While browsing the forums today, skimming mostly for semi-recent hot topics, I ran across the threads about the poorly attempted blackmail threat made against the host of a Final Fantasy themed game. While I agree with the majority that it's a badly executed lie, the situation itself, that of a game developer getting one or more real Cease & Desist Letters could be the necessary pruning I personally believe BYOND truly needs to really start growing.
Before I give my reasons for believing game developers getting legal literal takedowns is a good thing, I wish to say why I think no true harm could come out of such an event. Least if the recipient followed the C&D that is.
So, let's pretend that this truly horrible event did come to pass. A BYOND developer or team gets a real C&D, besides something small like a younger dev's Mom or Dad read the letter and ground them, I can't see anything really bad happening. Big corporations aren't stupid, they're not going to waste money with real legal time until it's obvious you're being noncompliant after being contacted.
But what if BYOND gets sued/shutdown? Title II of the DMCA has got that covered. So long as the BYOND Staff removes the copyright material in a timely manner after being notified of it by the company that holds the rights, it's all good.
Now we have a developer, or to skip the next step the BYOND staff, with a real letter mentioning a game or group of games a large company doesn't like. If it's a big enough thing, say Nintendo of America is on the warpath, and everyone gets clued in by a forum post written by someone who doesn't short speak. I'd be willing to bet a few changes to the system get made. A few simple warnings added to the new hub creation step pages about not adding works that infringe property rights. Published games get a once over and dealt with as needed. DMCA compliance statement page gets added to the web site.
Yes, I know. Some great games will no longer be on the HUB listing. So it goes, consider it growing pains. The big benefit in this trade off is (forced) creativity! Don't know about you but I'd take creativity and the way creativity works when you've got a bunch of creative people all in the same community than animated hub icons of Mario humping the Princess any day.
What do you think?
ID:3361
 Aug 24 2005, 1:57 am
|
|
If the BYOND staff was sucked into the process then they'd have to decide what constitutes as infringment or just listen to every company that came by asking. Take Last Robot Standing for instance, it's based off of Wiz-War, but is it enough like it to be considered infringment? I'd rather be able to stick up for myself when I don't think I've done anything wrong, and if they sent a letter to the staff I'd probably have to do it outside of BYOND (which would make it pointless).
| |
DMCA says OSPs aren't legally required to self police. Though I'd imagine if say Capcom said no more Megaman rips the new hub entries of such games would be easy enough to warning against and notice to remove.
As for what's enough to consider something IP infringement besides clearly defined allowances like for news or research, it's up to the courts to decide. Which I couldn't imagine anyone going that far with anything BYOND related, unless a secret self-righteous multi-millionaire BYONDer gets involved. | |
You'd have to be pretty nasty parents to ground a kid for (usually unknowingly) treading into the legal path of a faceless evil corporation... :P
Plus, grounding them inside where they can do more legal infringements, heh...