Most of the images used here are probably fair use (for criticism/commentary). And even best case scenario all they could do is force the site to not use the card images.
Indeed im not saying this site is on their list but attempting to figure their line in the sand for what to take down. A few more extreme examples are in there, but valid. If Wizards keeps up the "war" against anything and everything they are competing with how long til MTGS or SCG gets seen as a threat?
This is silly. There was no reason for WotC to take down this incredibly useful website. I get pumped for drafts and practice before hand using it. In no way does a practice draft against bots replace real life drafting against other people.
While WotC is within their rights to take it down, this was still inappropriate and silly. WotC might as well take down dozens of other sites for similar reasons if they are going to be this petty.
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In response to me defeating the town in a Perfect Scum Victory in Avatar Mafia:
Everyone knows that good luck and good game are such insincere terms that any man who does not connect his right hook with the offender's jaw on the very utterance of such a phrase is no man I would consider as such.
Why don't we all start sending the exact same mail to WotC, asking for the re-opening of DraftSim?
hmmm... I don't really think that WOTC is going to be friendly with this issue.
I've left a msg in the oficcial MTGO boards posting 4 links to other draft-sites for those who were saying to be sad for the lost of magicdraftism and someone inmeadly deleted my msg and WOTC sent me a rude email, lol!
A funny fact is that a few days ago, people there was wondering how so few people was posting in the oficcial boards. Answer is obv: no one likes to express in a place totally censored and manipulated just to be a propaganda element.
I've been watching some youtube vids and I've seen groups running self-designed Cube Drafts in webs like magicdraftism or tappedout or any other draft-sites, then playing in MTGO with the cards they've drafted. Just like a new form of PRE (player run event).
I am not sure how they do it. I guess they export decks in MTGO format then they build decks in MTGO with their owned cards or with the cards that someone (the Cube designer) lends/hires to them and then all of them play in PRE mod.
Just another example of an entertainment company trying to strongarm creative and talented individuals out of doing what they love.
I'm willing to bet this would have been an actual case if it ever went to court, not the open and shut kind they represent it would be.
Fair use is still a thing, even though the entertainment industry does their best through FUD/propaganda to make us all believe otherwise. Looking at the criteria for fair use:
Commercial vs nonprofit/education? Have you read the comments in this thread? Everyone uses it to prepare for events, get acquainted with a format etc.
The amount of the copyrighted material used? Sure, they had almost every card, but at what resolution? Everything was scaled down 16+ times.
Damages to them? Which would be... Oh right they don't offer anything like this themselves.
"A funny fact is that a few days ago, people there was wondering how so few people was posting in the oficcial boards. Answer is obv: no one likes to express in a place totally censored and manipulated just to be a propaganda element."
Im just waiting for Wizards to shut MTGS down because these forums are competing with their own.
You guys where will you train your Drafts and Sealed prerelease tournaments this time?
I am looking for some site where I can test these days Avacyn Restored Booster Draft but I don't see anything as good as MDS :/
Sure, it's bad PR but there's not much of a legal case against Wizards in this case.
Indeed, again i never used the site but feel wizards taking down tools without a replacement over and over is just pissing all over the communities that use them. Again, wheres the line? Is this forum suddenly competing since they cant moderate here. Just another black eye.
Why was it ban hammered? Its been out for a while..
Well, considering the site says "permanently closed" I don't think it'll be coming back in any amount of time. As for why? I don't think any of us but the site owner know for sure, but it's very likely a cease & desist message was involved.
In the case of trademarks, they need to enforce their rights consistently over time. They can let minor cases slide, but if they don't seek enforcement against major acts of trademark infringement, they can lose their trademark under the non-use principle. The relevant Wikipedia section on trademarks makes this clear:
First, you are missing my point. As i wrote, they could have arranged an agreement with the website owner. That could have been a big opportunity for WOTC, and a win-win condition for both them and the website, but they blindly refused to see that chance and chose to use brute force instead, which is a pretty dumb move.
Second, the exact same kind of violation (using trademarked logos, symbols, images and the likes) has occured from literally thousands of other websites, so the "dangers" you are writing about can't be avoided by just forcing a single website to shut down.
They are thinking of trademarks, not copyrights. Trademarks must be vigorously protected, or they can be lost.
People confuse copyrights and trademarks all the time. They're not the same thing.
I see. I'm not an expert in the matter, i do not live in a country where Common Law is applied and english is not my mother language, sorry. Yet it doesn't change the validity of my point.
Nothing prevented WOTC to try find a legal agreement with the site owner and give him an official permission to use their own material in exchange for a MTGO banner, link or some other kind of publicity.
Again, i'm not saying it's not WOTC right to do so, i'm just saying it's stupid.
If thats the case... What about things like Cockatrice, CCGdecks, etc. I mean really, the one SITE that ONLY just allows drafting of the sets has been banned? That just doesn't seem like a right idea to me... I may be wrong, but can someone explain this logic to me? Cause there are SO MANY OTHER SITES THAT ARE WORST THEN THE MTGDRAFT SIM....