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iPhone Application infringes on Bulbapedia license

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Rellik

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Cool, wait til they fix it, then change the templates again. :) An alternative if you can't reach an agreement.

I was joking but it's probably not such a bad idea?
According to their iTunes description, they're the way code so that it reads the info on the wiki differently because everyone's been getting fed up with how often it crashes, since Bulbapedia is constantly experimenting with new templates and styles. So that won't work.
 

Jioruji Derako

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According to their iTunes description, they're the way code so that it reads the info on the wiki differently because everyone's been getting fed up with how often it crashes, since Bulbapedia is constantly experimenting with new templates and styles. So that won't work.
They're changing the way it reads it, but no matter what, it's still attempting to read it. As such, we can still - pardon my language - "fuck it up" whenever we so feel like it.
Unless they get their own information and host it on their own server, we still ultimately have control over what their app displays. And despite it being a better option, I don't really think the members of Team Bebop really feel like going through all that hard work of keeping a full PokéDex up-to-date on their own bandwidth.

Geo - a.k.a. Jioruji Derako
 

evkl

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Geo, don't pardon your language. You're very correct.
 
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So next time Bulbapedia has sever problems I will be able to say "Oh well,at least an evil company is profiting!"
Seriously,what are the options for dealing with this?
 

PokieFan09

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@Archaic Can you afford a lawyer? I'm not sure who is in the wrong. I don't think they owe you money, but they should just have a footer adknowledging where the data comes from. After all you're wikipedia usings actual data that belongs to another company.
 

1337R34P3R

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i don't see what their problem is; all they need to do is add "all information copyright (c) 2009 Bulbagarden etc. etc." they're making way too big a deal out of this.
 

evkl

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@Archaic Can you afford a lawyer? I'm not sure who is in the wrong. I don't think they owe you money, but they should just have a footer adknowledging where the data comes from. After all you're wikipedia usings actual data that belongs to another company.
Edit: I misread you. Whoops.

Facts, of course, are free. But our collective work is protected by license. Since they charge for the use of our (free) data, they're in violation of portions of our license.

Additionally, the works we've collected are an exception to copyright under fair use. So it isn't like we've "stolen" Game Freak's work. We're using their work in a legally protected way.

i don't see what their problem is; all they need to do is add "all information copyright (c) 2009 Bulbagarden etc. etc." they're making way too big a deal out of this.
No, this isn't really how it works...they're doing a number of things that violate our license. Simply attributing it to us isn't enough to get around the noncommercial and sharealike clauses.
 

PokieFan09

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@evkl I understand that. They could have collected the facts from somewhere else though. I haven't reviewed your license agreement, but I don't think you are entitled to montary compenstation for damages unless they refuse to adknowledge you as a source of information.
 

evkl

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Pokie, I don't think you really get what's at issue here.

They're in violation of our license. We don't want a million dollars or anything. We do want them to either stop charging for their application or remove it from the App Store. If they don't do that we will take action to ensure that their app either does not work or it is removed from the App Store. But it isn't especially relevant where they collect their facts, since their program is not a standalone collection of these facts. Their program hops on the internet, does some jujitsu to parse Bulbapedia pages into acceptable iPod Touch/iPhone form, and then displays them. They use our bandwidth to display it. They have done no work of their own.
 

MAGNEDETH

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lets pay them a visit...in person...
 

DCM

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sabotage is not something you should jump to so fast.
although they ignored liam's letter, there are better ways to deal with this situation than trolling them.
 

PokieFan09

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@evkl I doubt they will remove it without some form of a law suit (i.e. that requires a lawyer). Also, you've decided to move beyond recognition in terms of damages? Do they really use your bandwidth or just dynamically check your site?

@the plotters Sounds like a good idea. *sarcasm*
 

Doctor Oak

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But our collective work is protected by license.
A license that, it should be pointed out, is just words and has no legally binding contract behind it - and has never been contested in court to hold up against people using it.

You have more legal grounds to stand on over the fact it's using Bulbapedia's server than the content it's using.

Technically, it's in breach of copyright of Nintendo to charge for such a thing anyway. So, if you just contacted the AppStore support pointing out that it's in breach of copyright and impacts on your server (rather than focusing on a weak license), it should be taken down.
 

Archaic

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The full legal code of that license constitutes a contract as I understand it, Doctor Oak. I'm not sure if there's been a legal case (I'd actually be surprised if there wasn't, somewhere), but the license is considered legally binding.

EDIT: There has been a legal case, in a Dutch court. Seeing as the legal people I may have access to are in fact Dutch, this is a very good thing for us.
A Creative Commons license was first tested in court in early 2006, when podcaster Adam Curry sued a Dutch tabloid who published photos without permission from his Flickr page. The photos were licensed under the Creative Commons Non-Commercial license. While the verdict was in favour of Curry, the tabloid avoided having to pay restitution to him as long as they did not repeat the offense. An analysis of the decision states, "The Dutch Court’s decision is especially noteworthy because it confirms that the conditions of a Creative Commons license automatically apply to the content licensed under it, and bind users of such content even without expressly agreeing to, or having knowledge of, the conditions of the license."
 
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evkl

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My understanding of their application is that they actually fetch data from our site, re-format it, and display it through their app.

Anyway, the App Store isn't going to wait to get sued to take it down. (See: YouTube and DMCA notices.)
 

Virtual-Z

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Re: iTunes Application infringes on Bulbapedia license

I sincerely hope that some kind of agreement can be reached between both Bulbagarden/Bulbapedia and Studio Bebop.
Fuck that, I say Studio Bebop can fuck off now. As Archaic said, our side tried to be nice but now they are being pricks. Sue their ass!
lets pay them a visit...in person...
That too. I'm with ya, Deth.

And, if they're making money from it, am I right to think that they are probably also infringing on The Pokemon Company?
 

Falconwing

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PorygonZ, why don't we just have you infiltrate and corrupt the app? :)
 

Rellik

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Re: iTunes Application infringes on Bulbapedia license

Fuck that, I say Studio Bebop can fuck off now. As Archaic said, our side tried to be nice but now they are being pricks. Sue their ass!
Archaic also said that it's a good App and wouldn't mind working together with them to help improve it for all Pokemon fans.

That too. I'm with ya, Deth.

And, if they're making money from it, am I right to think that they are probably also infringing on The Pokemon Company?
I don't think so. If they were, then Pokemon fan-sites like Bulbapedia and Serebii would be to, since they're making money off of advertisements. Although, I'm fairly certain that the revenue earned through advertisements for both of these websites goes towards maintaining them, so I don't know how that would affect the situation.
 
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