Brazilian Court Bans Sale of Gay Tony But Not For What You Think

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SilentHunter7

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Nov 21, 2007
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Spinozaad said:
Very much so.

I find it quite an insightful look into the condition of the Brazilian music industry, because normally, that's the first law suit I would hold.

But, apparently, there's more money to be made leeching off Rockstar.

Very intriguing.
Yeah. I just want to know who was the one that fucked up, legal-wise. Because Rockstar's gonna want their money back.
 

SpaceCop

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Feb 14, 2010
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It's kinda like Al Capone getting nicked for tax evasion.

Violence? Vice? Ehh.

Oh wait, there's money involved?! Well shit, lawyer those guys up!
 

xxcloud417xx

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Oct 22, 2008
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lol Brazilian Justin Bieber wants his money from big bad Rockstar.

Or maybe this is punishment for putting such a bad song in the game? lol
 

Jesus Phish

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SilentHunter7 said:
Greg Tito said:
Even though Rockstar produced documents claiming that it had the correction permissions to use the track, the Brazilian court found that the signatures were not the author's. The court prohibited all digital and retail sales of Episodes from Liberty City or The Ballad of Gay Tony and that Rockstar and its distirbutor in Brazil, Synergex, must remove all copies from stores. The court levied a fine of 5,000 Brazilian Reals or US $3,000 for each day that the game is still sold. Because of international copyright law, this judgement effects sales worldwide and not just in Brazil. If you've been waiting to play Gay Tony, you might want to get on that.
But if the signatures were of the producers who owned the track, then it shouldn't matter. I predict either a quick injunction followed by overturn in appeals, or Rockstar patching the song out, and suing the producers. Who will sue the artist.

Also, I highlighted some grammatical and spelling errors. Though to be fair, I probably wouldn't have even noticed if Firefox didn't have spell check. :)
That's what I was thinking.

Whoever Rockstar bought the copyrights off of, either owned them or lied about it.
If the publishing/production company do own it, by having a distro contract with the father, then the Brazilian gov has nothing to stand on.
If they dont, then they (the publisher) stole the song and will probably get sued by Rockstar and then the father.
 

Denamic

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I think the man has just made himself one of the most hated people in Brazil.
 

Aedes

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Wow... a legal action against a reasonable motive on gaming industry? You don't see that everyday.

Although I do agree the worldwide ban decision to be laughable since I hardly believe that's going to happens, there are some rather weird points...
Rockstar forging a fake signature only to put one single song on the game? That's just weird.
The court not sending a notice to the developers they're being fined? That's just as awkward.

The way Justice works here, it will take a while before things are settled but I doubt the sales will be affected on any way.

Also, why the torches to defend Rockstar, people? If it's proven they broke the law, they got to pay for it. They might just prove the signature is official or come up with an agreement with the boy either way.
 

Mcface

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Aug 30, 2009
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As if Brazil hadn't ruined enough free online games with their hacking, spam, caps and annoying VOIP, now their government is trolling IRL.

Figures.
 

Narcogen

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Jul 26, 2006
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The Procrastinated End said:
Can Brazil really ban the worldwide sale of something that came out months ago?
What's the release date got to do with it?

What if Rockstar had included a song I wrote and recorded back in high school in the game, and I had no idea about it until today. Is Rockstar allowed to infringe on my copyrights and then put a timer on me, so that I have to catch them within a certain amount of time for it to count? There should be reasonable statutory limitations here, but it's certainly not "months"-- probably more like many years.

These are civil, not criminal proceedings. For content not actually authored by Rockstar, the burden of proof is on them to show that they secured the proper rights. According to this court, they didn't. I'm not sure how that happened, but there is absolutely no question about the fact that other countries who have signed treaties to respect international copyright law are now bound to prohibit sales of this content, as it is infringing on the rights of a citizen of another signatory country.

This is Brazil and other countries doing what we complain China doesn't do-- actually stop people from selling things they don't own.
 

ryo02

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sounds more like the one who forged the signature should be sued not the company
 

H0ncho

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Practically all escapist members posting ITT rolled a critical fail on their intelligence rolls. Really, some 90% of the posts fail to grasp what this is about. The comments that manage to tie this to piracy somehow are the most hilarious; it is as if the thinking goes: "hey, this is about copyright. Copyright is vaguely related to piracy, therefore this is about piracy".

Anyways, it is pretty obvious that if the ruling is correct, and all proper procedures have been upheld, this ruling is only fair. If a person has ownership to a song, others are not allowed to infringe upon them, no matter how large they are - frankly, I am disgusted by the posters implying that Rockstar should be free to break the law and take others work only because they're a big gaming company.
 

Kenko

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Jul 25, 2010
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Cant the US do what they usually do in South America? Commit genocide to make the kid go away :D
 

Royas

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Apr 25, 2008
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Just patch the song out. Really, please patch this crappy piece of garbage out. This so-called song made me want to gouge out my eardrums. Easily the single most annoying part of the game. They'd be doing their customers a huge favor if they'd just replace this "music" with the sounds of cows being run over by trains instead.
 

Terramax

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On the plus side, anyone in Brazil who bought a copy now owns a game that has become collectable and is worth a heck of a lot more now.
 

veloper

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It's possible that the producers Rockstar got this sample from, didn't have the full rights themselves.