So I've been here since 05 and I've heard that if you charge subscriptions for games based on anime and stuff, it's against the rules and will be shut down.
What are the rules about Donations for in game perks?
ID:278130
 Jun 25 2009, 7:59 am
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Alright, then I have two more questions.
One, not only is this owner taking donations for in game perks on said game, he's also apparently making a serious offer to sell the source for a mill US dollars. He also has a host who takes donations to keep the server up, is that legit? Two, how do i go about informing Byond of something like this? | |
Sin angel3 wrote:
Alright, then I have two more questions. The former sounds like a rule violation, but I'm not certain about the second issue. The code does (ostensibly) belong to the hub owner, but possession of graphics not in the public domain (E.G. from spritesheets ripped from copyrighted games) would make his selling the source against the rules as well. As for the host taking donations, that one I can't be certain of either. It still seems like taking money for something that isn't theirs, but bring it up on the support email anyway. The official way to contact the BYOND staff is the support form. | |
The icons are definitely not ripped, though one of the perks is custom icons which let you put in ripped icons if you wish.
I don't think that changes the fact it's still a fan based game. | |
If it weren't for what your fan-game was based on, it wouldn't exist in the first place.
I say you get no money. :) | |
BYOND can't prevent the game from being hosted, but it can prevent the game from being visible in BYOND adverts and on the hub when it violates the TOS.
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digitalmouse wrote:
BYOND can't prevent the game from being hosted, but it can prevent the game from being visible in BYOND adverts and on the hub when it violates the TOS. Is there some other ToS? Because that one doesn't mention anything about anything. Just says don't put porn on your member page. | |
Sin angel3 wrote:
So I've been here since 05 and I've heard that if you charge subscriptions for games based on anime and stuff, it's against the rules and will be shut down.Fan-games shouldn't be receiving subscription bonuses (It's against the law to receive money for something that you don't own the copyright for) What are the rules about Donations for in game perks?How is it a donation if the donator gets something in exchange? | |
Sin angel3 wrote:
So I've been here since 05 and I've heard that if you charge subscriptions for games based on anime and stuff, it's against the rules and will be shut down. Well, there is a way which I asked Admins about using the support form. Some people charge for fan based games in their own way. The Example: If you buy subscription to Inuyashaisbest's Games, you get in-game perks(as you would say) for each game I make. I personally don't use it but what I was told it violates something, but they don't jump all over it as if it was "Subscribe to my DBZ game for a 1 million zenni boost, 5 new playable characters and a name color change." My conclusion: Just don't give any benefit for someone giving you some amount of money for a Fan-Based Game. If they want to donate to you let them, but give nothing in return. | |
Falacy wrote:
digitalmouse wrote: It's the law. Illegal to charge for things you don't own the copyright for. | |
Sin angel3 wrote:
It's the law. Illegal to charge for things you don't own the copyright for. That's not true at all. Here are a few counter-examples: * You can make fair use of the copyrighted work. * You can use the work with written permission from its copyright holder. * You can choose to sell work which is liberally licensed, for example a Creative Commons-licensed work. * You can make use of a work covered by a federally mandated price cap (such as Internet radio in the U.S.A, which has a mandated fee of seven-hundredths of a cent per song, per listener) Please don't spread the lie that copyrighted works are off-limits -- we need more remixing and sharing in our culture! | |
Ryan P wrote:
Sin angel3 wrote: Because every anime fan game is *obviously* using liberally-licensed content, is nonprofit, or takes the time to receive permission from the content's copyright holder. I'm sure in the real world that's populated with responsible citizens one of these items usually applies, but these kids in question couldn't care less about intellectual property because they're too young to care or be held responsible for such law violations. And I should have known you would have been anti-copyright, too. | |
I think he just wanted to clarify that selling copyrighted material that you didn't create isn't inherently illegal, and there are many times when it's perfectly legal. In the case of BYOND fangames, the distribution alone is likely illegal, the whole not charging for anything rule is simple to not poke the beast.
Didn't sound like he was anti-copyright to me, but rather an advocated of a fair copyright system that took into account the average person(creating and consuming), not just mega corporations. Copyright law is seriously broken in almost every country on Earth, but that doesn't mean that copyright is inherently bad. I'm not going to go on a big rant about it, but it's fair to say that wanting copyright reform is not being anti-copyright. | |
Copyright law is broken because the people that copyright their stuff want fair compensation and recognition for their work, and everyone else wants a loophole that applies specifically to their situation to be able to avoid one or both of those items (or they just plain want it for free).
It shouldn't become an argument about who gets to use the works as much as it should be why one person can't old an exclusive right to their own ideas. The only difference between ToxiDump the mega corporation and Joe Punchcard the middle-class hourly worker is that ToxiDump has the funds (so kindly contributed by the same consumers who complain about broken law) to chase after everyone and their pet dog who has ever used their property. | |
Once again, I'm going to avoid ranting. Copyright law is broken because it doesn't clearly define many issues. If I design a cowbell, and that cowbell is designed to make a very specific ring to my exact likings, is that not a creative work? Lets assume it is. Now, if a rock star the cowbell and uses it in his music, that is by the standard definition copyright infringement.
The same could actually be said for the sound of a car. If I had a movie with the sound of a Corvette reving it's engine in the background, that sound engine and exhaust system was designed to produce that sound, and as most car buffs know, you can normally tell what a car is by it's sound alone. Now, by using the sound of the engine without express permission by the copyright holder I could be sued. It gets to the point where distributing video, sound, or even text of any kind will almost certainly contain copyrighted material of some kind. "Opps, my ringtone went off on the air while I was broadcasting my radio show, I hope Apple Records don't sue me now". Copyright law is loosely defined, and leaves almost no protection for the consumer. And copyright law can be used in all kinds of crazy situations, especially with things like the US's DMCA preventing people from using legally obtained hardware as they see fit(with in personal use) because it contains some encrypted data on it. Some media organizations have even deemed playing a movie or song for friends is copyright infringement. | |
Anime and manga in particular have a ton of liberally licensed content, and a tradition of loose enforcement of copyright. The massive production, distribution, and enjoyment of fan-art is one of the most striking traits of the manga community, and many popular artists and publishers have publicly stated their support for their fan communities.
The most popular American brands may be an exception to that trend due to their exceptional commercialization and western mindset, but puts them far away from the larger artistic mainstream. And as for being anti-copyright, I don't see where you're getting that. | |
And what it sounds like is a legal loop hole. You donate to a person, which is not illegal, and he then gives you a boost as thanks. The content of his game doesn't seem to be a factor in this case as you are donating money to a single person and he gives you a gift in return.
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Jeff8500 wrote:
That "thanks" makes it a transaction, not a donation, and therefore illegal in this case. Pretty much every donation service gives you some kind of thanks. A lame t-shirt or sticker or something else along those lines. It depends if they're donating for the thanks I'd say. If you're donating 100 dollars to get a 10 cent sticker its probably still a donation =P | |
To my understanding, fan games are allowed a monetary influx of precisely zero because the person who owns the hub entry does not own the intellectual content contained within it.