ID:2159867
 
Resolved. Thanks for playing.
If the entry was outright deleted, or edited, there's only one person who can do that, Lummox.

Hub moderators can only do two things, edit tags and the published status of an entry.

If Lummox removed your entry, there's not really anything to be done, it's his website and he can remove anything he wants for any reason he wants.
Avidanimefan wrote:
There is a legal term that you should be familiar with though -- "slander". It's when reckless talking affects a person's reputation and cash flow.

If you're going to throw around legal terms, at least do a modicum of research. Slander is an oral defamation of character or damage to reputation. Your allegation is of libel.

Also, in US law (which is relevant here, as BYOND's servers are in the US), the truth is absolutely a defense to libel, regardless of whether it affects someone's character, reputation, or income. To quote the previous source:

While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue.

While it is hardly non-obvious that your game violates Funimation et al.'s intellectual property rights (Most likely through trademark law, I believe? As far as I can tell, it doesn't look like your game violates copyright law at all). I am clearly not a lawyer, but if I'm not totally interpreting things right, there does not appear to be any solid grounds for a claim of defamation.

[Edit]

Also, a reminder that there is still this on Pastebin.
I honestly don't feel sorry for you, Avid. You once asked for advice on a game you were working on and when I gave it, you kinda freaked out on me. I've done nothing wrong yet you treated me like I was scum of the earth.

Anyways, if your projects are making as much as you seem to claim, surely you don't need BYOND's hub system for marketing to this community. You have a working Wix site that should suit you just fine.


I consulted two different legal councils which stated that unless I am creating exact likenesses of DBZ characters, I'm totally free to charge money for my product.

This is your website? No? You wrote this blurb about your game? No?































You also had obvious takeaways of Broly and several other DBZ characters directly advertising the game.

Your ENTIRE argument hinges on the likenesses not being used, but no sane person could look at your avatar or advertising images and NOT see DBZ character likenesses.

Also, hey buddy, I submitted the packet of screenshots to Funimation/Toei/Bird Studio that probably got them to investigate and file a C&D. That packet included screenshots of your promotional materials including a screenshot of you actually stating verbatim that the game was based on Dragon Ball Z/Super. Their lawyers felt it was infringement and sent the DMCA after investigation of the claims themselves. I did not submit a DMCA on their behalf. They did it themselves. I merely gave them information that allowed them to make the judgement for themselves.

Nobody is accusing you of borrowing concepts. They are accusing you of using images of characters that are obviously Broly, Beerus, Vegeta, Cooler, etc. to advertise your game and be too stupid to see that yes, this is obvious use of licensed content.

In the below statement, you attested to me personally that you did so knowingly use characters deliberately resembling Dragonball Characters in order to use the Dragonball Brand to attract a playerbase from fans insterested in the Dragonball Brand. The full context of the conversation makes this clear. Click on the below picture to get the full context:



I've made my case. I have an iron-clad justification to claim that you are in my estimation illegally using licensed content, and the content holders themselves appear to have agreed with me. They chose to pursue a C&D against you, and you failed to appeal it. That's not my problem. You can play the victim card all you want, but you can't pretend that you didn't bring this on yourself.

Bring your "slander" suit. Seriously. I relish the opportunity to make just as much a fool of you in open court as I do online when you do your petty little call-outs and "fight me IRL threads" and allege harassment/slander. It will never get that far because no lawyer in their right mind will take your case when you explain that you received a legal C&D and failed to appeal it. Seriously. A cheese sandwich would be embarrassed to represent you in court. People whose only exposure to the legal process is Phoneix Wright have a better grasp on the legal process than you.

BTW, the whole thread is also entering my folder that I keep of every single interaction we've ever had on this site because I have always known you'd never pass up an attempt to escalate issues and try to get people in your corner by repeatedly lying about what others are doing and trying to make it seem like you are the victim. Just like the last dozen you've started, gotten your shit pushed back in, and then been so embarrassed that you deleted them all.
There ya go, mystery solved. Topic closed.