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iPhone App Infringes

GaZsTiC

Alternating
Copied straight from Bulbagarden News itself:

A recently released application for the iPhone, Studio Bebop's 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.

The CC BY-NC-SA license stipulates that the content it protects is free to anyone, under the conditions that it correctly attributed to its source (the app does not give attribution to Bulbapedia), the content is released only non-commercially (by charging for the app, Studio Bebop violates this part of the license), and the content is shared alike, retaining its CC licensing (the app does not use the Creative Commons license).

After being contacted about the above issues by Archaic, the head of Bulbagarden, Studio Bebop responded, insisting:

“ When someone purchases the Pokedex App, they are not purchasing access to Bulbapedia, nor are they purchasing any of the information hosted on Bulbapedia. Instead, they are purchasing a tool that streamlines and organizes the information one accesses from Bulbapedia, and presents it in a more refined, user-friendly fashion. ”
-- Brandon Smith



However, this is a misinterpretation of the Creative Commons license. By parsing and displaying Bulbapedia's content through their own app, in a format different to what is displayed should someone simply be accessing our web page, they are creating a derivative work of the content. And as per the Creative Commons license, derivative works must follow the same Creative Commons license. Meaning, non-commercial, shared under the same licensing, and with full attribution.

Despite having this pointed out, Studio Bebop has yet to respond, and has instead chosen to update their application (fixing bugs caused by a templating change on Bulbapedia).

“ ...it's not just about the data. They're stealing our bandwidth, and they're stealing processor load on our databases. It's like image hotlinking images off the Archives wiki, only a lot worse.
This means that they're actually having a direct impact on our server health, while those using this ap are not viewing the advertisements that allow us to keep the servers up. They're not just profiting off of the work of our staff. They're profiting off the work of the community of people here at Bulbagarden who have volunteered their time to edit pages on Bulbapedia, and they're profiting at the expense of everyone's enjoyment of any part of Bulbagarden, Bulbapedia, or the Japanese Pokemon Wiki (which we host).

-- Archaic


What are your feelings on this? Would YOU be willing to pay $1.99 for free-to-use information?
 
Uh... maybe. I don't have an iPhone though... and can't you access the internet on an iPhone anyway? Just go directly to Bulbapedia.
 

razor fire

Well-Known Member
What? I wouldn't. This is what pisses me off. I hate it when a rich company steal things from others and I think they can get around by giving a bad explanation for their infringement. This is a common problem nowadays. Earning money of someone else's hard work is a copyright infringement.
Sue them.
 

Pkmn Breeder Jack

Static owns you.
I didn't know when I first saw this that it's stealing Bulbapedia's content. I wasn't planning on spending two bucks on it, and I'm definitely not now.
 

razor fire

Well-Known Member
Oh, I forgot to ask. Shouldn't nintendo get involved too? Technically iPhone is making money of their patented work. They did not ask for permission from Bulbapedia or Nintendo.
 

TeraDyne

Pocket Monsters Fan
This one is up in the air for me. While they're using Bulbapeida's information and all, it's not really infringing as far as the CC licence goes.

Basically, you're paying for a custom web browser to look at Bulbapeida's information, not the info itself. As long as they don't claim to own the information that's being displayed, and give credit to Bulbapedia in some manner, then they're off the hook. Attacking them would essentially be the same as attacking IE users for not using FireFox to browse the site.

That's how I'm reading it from what information I have. I don't own an iPhone or iTouch, and I probably never will.
 

randomspot555

Well-Known Member
I doubt Bulbagarden has a team of lawyers.

As far as I can tell, they give Bulbapedia credit, and are using an app to facilitate the information. Seriously, have you tried browsing Bulbapedia on a phone-based web browser? It's horrible.

That being said, the only people to have any power to legally pursue this would be Nintendo, Game Freak, or their respective North American affiliates.
 

Skiks

MUCH RESPECT
They already use borrowed info anyways. It's just like buying a browser for the iPhone and using that to view bulbapedia. Whoever buys it is just wasting their money anyways.
 

AzureWatcher

Glacier Hugger
I say we torch their HQ and hold them for ransom. *Nods* That'll teach 'em to steal what is rightfully pokemon's!
 

razor fire

Well-Known Member

deokishisu.123

Justified Trope
wow thats stupid. i just use my Wii's internet for that. i dont see the point.us bulbapedia is already "user friendly".
mind the .us. my wii is drunk again.
 

Orangefeather

Well-Known Member
Does anyone actually have the app? I wouldn't get it, because it's sill;y to have to pay for free stuff. I already paid once to access the internet, why should I have to pay twice?
 

Shneak

this is a Nessa x Sonia stan account ✨
There's a Bulbapedia app!? Anyways, I wouldn't buy it, and it should be free.
 

deokishisu.123

Justified Trope
paid once? you know the internet browser for the wii droped to 0 wii points, right?
but yea, like paying to watch the sunrise. just close the thread, all the posts will just say something along the lines of "I agree", anyways.
 

Aviano

I dropped my balls
Complain on an Internet forum?

Well, that's the "obvious" for typical Pokemon fans.

Thanks, folks. I'll be here all night. Try the cod.

Badum Pssh!


I must say, I fail to see what the big deal is. I pay some company to provide me with internet. Should Bulbagarden also sue those?
 

randomspot555

Well-Known Member
I must say, I fail to see what the big deal is. I pay some company to provide me with internet. Should Bulbagarden also sue those?

They have a legit complaint. It removes advertising from their site, uses the site's resources, and displays the information edited by their users. They charge $1.99 for doing very little work.

That being said, I doubt Bulbagarden has the resources to fight them.
 

Aviano

I dropped my balls
They have a legit complaint. It removes advertising from their site, uses the site's resources, and displays the information edited by their users. They charge $1.99 for doing very little work.

That being said, I doubt Bulbagarden has the resources to fight them.

Well gee, I guess that's what you get when you put stuff on the internet.

Oh just read the last paragraph of the article and that does kinda suck. Oh well what are ya gonna do.
 

Encyclopika

The Queen
It's not a big deal until someone starts to sell what they haven't created. Now, if the app used Bulbapedia as a guide, gave credit, and created their own Pokedex, then fine.
However, that isn't the case. Not only have they stolen something and are now selling it copy after copy, but they're stealing bandwidth from the site without contributing any kind of support for the site they're leeching off TWICE.

The other problem is that people are now paying for something that is stolen and rightfully free for anyone with an internet connection. Seriously, if you have an iPhone/iTouch, you more than definitely own a computer with internet. 9___9

My thoughts on this are limited after anger and a WTF, since I'm not into law. I don't know if this is something that should be brought to court, but perhaps a lawyer should look at this...because if Archaic is paying for the bandwidth that the app is leeching, he deserves contribution in some way from the company that is using it now. Just because you're a big company doesn't mean you need to be a pig. 9__9

Aviano said:
Well gee, I guess that's what you get when you put stuff on the internet.

Posting stuff on the internet is not your silent OK for anyone to leech. Especially when you go through the trouble of getting a license etc. to avoid crap like this. The internet is meant to share information, not sell it, especially if you didn't make it.
 
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