Thread: iPhone Application infringes on Bulbapedia license

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

So we do plan to sabotage them.

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.

@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*

Originally Posted by evkl

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.

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."

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.)

Originally Posted by Rellik

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!

Originally Posted by MAGNEDETH

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?

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

Originally Posted by PorygonZ

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.

Originally Posted by PorygonZ

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.

IPhone Application infringes on Bulbapedia license: Developers charge for free information

A recently released application for the iPhone, the aptly-titled Pokedex App, has caused a bit of a controversy with its content; or, more specifically, its use of Bulbapedia's content. Connecting directly to Bulbapedia's Pokémon articles, the application displays helpful information such as stats, evolutions, and types.The problem? The application costs $1.99 to download in the Apple store, while Bulbapedia's content is strictly licensed under the Creative Commons BY-NC-SA 2.5 license.

Read more on Bulbanews

Burn the witch!

More info.

I was like WTF and the forgot to put the e-acute which kinda angers me.

Ads are different than directly charging. Also, keep in mind, they're actively using our bandwidth.