Magic Online Trading League Bulletin Board
  Magic Discussion
  What is the current legality of selling Magic proxies?

Post New Topic  Post A Reply
profile | register | preferences | faq | rules | memberlist | search

UBBFriend: Email This Page to Someone!   next newest topic | next oldest topic
Author Topic:   What is the current legality of selling Magic proxies?
LandDestroyer
Member
posted October 22, 2014 12:09 PM   Click Here to See the Profile for LandDestroyer Click Here to Email LandDestroyer Send a private message to LandDestroyer Click to send LandDestroyer an Instant Message Edit/Delete Message Reply With Quote View LandDestroyer's Have/Want ListView LandDestroyer's Have/Want List
Isn't stuff like this illegal to sell 'technically'?

http://www.ebay.com/sch/theblacklotus-com/m.html?item=141433946930&hash=item20ee1ec332&pt=Trading_Card_Games_US&rt=nc&_trksid=p2047675.l2562

Did a search for volcanic island and came across one of his auctions and after thinking 'those are some expensive proxies' I got curious.

 
JensK
Member
posted October 22, 2014 12:42 PM   Click Here to See the Profile for JensK Click Here to Email JensK Send a private message to JensK Click to send JensK an Instant Message Edit/Delete Message Reply With Quote 
yea that can't be legal
 
JayC
Member
posted October 22, 2014 12:43 PM   Click Here to See the Profile for JayC Click Here to Email JayC Send a private message to JayC Click to send JayC an Instant Message Edit/Delete Message Reply With Quote 
Gorgeous...and not legal.
 
slurpee
Member
posted October 22, 2014 01:21 PM   Click Here to See the Profile for slurpee Click Here to Email slurpee Send a private message to slurpee Click to send slurpee an Instant Message Edit/Delete Message Reply With Quote View slurpee's Trade Auction or SaleView slurpee's Trade Auction or Sale
Given how they look, they must be stickers or printed as I don't believe these are hand made.
 
oneofchaos
Member
posted October 22, 2014 01:32 PM   Click Here to See the Profile for oneofchaos Click Here to Email oneofchaos Send a private message to oneofchaos Click to send oneofchaos an Instant Message Edit/Delete Message Reply With Quote 
I know of somebody who paid a print shop to build him a cube (specified what he wanted printed). He paid for a service and isn't redistributing them in any way so I don't see anything wrong with that.
 
gaeacradle
Member
posted October 22, 2014 02:32 PM   Click Here to See the Profile for gaeacradle Click Here to Email gaeacradle Send a private message to gaeacradle Click to send gaeacradle an Instant Message Edit/Delete Message Reply With Quote View gaeacradle's Have/Want ListView gaeacradle's Have/Want List
quote:
Originally posted by oneofchaos:
I know of somebody who paid a print shop to build him a cube (specified what he wanted printed). He paid for a service and isn't redistributing them in any way so I don't see anything wrong with that.

Of course it's not illegal when you are not distributing them in any way. It's the same as using a permanent marker to proxy a card. But this guy is selling on eBay!!!

 
Phyrexian Angel
Member
posted October 22, 2014 02:38 PM   Click Here to See the Profile for Phyrexian Angel Click Here to Email Phyrexian Angel Send a private message to Phyrexian Angel Click to send Phyrexian Angel an Instant Message Edit/Delete Message Reply With Quote 
It may be legal to sell because they are not using any original mtg artwork, card frame and logos (including mana symbols). Also, They never claim these are mtg cards to avoid copyright infringement.

I don't think there is any copyright on card names and text.

 
pugowar
Member
posted October 22, 2014 02:57 PM   Click Here to See the Profile for pugowar Click Here to Email pugowar Send a private message to pugowar Click to send pugowar an Instant Message Edit/Delete Message Reply With Quote 
Wow... these are amazing.
I almost would rather have these if playing casually.
I feel like they have to be violating something but I am not a copyright lawyer. I primarily practice bird law...
 
daner
Member
posted October 22, 2014 03:38 PM   Click Here to See the Profile for daner Click Here to Email daner Send a private message to daner Click to send daner an Instant Message Edit/Delete Message Reply With Quote View daner's Have/Want ListView daner's Have/Want List
Those are really nice, but the artwork on Ancestral Recall is from Mana Drain, so that is probably copyright infringement if anything. Thats the artwork Wizards uses in their cube and Vintage Masters set...thats a big no no re-using artwork.
 
Pail42
Member
posted October 22, 2014 04:07 PM   Click Here to See the Profile for Pail42 Send a private message to Pail42 Click to send Pail42 an Instant Message Edit/Delete Message Reply With Quote 
quote:
Originally posted by Phyrexian Angel:
I don't think there is any copyright on card names and text.

As as extreme example, imagine you copied the text of "Hunger Games" but republished it as "Food Fight" with different pronouns. That would still be copyright infringement.

This is probably still copyright infringement because it uses the card name, card text, card types, and layout of MTG cards.

[Edited 1 times, lastly by Pail42 on October 22, 2014]

 
dfitzg88
Member
posted October 23, 2014 04:44 AM   Click Here to See the Profile for dfitzg88 Click Here to Email dfitzg88 Send a private message to dfitzg88 Click to send dfitzg88 an Instant Message Edit/Delete Message Reply With Quote View dfitzg88's Trade Auction or SaleView dfitzg88's Trade Auction or Sale
quote:
Originally posted by Pail42:
As as extreme example, imagine you copied the text of "Hunger Games"...

(I don't know why a serious novelist would ruin their reputation like that.)

Most copyright infringement can be judged by the audience test (if it looks like it to an outside observer, it probably is). In this case, that's pretty clear.

While proxying a card that is out-of-print is not inhibiting Wizards of the Coast's profitability, they could still argue that it is diluting their brand and the perceived value of their product were they to sue someone.

[Edited 1 times, lastly by dfitzg88 on October 23, 2014]

 

All times are PDT (US)

next newest topic | next oldest topic

Administrative Options: Close Topic | Archive/Move | Delete Topic
Post New Topic  Post A Reply
Hop to:

Contact Us | MOTL Home Page | Privacy Statement & TOS

© 1996-2013 Magic Online Trading League

Powered by Infopop © 2000
Ultimate Bulletin Board 5.47e