.vtf
- materials/noble/fl/bmw4.vmt/.vtf
- materials/noble/fl/bmw5.vmt/.vtf
- materials/noble/fl/bmw6.vmt/.vtf
- materials/noble/fl/dash.vmt/.vtf
- materials/noble/fl/dash_nm.vtf
- materials/noble/fl/dashtop.vmt/.vtf
- materials/noble/fl/floor.vmt/.vtf
- materials/noble/fl/seats.vmt/.vtf


GRiiM - Jake Charnock


Baseball Bat - models/griim/weapons/baseball_bat/c_baseball_bat.mdl
 - models/griim/weapons/baseball_bat/w_baseball_bat.mdl
 - materials\griim\weapons\baseball_bat\baseball_bat_diffuse.vtf
 - materials/griim/weapons/baseball_bat/baseball_bat_normal.vtf

Food (including: Candycane, potato, christmas dinner)
- models/griim/foodpack/candycane.mdl
- models/griim/foodpack/christmasdinner.mdl
- models/griim/foodpack/potato.mdl
- materials\griim\foodpack\christmasdinner\plate.vtf
- materials\griim\foodpack\christmasdinner\potato.vtf
- materials\griim\foodpack\christmasdinner\turkeycarved.vtf
- materials\griim\foodpack\christmasdinner\gravy.vtf
- materials\griim\foodpack\christmasdinner\carrot.vtf

Mushroom Drug (may not have been added)
- models/griim/drugs/mushroom.mdl
- materials\griim\drugs\mushroom.vtf
- materials\griim\drugs\mushroom_normal.vtf


Wood (lua content) - Callum King

Rewrite to the mixture system (expecting revert to the old system)
- gamemodes\cityrp\gamemode\core\plugins\mixtures\cl_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sh_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sv_init.lua
- gamemodes\cityrp\gamemode\core\derma\cl_inventory.lua

Measuring Tool 
- addons\cityrp_measuring\lua\weapons\gmod_tool\stools\measuringstick

Advanced Duplicator Save Optimisations
- addons\advduplicator\lua\autorun\shared\file.lua

Baseball Bat 
- gamemodes\cityrp\entities\weapons\cityrp_baseballbat\shared.lua


DarkN00b - Jan Vit (John Vit)

Baton - models/darknoob/
- materials/noob/

Briefcase - models/darknoob/
     - materials/noob/

Radargun - models/darknoob/
      - materials/noob/


Voluptious - Lars Pedersen
/insertlaw and /editlaw 

Warning when inventory reaches capacity  

Act restrictions when cuffed or tied - init.lua, remove/edit GMlayerShouldTaunt()

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The content listed above is to be removed within 72 hours at the time of posting of this statement. Failure to do so will be considered a non-compliance with our demands as the legal content owners of our creations and will leave us with no other options then to file a DMCA takedown with your host provider of the infringing IP, OVH SAS, who has a proven track record of following DMCA requests due to international copyright law treaties. If this is ineffective we will begin procedures under French legal code which, as the ones quoted above, confirms our ownership. Please feel free to review it here: http://www.wipo.int/wipolex/en/details.jsp?id=5563

This action has been discussed for a number of weeks now and is in no way related nor reflecting the opinions or views of ‘another community’ or any person(s) affiliated with said group.

Signed-
Noble, GRiiM, Voluptious, Wood, Darkn00b

[Astari]

I love how OVH doesn't process DMCA requests.

You just wrote ALL this for nothing as the server is hosted in france therefore DMCA doesn't apply as its a american treaty

I've had 16 DMCA requests from Killslick to remove perp from my ovh server and OVH do NOT give a single shit about it

[Derkaderk]

You're funny.
Nice bullsh*t mate, you can't do anything lmao, get the f*ck off the website.
OVH do not have a proven track record at all HAHAHHHAAHHA.

You can't DCMA any of the stuff used on server either lmao as this ain't an American server
"If it's not an american company, then DMCA does not apply"
OVH is in France last time I checked.

[Astari]

You're funny.
Nice bullsh*t mate, you can't do anything lmao, get the f*ck off the website.
OVH do not have a proven track record at all HAHAHHHAAHHA.

You can't DCMA any of the stuff used on server either lmao as this ain't an American server
"If it's not an american company, then DMCA does not apply"
OVH is in France last time I checked.

OVH is yes, Based in France.

The DCMA law cannot touch fearless's dedicated.

[John Cena]

You know, OVH may not process DMCA request, but if Soul doesn't remove it, then, hes breaking his own ToS.
http://fearlessrp.net/tos.html
section 2
# 2.6

[Noble]

I love how OVH doesn't process DMCA requests.

You just wrote ALL this for nothing as the server is hosted in france therefore DMCA doesn't apply as its a american treaty

I've had 16 DMCA requests from Killslick to remove perp from my ovh server and OVH do NOT give a single shit about it

OVH and OVH SAS are 2 separate companies that follow different legal procedures. Server providers also typically have DMCA compliance protocols if located outside of the United States. Even if a DMCA was not acknowledged by OVH SAS we can continue legal proceedings under French legal doctrines since they are nearly identical to all the ones we've referenced. 

Not to mention OVH makes their stance very clear:
"When suspicious activity (SPAM, violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) is detected by OVH or reported by a third party, OVH may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service."

You're funny.
Nice bullsh*t mate, you can't do anything lmao, get the f*ck off the website.
OVH do not have a proven track record at all HAHAHHHAAHHA.

You can't DCMA any of the stuff used on server either lmao as this ain't an American server
"If it's not an american company, then DMCA does not apply"
OVH is in France last time I checked.

Read my statement above and all the legal doctrines cited. You do not need to file copyright to have copyright ownership of your work, this is granted at the point of creation (you edited right before I responded).

[De CodeerHeer]

/addlaw -initial command to add law - uploaded and added right after first promotion.

- gamemodes\cityrp\gamemode\core\plugins\mixtures\cl_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sh_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sv_init.lua
- gamemodes\cityrp\gamemode\core\derma\cl_inventory.lua

That is actually my work which I didn't upload before my demotion. Don't try to steal my copyright pls.

[Voluptious]

/addlaw -initial command to add law - uploaded and added right after first promotion.

- gamemodes\cityrp\gamemode\core\plugins\mixtures\cl_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sh_init.lua
- gamemodes\cityrp\gamemode\core\plugins\mixtures\sv_init.lua
- gamemodes\cityrp\gamemode\core\derma\cl_inventory.lua

That is actually my work which I didn't upload before my demotion. Don't try to steal my copyright pls.

I made /editand /insertlaw from ground up, the only thing based off your script was the name of the law table + interaction with the derma window client side.

We (me and Wood) rewrote the mixture system several times during your absence, so Wood would like the newest one removed and reverted to the old state before we started remaking them.

EDIT: I just now realized I got a command mixed up, /addlaw is ment to be /insertlaw. Deepest apologies that I got them mixed up.

Thanks for your concern though.

[De CodeerHeer]

It's under my copyright, I was the orginal creater of the law system, thus not able to ask for removal.

[SoulRipper]

I will await the DMCA requests.

Closed thread to prevent uneccessary flame.