I was referring to rips; not fan games. I have no gripe with fan games so long as some creativity is put into it and the developer doesn't claim, "completely original!" and try to make money off of it.
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You stated this earlier.
Kumorii wrote: Original means that the IP is of your creation. There are no 'what ifs' when it comes to the legality of this. Unless the original IP holder or author(in the logic of code and graphics) has given explicit permission to you or the public, it is considered theft. Really I don't see the difference between the two. |
Most major IP holders have made it clear that they don't particularly care about fan games so long as they don't get too popular, give credit, or try making money, in which case they'd issue a C&D. Other companies have spoken out with a more negative approach to fan games.
Rips are a different issue because you're stealing someone else's work and passing it off as your own without the author's consent. (poor)Example; you can play Twinkle Twinkle Little Star all you want and however you want, but you can't take Mozart's rendition of the same song and claim it as your own. |
Kumorii wrote:
Most major IP holders have made it clear that they don't particularly care about fan games so long as they don't get too popular, give credit, or try making money, in which case they'd issue a C&D. Unless the original IP holder or author(in the logic of code and graphics) has given explicit permission to you or the public, it is considered theft. Have they stated specifically that they allow it? Rips are a different issue because you're stealing someone else's work and passing it off as your own without the author's consent. Fan games are doing such. |
You're not considering that fan games and stealing somebody else's programming or graphics and passing it off as your own are two different topics.
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Kumorii wrote:
You're not considering that fan games and stealing somebody else's programming or graphics and passing it off as your own are two different topics. It's using their "IP" correct? Then yes. |
Yes, however you're giving proper credit to the IP holder and not passing the IP off as your own. Fan games are entirely legal so long as the IP holder doesn't file a C&D.
I don't see why this is so difficult for you to grasp. |
Kumorii wrote:
Yes, however you're giving proper credit to the IP holder and not passing the IP off as your own. Fan games are entirely legal so long as the IP holder doesn't file a C&D. "Games are protected by copyright in the source code and in the representations on the screen as artistic works." In sense rips and fan-games are doing the exact same thing. |
Murrawhip wrote:
Kumorii wrote: This. |
Kumorii wrote:
but you can't take Mozart's rendition of the same song and claim it as your own. Because he's going to rise out of the grave and take you to court if you do. |
Isn't a fan game just like making a parody? I mean, you can make a parody of something and not get sued what-so-ever. And you're actually using characters and some other elements from a specific copyrighted work.
JUST asking... |
Parody is often difficult to prove, and I can't think of any BYOND games off the top of my head that would be guaranteed protection under that defence.
Edit: Probably HoboAssault. |
Yeah, Fair Use is a tricky law too understand and it's easy to accidentally add something in your project which breaks that Fair Use law and becomes copyrighted.
If you really want to go that route, just be careful and do your homework. Or just make an original project of the same genre. |
The law is more forgiving, but if you can't trademark it, its not much of an IP BRAND if you ask me.
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Kaiochao wrote:
Character creation involves asking the player how much red, green, and blue he wants in his hair. I guess all that time I spent playing Dark Souls was wasted then. |
SuperAntx wrote:
Kaiochao wrote: <3 Dark Souls |
The biggest problem with Byond is that it has no games, the reason it has no games is because its not developer friendly.
The anime games that do exist are all hidden ( not much can be done about that though) I think Byond should perhaps focus on becoming more developer friendly. |
Didn't you make Pokémon games at one-point in time?
Everyone has to start off somewhere, no reason to judge them upon that. Everyone at some point wants to feel like they've made something.
Everyone is different.