29 Replies Latest reply: Jul 30, 2013 12:08 PM by hudder92 RSS

    Who actually cares about emblem copying?

    Noob_Lyncher

      So there's this thing now where you can copy other people's emblems with a well-timed button combo, and it looks like people are getting butthurt over it. How many of you actually care if someone copies your emblem? Since we don't have a copyright with Treyarch that allows us to claim ownership of images that we create using their software, it's not like we own them. I've seen people show how to copy a random emblem over the first page so that others can't "steal" your emblems, and i've seen videos on how to get past the first page to copy those emblems that people desperately want to keep to themselves. Why all this fuss over something that doesn't help you in-game whatsoever?

        • Re: Who actually cares about emblem copying?

          Since i put lots of time into my emblems it does upset me because it is a flaw in the game, but it isn't the end of the world

          • Re: Who actually cares about emblem copying?
            starbuckfrack

            Some people are misinformed. They think they own the rights to emblems and clan names when they dont. So they get defensive.

             

            Doesnt matter if you can glitch an emblem or not. All that is , is a shortcut to saving you spending the time copying it. They can still spend time making it from scratch and duplicate it anyway once they see it so I dont see how people can get pissed.

            • Re: Who actually cares about emblem copying?

              I don't have a problem but I'm not sure if anyone would because most don't understand mine.

              • Re: Who actually cares about emblem copying?
                Dr_QuiCKScOP3r

                Treyarch should just make it official and allow people to legitly copy any emblem they like.

                • Re: Who actually cares about emblem copying?
                  highlandsparky

                  Not me..I'd be quite happy if someone wanted to copy my emblem.

                  • Re: Who actually cares about emblem copying?

                    I think emblem copying is a great idea cosidering i see emblems in COD that i could not copy if my life depended on it, so if you want someones emblem i think you should have the choice to copy it if you want

                      • Re: Who actually cares about emblem copying?

                        "I think emblem copying is a great idea considering i see emblems in COD that i could not copy if my life depended on it, so if you want someones emblem i think you should have the choice to copy it if you want"

                         

                         

                        So by that logic then if I see a fancy expensive car in your driveway I should be able to just take it if I want if it's a car that I couldn't afford if my life depended on it?

                         

                        Your not playing and writing from prison while on your hour a day leasure break where your doing 5-10 for grand theft auto or some other crime involving blatant theft are you? So that's an exteme example but it does sound like you support theft, that's all emblem copying is, it's theft plain and simple from the person who used their intellect to create it. Defined under the law as "Theft of Intellectual Property".

                          • Re: Who actually cares about emblem copying?
                            starbuckfrack

                            Actually the emblem is not your property so that couldnt be a good comparison. Is there an official copyrighted symbol on the emblem ? Can you immediately provide proof that you own the rights to that item ?

                             

                            You dont own your emblem. You used software from the company that made the game and Xbox Live to display it. you have no right to use the emblem creater to make money from your works. There is no way you can pay for those rights .

                             

                            You used the game to create your emblem. If it werent for the emblem creater and the designs that they added to it you couldnt make anything. They own all the designs you used to make your emblem. Its not like for example if you bought some construction paper and cut them out yourself or if you went out and bought a bunch of royalty free stickers. This is more like (sort of) if you went out and bought Disney Stickers and tried to copyright your design using them. They own the copyright to the images on the stickers.

                             

                            QUOTE

                             

                            This Program is licensed, not sold. Your license confers no title  or ownership in this Program and should not be construed as a sale of any rights in this Program. OWNERSHIP. All title,  ownership rights and intellectual property rights in and to this Program and  any and  all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character  names, stories, dialog, catch phrases, locations, concepts, artwork, animation,  sounds, musical compositions,  audio-visual effects, methods of operation, moral rights, and any related  documentation, incorporated  into this Program) are owned by Activision or its licensors.

                             

                            This is an item that was licensed and no ownership in any form was transfered over to you. Using it on a Service that you also have no legal rights of ownership on either.

                            • Re: Who actually cares about emblem copying?

                              K5RZR wrote:

                               

                              "I think emblem copying is a great idea considering i see emblems in COD that i could not copy if my life depended on it, so if you want someones emblem i think you should have the choice to copy it if you want"

                               

                               

                              So by that logic then if I see a fancy expensive car in your driveway I should be able to just take it if I want if it's a car that I couldn't afford if my life depended on it?

                               

                               

                              That is quite possibly the dumbest response ever.  The two are not ever remotely the same.

                              • Re: Who actually cares about emblem copying?
                                hudder92

                                That's different. Now if you seen his expensive car in the driveway and you wanted to copy it, by all means do it, just don't sell it, that's where it becomes illegal.. People have been copying exotic cars for years. They are called Kit Cars.

                            • Re: Who actually cares about emblem copying?
                              OUHATEME

                              If I created an emblem and didn't give permission IDE rather they spend the time to try and figure it out themselves , can't stop that. As far as copying if they used one of the emblems that are earned through an achievement and the person wanting to copy is hasn't earned that achievement yet then they should have to figure out another way.  Meaning if I used the Hail Mary to help create my emblem should someone who didn't earn it be able to copy?  That is a point I haven't seen brought up yet.

                              • Re: Who actually cares about emblem copying?

                                It doesn't matter if Treyarch allows you to use their software to create the emblem, the fact is they did allow you to use their software to create it, but any emblem you create is still considerd your "Intellectual Property" under the law, which means any piece of Art, Music, Drawings, etc. that you used your own intellect to create. There are companies that have employees or other agents working for them where the company owns any intellectual property the employee creates while at work or that is related to work, but there is always some sort of contract between company/employee which defines what compensation the employee will get in return for doing intellectual work for the company, usually their salary, bonuses for each creation, and some level of credit for their creations. But that is not the case here.

                                 

                                Almost all websites (YouTube, Facebook, etc) have rules against theft of or use of someone elses Intellectual Property without their express permission and I would not be surprised if Treyarch does not include some similar warning in their software package and online service agreements. Even if they don't it's still against the law. Would you have a hard time proceuting somone over theft of an emblem to the point it wouldn't be worth it? Absolutly. But that does not make it right for them to do so. They should use their own Intellect to create their own emblem, that is assuming they have any intellect which is questionable if they can't even create some type of unique emblem of their own.

                                 

                                 

                                 

                                My niece spent hours one morning to make an emblem for our account with our units logo using an old award certificate that I received from President Clinton which she got down off of the wall in my den. I think she would be heartbroken to see someone copy it exactly, even though the unit logo part itself is available to all members of our unit to use I think she would want to seem them make their own version.

                                  • Re: Who actually cares about emblem copying?
                                    starbuckfrack

                                    A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works".[14][15] Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.

                                     

                                    Software licence Agreement

                                    http://store.activision.com/store/atvi/en_US/Content/pbPage.eula_black_ops?resid =UfdFOwoBAlYAADZMZMkAAAA7&rests=1375159611486

                                    This Program is licensed, not sold. Your license confers no title  or ownership in this Program and should not be construed as a sale of any rights in this Program.

                                    All title,  ownership rights and intellectual property rights in and to this Program and  any and  all copies thereof (including but not limited to any titles, computer code,  themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation,  sounds, musical compositions,  audio-visual effects, methods of operation, moral rights, and any related  documentation, incorporated  into this Program) are owned by Activision or its licensors.

                                     

                                    Terms of use

                                    We or our suppliers own the title, copyright and other intellectual property rights in the Services, software, and content.

                                     

                                    The work must have a tangible form, and the law does not cover ideas, facts or systems. Your TV screen where the emblem is displayed is not a tangible form therefore you have no intellectual rights to the emblem. Methods of operation are also exempt from copyright protection. Generally, a purchaser of software buys the right to use the software or "license" the product. An ownership interest does not exist. A licence actually does not transfer an asset or any rights.

                                     

                                    Artistic creations are covered by copyright laws, which protect creative works of authorship, such as musical compositions (music and lyrics), sound recordings, literary works, motion pictures, paintings, photographs, and software. The emblem that your neice made is not a drawing, painting or photograph nor is it in a tangible form.

                                     

                                    closest thing it might be is a work of authorship. Copyright protects a work of authorship if it fulfills multiple criteria. First is that the work should be original and should not be a copy of such original. Secondly, the work should be presented in a fixed medium, such as a computer disk, a canvas, or a paper.  Third, there should be some creativity involved in the work's creation. Fourth the OWA should be complex to create. Fifth all the things she can claim OWA on must be her original creation. Everything created to make the emblems, like the shapes, colors, etc are created by the developers of the game. They were not shapes originally thought of by her, they were though of by the game developers.

                                     

                                    If she took a purple starfeild and added some yellow circles to it she can only take intellectual copyright of the yellow circles.

                                     

                                    Plus the emblem creations are not very complex, for example Pepsis slogan "you got the right on uh huh" was denied copyright protection. The "folder" icon created originally be Apple was also denied because it was too simple.

                                     

                                    Its not an original if she didnt draw it on paper for example. Plus as you said she copied it from something from the President. any likeness of that item on the document she has copied from is copyrighted.

                                     

                                    You have no rights to an emblem created with their software because you purchased a licence to use the software for your own personal use. you did not purchase a licence to create music for the game or to make a living creating emblems for the game. THEY own all the shapes, figures, letters, and images they created to make the emblem editor.

                                     

                                    Basically saying they made the shapes and they own them. You did not make any shapes from scratch using a line drawing tool that comes with the game because no line drawing tool exists. you made shapes using THEIR images they created in the game. So they own anything you create with their shapes. Any ideas you made into veiwable form were using shapes that they own. If you create an OWA that’s based on or incorporates one or more preexisting works, the copyright attaches only to that part of the OWA that’s exclusively yours. none of the shapes created for use in the emblem editor are yours.

                                     

                                    Intellectual copyright law does not cover ideas in your head. once you started using their shapes it became their image. When you used their circles to make a face the image still was owned by them because they own the circles. They created them for their software.

                                     

                                    In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

                                     

                                    now if she created this using crayons or Photoshop drawing tools then she owns the intellectual rights. THEN she would have to race me to the copyright office. First one to file a copyright owns it.

                                     

                                    then you have to consider another factor. If you are copying something for your own personal use you are allowed to do it. And Xbox live is designed for your own personal use. Just like you can record a TV program for your own personal use.

                                     

                                    sorry about the long rant but Copyright Protection was part of one of my training classes

                                      • Re: Who actually cares about emblem copying?

                                        + you have to pay to copyright your work.

                                          • Re: Who actually cares about emblem copying?
                                            hudder92

                                            Not 100% accurate. There is a such thing as a provisional copyright. Meaning you are something like an author or a song writer. You haven't completed your work yet, but everything you have written is copyrighted even though you didn't pay to have it copyrighted.

                                             

                                            In this case it doesn't matter the player has no rights over what they create. Everything the player creates is the property of Activision.

                                             

                                            It's similar to a computer programmer. If a programmer works for a company then everything they create is the property of the company they work for and the programmer has zero rights over the art they have created.

                                      • Re: Who actually cares about emblem copying?

                                        Since emblems are completely about personalization in the game, it doesn't make much sense for other players to "copy" without creating.

                                        That statement might sound like my "butt hurts" over it, but actually I could care less. Just sharing my opinion.

                                        • Re: Who actually cares about emblem copying?

                                          I think it is just stupid for anyone to cry about it really. For they dont really own the emblems in the first place. they were created using 3arcs tools and using xbl service. The players dont own them at all. they are owned by 3arc. So it realy doesnt matter.

                                           

                                          The only reason some are crying is because they want to make tut video's on yt and then monetize them to make money off of it but cant if people can just simply find a way to copy them with out ever having to watch the video first.

                                          • Re: Who actually cares about emblem copying?
                                            thebiindsniper

                                            By technicality, this is considered glitch exploitation and it's against the Code of Conduct.  It doesn't matter how small or beneficial the glitch may be, the rules must be enforced.

                                             

                                            ~RUGGED SAVIOR

                                              • Re: Who actually cares about emblem copying?

                                                thebiindsniper wrote:

                                                 

                                                By technicality, this is considered glitch exploitation and it's against the Code of Conduct.  It doesn't matter how small or beneficial the glitch may be, the rules must be enforced.

                                                 

                                                ~RUGGED SAVIOR

                                                You always talk about "rules being enforced"

                                                 

                                                You seem to forget that this is COD. NOTHING is enforced. There are SOOO many exploits that are GAME BREAKING that are never fixed. Besides, its impossible to know who did it. You can't report them for that. This is COD, its borderline black market.

                                                  • Re: Who actually cares about emblem copying?
                                                    thebiindsniper

                                                    True I can't find everybody who copied my emblem, but I did find a few who did. 

                                                     

                                                    The point is, just because you think nothing is enforced, doesn't mean that nothing is being enforced altogether, nor does it give us the right to think we can get away with it.  If there are so many exploits as you say, then it'll either be fixed or reported.  The only reason why it sometimes goes unnoticed is because people are unwilling to report.

                                                     

                                                    ~RUGGED SAVIOR

                                                      • Re: Who actually cares about emblem copying?
                                                        starbuckfrack

                                                        thebiindsniper wrote:

                                                         

                                                        True I can't find everybody who copied my emblem, but I did find a few who did. 

                                                         

                                                        The point is, just because you think nothing is enforced, doesn't mean that nothing is being enforced altogether, nor does it give us the right to think we can get away with it.  If there are so many exploits as you say, then it'll either be fixed or reported.  The only reason why it sometimes goes unnoticed is because people are unwilling to report.

                                                         

                                                        ~RUGGED SAVIOR

                                                        True. most people will complain but not take the time to file a report.

                                                        • Re: Who actually cares about emblem copying?

                                                          people are unwilling to report because really there is no point in reporting someone who gets your emblem. In a game plagued with other problems, the main reason people are getting reported is for hacking, glitching, IP flooding, and game breaking glitches, not because someone copied an emblem. Treyarch never looks at the reports anyway. I have reported known hackers that admit to hacking and IP flooding (federal offensives, not just guideline violations) and they have been hacking since MW3 and have only gotten banned 1 time for an offensive emblem.

                                                            • Re: Who actually cares about emblem copying?
                                                              starbuckfrack

                                                              I may have typed this in a different thread but Activision and Microsoft will never ban a player for IP flooding. They dont have access to the tools to prove it or disprove it.

                                                               

                                                              first of all because they dont have access to read what IPs you were going thru. All they do is tell you to call your ISP.

                                                               

                                                              I would like to know how you report people to Treyarch for IP flooding an actually expect to get people banned when their report system doesnt have a report button for someone messing around with the game.

                                                               

                                                              its funny how all the people I SEE hacking have gotten banned as opposed to all the people that you say said they were hacking.

                                                              • Re: Who actually cares about emblem copying?
                                                                Noob_Lyncher

                                                                I don't even think that Treyarch can prove that someone used the glitch to copy an emblem. It's not like that glitch back in MW3 where you could put Damage on guns other than shotguns. They might patch it if people cry super hard about it, but if not, they'll focus on things that actually matter, like stuff that happens in-game.

                                                        • Re: Who actually cares about emblem copying?
                                                          myevo8you

                                                          Emblem copying is abusing a glitch in the system. The game is NOT meant to function this way therefor they are EXPLOITING which is a bannable offense. No matter how harmless of a glitch it is, it is STILL a glitch and should be punished accordingly.

                                                          • Re: Who actually cares about emblem copying?
                                                            nicedrewishfela

                                                            Anytime people are abusing a Glitch, big or small, we as a community should be concerned. Any security issues, from Emblems to Prestige Glitches to Token Glitches to Modded Lobbies, etc etc need to be addressed immediately or the game itself is at risk of being compromised. Don't let the little stuff slide, because if you give these people an inch, they will take a mile.

                                                            • Re: Who actually cares about emblem copying?
                                                              squity123

                                                              Pros: Clans ect. can have the same emblem.

                                                              Cons: people who put effort into their emblems can get them copied in a matter of seconds