Overreach. (Destiny)

by narcogen , Andover, Massachusetts, Saturday, February 06, 2016, 03:14 (3024 days ago) @ tadboz

Thanks to everyone for your comments. You're right, it's probably the name issue. I'll eventually resubmit it with a different name.

In the meantime, here's the response I got:

"Activision is claiming to be a licensee of Bungie and acting under the terms of that license. Since both the law and our content takedown process only requires Activision to assert under penalty of perjury that they have the rights to take down the model, we do not have access to the agreement itself. If you would like, we can ask the Activision representative for permission to share their email address with you. However, you should be aware that contacting Activision may reveal your real identity to them. In general, we do not share that sort of personal information with a third party without a court order.

Since both the law and our content takedown process only requires Activision to assert under penalty of perjury that they have the rights to take down the model

and this is where the rubber hits the road, screwing every little guy ever. All the company with the big legal department and the deep pockets has to do is dare you to go to court, and now it will cost you way more than its worth to prove what you already know: that the claim is most likely bogus.

Section 6.2 says that Bungie reserves all rights, including the rights to seek damages, to the property. The rights granted by Bungie to Activision do NOT include the rights to seek damages EXCEPT when it includes property that Activision owned prior to the agreement. In fact, the agreement even assigns all rights, including the right to seek damages, for materials created by Activision but based on the property:

Licensor shall retain all rights, title and interest (including all rights in the Intellectual Property related thereto or embodied therein and the right to seek damages for past and future infringement) in and to the Destiny Property and the Products and Conversions, including all source and object code, Game Assets, technology, engines, packaging and marketing materials, characters, settings, storylines, etc. relating thereto now existing or hereafter created by Licensor, Activision, an Activision Affiliate, a sublicensee, or any third party (collectively, the "Licensor Product Intellectual Property"), but specifically excluding (a) any Intellectual Property owned or controlled by Activision before the Effective Date; (b) any non-Game Assets solely developed by or for Activision; and (c) any improvements, additions, and modifications to and enhancements and derivatives of the materials described in the immediately preceding clauses

Activision, on behalf of its Affiliates, sublicensees, agents and contractors, hereby assigns to Licensor the sole and exclusive ownership of all right, title and interest (including rights in Intellectual Property and the right to seek damages for past and future infringement) in and to all Licensor Product Intellectual Property created by Activision, its Affiliates, sublicensees, agents and/or contractors, whether solely or jointly with Licensor or any other person, without any payment of compensation; (y) Licensor shall own all rights to improvements, additions, and modifications to and enhancements and derivatives of the Licensor Product Intellectual Property; and (z) Activision shall, upon Licensor's request, take any step that Licensor may reasonably require to ensure that, as described in clauses (x) and (y) above, all Licensor Product Intellectual Property created by Activision or its Affiliates, sublicensees, agents and/or contractors, whether jointly or solely with Licensor or any other person and improvements, additions, and modifications to and enhancements and derivatives of the Licensor Product Intellectual Property created by Activision or its Affiliates, sublicensees, agents and/or contractors, whether jointly or solely with Licensor or any other person, are assigned to Licensor, including the execution and delivery to Licensor of an assignment of rights with respect to such Licensor Product Intellectual Property substantially in the form specified by Licensor. "

Unless this language was changed or this portion of the agreement superseded, the only place Activision can hang a claim is (b) above. They would probably claim that toy weapons or action figures fall under "derivatives of the materials". In other words, they might one day want to make toys and so your item detracts from the theoretical future value of theirs.

I'd call that overreach, but IANAL.