To all of the angry Fan Game creators/players

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ID:107733
 
Jan 28 2011, 5:23 pm
Try something for me.


Step 1: Go create a fan game for the Xbox Live platform, a fan game for the iPhone, or a fan game for Android.

Step 2: Attempt to submit your fan game to those services to be published.

(Step 2.5: Get rejected immediately)

Step 3: Come limping back to BYOND with your heads down and your Saiyan tails between your legs and beg for forgiveness.


The fact that your fan games are allowed to be listed on BYOND at all is a miracle. It's also sheer luck that the IP holders have overlooked BYOND fan games up until now. That luck could change at a moment's notice.

Welcome to the real world, kiddos.
Jan 28 2011, 5:27 pm
I myself am a fan game creator, but I still 100% agree with SilkWizard. No matter the efficiency of my game, it's someone else's intellectual property and I don't deserve to be credited for it.

I'm glad BYOND has someone like this to tell it like it is.
Jan 28 2011, 5:35 pm
I would think legal issues start popping up when someone decides it's okay to offer subscriptions and donation benefits and whatnot for a fangame, and not if it's just some random fangame made for fun and not profit.
Jan 28 2011, 5:38 pm
Duelmaster409, I think that's a good rule of thumb for where legal action might be expected, but technically fangames are using another holder's intellectual property and thus subject to their decisions.

It would probably be logical policy on BYOND to delist any fangames that charge money in any way. Currently we don't allow them to offer subscriptions on-site, but even off-site transactions are a problem and we wouldn't want to be pulled into that.
Jan 28 2011, 5:39 pm
SilkWizard, I should point out that some platforms do allow fangames, but, like us will pull them when ordered. For instance, there were a number of Tetris clones in the Android App store that had to be removed when the Russian entity in charge ordered a C&D.
Jan 28 2011, 5:43 pm (Edited on Jan 28 2011, 6:18 pm)
Tom wrote:
SilkWizard, I should point out that some platforms do allow fangames, but, like us will pull them when ordered. For instance, there were a number of Tetris clones in the Android App store that had to be removed when the Russian entity in charge ordered a C&D.

My guess is that those slipped by at first because they weren't obvious violations of copyrighted material (kind of like how Tengen's Tetris for the NES originally slipped by back in the day).

That said, I don't think you'd ever see more obvious stuff like "Naruto GOA" or "DBZ: Heroes United" get past the first screening. Even if they did, they'd be issued a C&D super quickly.
Jan 28 2011, 6:39 pm
Reading this just got me thinking a little off topic, but I'm curious. Red vs Blue uses Halo to make there show, and countless others use video games to make there series (A.K.A Machinimas). Is this illegal?

I couldn't find a direct answer anywhere, and also 8-Bit Theater uses Final Fantasy sprites for there comics. Is this illegal? I'm sorry to get so off topic, but is it?

*Also to note, Red vs Blue and a few others do make money from these creations.*

Sorry to get off topic :P.

On topic: I agree with this post, it's just something users have to accept in game creation.
Jan 28 2011, 7:01 pm
Shadow813 wrote:
Reading this just got me thinking a little off topic, but I'm curious. Red vs Blue uses Halo to make there show, and countless others use video games to make there series (A.K.A Machinimas). Is this illegal?

It's hard to answer that. Speaking in general, most footage of a video game being played falls under the "fair use" clause unless the person is using that footage to market something.

For stuff like Red vs. Blue and other Machinimas, I wouldn't use a term like "illegal". It is highly doubtful that the holders of those IPs would ever go after stuff like that. The most that they'd ever do is send a C&D.


Shadow813 wrote:
I couldn't find a direct answer anywhere, and also 8-Bit Theater uses Final Fantasy sprites for there comics. Is this illegal?

Again, illegal is too strong of a word. Because this type of thing is common practice on the web for parody comics and videos, I doubt that you'd ever see that get shut down.



...Now if some created a Halo fan game using another FPS engine and took the graphics right out of Halo, you'd see that squashed in a heart beat.
Jan 28 2011, 7:15 pm
SilkWizard wrote:
...Now if some created a Halo fan game using another FPS engine and took the graphics right out of Halo, you'd see that squashed in a heart beat.

Lol, yea for sure. Any who, thanks for the response. I just got curious, but eh I guess.
Jan 28 2011, 8:30 pm
im not a saiyan tho im a ninja with nine taels :\
Jan 28 2011, 8:34 pm
you mad your game isn't getting 20+ players?

EDIT: So much for the site update helping you out.
Jan 28 2011, 8:46 pm
Youngj52032 wrote:
you mad your game isn't getting 20+ players?

NEStalgia averages out at around 25 players at peak times.

EDIT: So much for the site update helping you out.

There have been dozens of new players every day since the site update.

Next time you think before you speak.
Jan 28 2011, 8:48 pm
@C_Dawg_S

Sureeeeeeeeeeeeeeeeeeeeeee
Jan 28 2011, 8:52 pm
Youngj52032 wrote:
you mad your game isn't getting 20+ players?
EDIT: So much for the site update helping you out.

I'm not mad at all. For one thing, I haven't added new story content to NEStalgia since September, yet I've probably made upwards of $1000 since then. That's a fair chunk of change in my pocket, plus a great sign that people who play the game really enjoy it.

I've probably never been more excited about NEStalgia than I am right now. With the new BYOND site changes here plus my long-promised marketing campaign starting in February, NEStalgia has no where to go but up!
Jan 28 2011, 8:53 pm
SilkWizard wrote:
Youngj52032 wrote:
you mad your game isn't getting 20+ players?
EDIT: So much for the site update helping you out.

I'm not mad at all. For one thing, I haven't added new story content to NEStalgia since September, yet I've probably made upwards of $1000 since then. That's a fair chunk of change in my pocket, plus a great sign that people who play the game really enjoy it.

I've probably never been more excited about NEStalgia than I am right now. With the new BYOND site changes here plus my long-promised marketing campaign starting in February, NEStalgia has no where to go but up!

At least you are confident :D
Jan 28 2011, 9:15 pm
It's ironic that you used a picture of Goku that didn't have a tail.
Jan 29 2011, 1:28 am
Just wanted to add the reason that Red vs Blue can get away with making merchandise and DVDs and stuff based on another companies IP is the simple fact that the owners (Bungie) highly endorse them and are in fact massive fans of them.

Extra geek mode: In halo 3 there's a small section of the game where they use voice actors from Red vs Blue to play out small funny sketches.
Jan 29 2011, 3:46 am
SilkWizard wrote:
my long-promised marketing campaign starting in February

Marketing campaign? Mind sharing what you plan on doing? I imagine advertising BYOND games outside of BYOND can be pretty difficult.
Jan 29 2011, 3:49 am
I wouldn't think so, Kao. It's much like marketing any gaming product / service you have on the internet. It is "difficult" compared to getting players on BYOND (as you basically expend little to no effort hyping inside BYOND for okay return), but in the grand scheme of things, it's not like he's trying to market an exciting new tasty form of kelp he's growing, there is some natural market appeal in gaming circles.
Jan 29 2011, 7:54 am
Kao3 wrote:
Marketing campaign? Mind sharing what you plan on doing? I imagine advertising BYOND games outside of BYOND can be pretty difficult.

For starters, I've created a promotional website, and will soon be finishing up a short promotional video.

Like Stephen says, marketing the game won't be rocket science. I'll be sending individually crafted emails to a large variety of gaming blogs, and hopefully using my old contacts at some other major sites in order to get a mention.

Furthermore, I'll be putting some money into promoting NEStalgia ad banners on Google, and the promotional video on Youtbe.

There is no telling exactly how well it will work. This campaign will either net me a slow but steady growth of players over a longer period of time, or some major site will post a news item about it and we'll suddenly explode with new players.

Whatever happens, it's worth a shot!
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