Paragon Wiki Archive talk:General disclaimer

Page needs a rewrite?

Is this exact language required by license with NCSoft? If not, the page could use some expert help.

Short version: To a layperson, the page may look like it's simply repeating unchallenged facts, but in legalese, the statements have a specific function known as legal notice, which fansites aren't authorized to perform. In legalese, truth is not always a defense!

Anyway, just three problems with the page: 1) it's not a disclaimer, so the title is incorrect, 2) Paragon Wiki hasn't done the due diligence to be able to say what NCSoft does or doesn't own, and 3) as mentioned above, Paragon Wiki doesn't have authority to give legal notice on NCSoft's behalf, such as to say which rights NCSoft does or does not seek to enforce. Almost every fansite falls into the same traps, mostly by cut-and-pasting some other website's notices, mistakenly believing it's okay to repeat them.

Paragon Wiki's CYA should be that of a potential copyright defendant, different from the CYA of a potential copyright plaintiff (like NCSoft). So if there must be a CYA page, it should be a rationale for Paragon Wiki's use of third party copyrighted content. Mentioning the game's user agreement, which grants permission for non-commercial use of game content, and mentioning Paragon Wiki's non-commercial status, would be good. Since some editors may not be subject to the game's user agreement, a fair use assertion would be good. Plus of course the licensing (GNU FDL) for content not encumbered by third parties' rights.

I'll see if I can get a draft done later tonight. Rigel Kent 00:11, 30 July 2009 (UTC)