They're not even questionble practices, neither displaying, nor creating. If the owner of said character decides to shut it down, they can do so at any time. However, when you display a game that infringes, they simply send a letter saying stop or else, giving you the option to be smart and stop without incuring an expensive legal battle you can't win. If you create such material though, they might not be so nice. If you created something, they view it as you hurt them financialy and can go after damages as well. It doesn't happen in the arcade site often, so far, but that option is open to them. And it is their sole discretion whether to excersize it or not, not yours. This means it has the potential to get extremely costly for you, and you have no say in it. Fortunatly it has not happened in our niche very much, so far. So far it has just been simply sending out cease and desist letters.
|