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Removal thread for The Blue and White

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ActuallySpaceMan42 said:
Yes, the entire verse, everything about it is fanfiction, not a single original thing in any chapter.
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If I may make an equivalence, you're basically saying that if I create a verse with different characters or whatever, but I have characters from other offical works as active parts of the story (not just throwaway character names or whatever), then it's not a fanfiction? Because that's basically what's going on here
 
WeeklyBattles said:
The second he started bringing in characters from other IPs, without express licensing from their respective companies or without classifying the work as fanfiction, it stops falling under fair use. Full stop.
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Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely.
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Gasper said:
Weird coming from you. Then SCP is also a fanfiction because it uses other IP's.
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Tell me youve never read SCP without telling me youve never read SCP.

SCP doesnt use other IPs in its canon, they segregate tales that do that into a specific set of stories, Project Crossover, which is literally acknowledged as being fanfiction that is not canon to the series as a whole.

Project Crossover - SCP Foundation

The SCP Foundation's 'top-secret' archives, declassified for your enjoyment.
scp-wiki.wikidot.com scp-wiki.wikidot.com

Everything else, such as character references in test logs and articles, falls under parody because its not claiming the characters as belonging to SCP as an IP.
 
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Gasper said:
I also seen arguments against it. So here is a big problem isn't it?
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Uh...okay? Not sure what this was supposed to prove. I saw the arguments for it being a fanfiction and not eligible for the wiki and I agree with them. You don't have to agree. Nobody said you do lol
 
Anyway, under fair use, as long as the copyrighted material takes up a smaller portion of the work, it's more likely to be under fair use. That plus the fact it is Licensed & Published, NOT only in China but in the US, and is under CC 3.0 (Creative Commons), I don't see how the burden of proof is on me.

Under the rules of Vsbattle Wiki itself, I said before that it doesn't actually break any rules.
Do not add any original or fan-made characters to the wiki. If you wish to create any original/fan-made character profiles, feel free to do so in the FC/OC wiki. "Original" here refers to relatively obscure characters from self-contained stories created by members and their friends, whereas "fan-made" refers to ones appearing within fanfiction or works containing a sufficient amount of another piece of fiction's copyrighted material without official permission.
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China is notorious for not really giving a **** about protecting other countries' intellectual properties, or at least doing the bare minimum required to protect their own international interests. There is a reason why "Chinese product = counterfeit" is a stereotype.

I agree with removing B&W from the wiki for the reasons stated above—you can't just rip characters from other franchises and insert them into your own like you own them and then claim your work is original. There's a limit to "fair use" and "parody law".
 
Jaften said:
I agree with removing B&W from the wiki for the reasons stated above—you can't just rip characters from other franchises and insert them into your own like you own them and then claim your work is original. There's a limit to "fair use" and "parody law".
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And it doesn't cross the limit of fair use, no one has actually sited, quoted, or shown me anything that stated otherwise, it's just been a bunch of "I think it's this way".
 
ActuallySpaceMan42 said:
And it doesn't cross the limit of fair use, no one has actually sited, quoted, or shown me anything that stated otherwise, it's just been a bunch of "I think it's this way".
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Please show where the author has express permission from Toei, Marvel, ONE, Perriot, and every other company they are using characters from to use their characters in his novels.

If he does not have this, then it breaks the wiki's "sufficient amount of another piece of fiction's copyrighted material without official permission" rule.
 
ActuallySpaceMan42 said:
The moment it was licensed and published despite US Copyright Laws and not taken down after 5 Years.
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Being licensed by your publisher means nothing, he needs an individual license from the parent companies for every single individual IP character and setting he has in his story that is not his own original characters or settings. That is how copyright law works.
 
WeeklyBattles said:
Being licensed by your publisher means nothing, he needs an individual license from the parent companies for every single individual IP character and setting he has in his story that is not his own original characters or settings. That is how copyright law works.
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  1. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
Click to expand...
  1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
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WeeklyBattles said:
Using licensed IPs from other people's works and claiming said works as your own is not Creative Commons, it is copyright infringement.
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So you ignore the actual part where I post the official guidelines of copyright, and then you say they ignored Creative Commons when they got licensed by Creative Commons? Without any proof?
 
ActuallySpaceMan42 said:
So you ignore the actual part where I post the official guidelines of copyright, and then you say they ignored Creative Commons when they got licensed by Creative Commons?
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Yes, because again, Chinese copyright law does not follow the same rules as the rest of the world, it is significantly more lax, and is the only reason why something like this can even exist without the writer being sued by a dozen or more companies for copyright infringement.

If this work were to be based anywhere other than China it would not legally be allowed to exist.
 
And honestly, it's irrelevant all the same. If it's not illegal it's not illegal, and if it's not officially fanfiction, then it's not fanfiction. We don't judge something to be fanfiction, cause of hypotheticals.
 
Amount and substantiality of the portion used in relation to the copyrighted work as a whole: The story makes extensive use of characters and concepts from other franchises lifted wholesale with no attempt to alter them or hide that they are from various fictional universes that the author doesn't own the rights to nor has asked for the rights to use.

Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: The author apparently makes a profit off of this story despite it containing content he does not own nor pays to use, so it is not non-profit by definition.
 
ActuallySpaceMan42 said:
Yet you have provided no proof of that.
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The fact that this man has blatantly stolen dozens of characters from some of the largest companies in the world and is using them in his own published works without express permission from those companies and has not been sued into the ground is literally proof my guy
ActuallySpaceMan42 said:
And honestly, it's irrelevant all the same. If it's not illegal it's not illegal, and if it's not officially fanfiction, then it's not fanfiction. We don't judge something to be fanfiction, cause of hypotheticals.
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It is both illegal under global copyright law and fanfiction in every sense of the word
 
Jaften said:
Isn't it hosted on a Chinese website that has its servers housed in China? How the **** would the US force them to take it down if they can't eliminate all the other counterfeits coming out of the region? 💀
Click to expand...

IP and website location : Check host - online website monitoring

Get IP address location information: country, region/state, city: website monitoring with useful tools, Check IP, Check website
check-host.net check-host.net

put in the website’s URL over here, it’ll show Germany and USA for webnovel
 
Jaften said:
Amount and substantiality of the portion used in relation to the copyrighted work as a whole: The story makes extensive use of characters and concepts from other franchises lifted wholesale with no attempt to alter them or hide that they are from various fictional universes that the author doesn't own the rights to nor has asked for the rights to use.
Click to expand...
Unrelated to the law I mentioned, that law covers how much of the work itself is related to other franchises, which is 10% at best.
Jaften said:
Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: The author apparently makes a profit off of this story despite it containing content he does not own nor pays to use, so it is not non-profit by definition.
Click to expand...
This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
Click to expand...
WeeklyBattles said:
It is both illegal under global copyright law and fanfiction in every sense of the word.
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At least now everyone knows your making stuff up.
36c5dc2f0b9f9bc66eb025fd473aad67.png
 
Besides the copyright infringement stuff and whether or not it's a fanfic, there's an elephant in the room that nobody else in the thread seems to have mentioned. Back in the previous thread, @Regidian mentioned that one of the characters becomes TOAA at the end of a novel.
It should be deleted. Lan mu literaly became TOAA in the end of novel etc. His first transformation is a League of legend character.
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Though he was both wrong and right. I've read the final chapters of Non-Human Integrated Gene Physique, and Lan Mu doesn't become TOAA at the end.

However- another novel that's connected to the verse, Brain Hole Explosion (or just Brain Explosion), has one of its characters straight up become The One Above All. The blog that was made by @ActuallySpaceMan42 himself states this outright (You should read the rest of this blog by the way, it's possibly the most powerscale-y sounding profile of all time).

So, not only is this verse breaking multiple wiki standards, including it being a massive fanfic that breaks multiple copyright laws, but it also has one of its characters become the strongest character from a completely different IP in an attempt to beat the author and the other characters.
 
I thought the original was hosted on Qidian, and Webnovel just posted translations.
 
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