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Copyright question....

Skunk Spaatz

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Technically, not saying anything is the same as saying no.  If permission hasn't been expressly granted, then you don't have it.  Under no circumstances is a copyright holder obligated to say no in order to mean no.  They're free to simply remain silent, and their copyright protections will remain intact.

We can speculate all we like about whether or not any particular copyright holder might care about this or that reproduction of their work, but at the end of the day, that's not for us to decide.  If they want to allow it, they'll say yes.  In the absence of any such direct evidence that they're OK with it, the legal assumption must always be that they're not.  

For comparison, consder the following scenario.  Say I send you a letter, informing you that I plan to take possession of your car.  You've never indicated that the car was for sale, or that you're looking to give it away; I'm just sending you this letter out of the blue.  If you choose to ignore my letter, rather than respond to it, does that mean I can just take the car?  Of course not.  It's YOUR car, not mine.  I don't get to take it unless you say I can.  You don't have to tell me I can't in order for the car to remain yours.

Now say, since I gave you my address, you've decided to put me on your general mailing list, and you send me a letter about an entirely separate matter.  Maybe you and your wife just had a baby, and you want to announce it to the whole world, so you send it to your entire address book, me included.  Would the fact that you E-mailed me about your kid instead of about your car mean I get to have the car now?  Again, of course not.  No matter what other topics either of us might bring up, the car remains yours until and unless you say I can take it.

The same exact principle holds true here. You sent EA a letter, informing them you'd like to take their intellectual property.  They have not responded directly on the subject, which means they haven't said yes.  However, they' do have a "new baby", they'd like you (and everyone) to know about. and they took the opportunity to tell you about it, because that's what "proud parents" do.  They sent you a trailer for their new game, but they still didn't say yes to your copyright question.  In the absence of the requisite yes, the answer remains in its default state, which is no.

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