[Sorted out] My helpful post was deleted/The issue of fan fiction games
Author
I accept your view on these matters and will, according to this, not post about mine or anybody else's fan game anymore. I personally disagree but that is of no importance in the matter. Considering just how many posts, announcements and Image of the Days are posted, often times not just stealing a name or look of a copyrighted character but even actual art assets, I would really like to see a short addition to the rules that makes this clear for future users.
It's been a long time since I posted-- hi everyone!
I just wanted to point out that it's the user's responsibility to refrain from engaging in legally questionable conduct on this site-- and there is, generally speaking, little to no question that fan games and clone games violate US copyright and trademark law. These are strict liability crimes that don't require ill will. Even if you're creating it as a fan, you're still on the hook. Ignorance of the law is also never a defense to a crime (any crime, by the way, not just copyright and trademark).
When a moderator deletes a post that clearly demonstrates or promotes this kind of conduct, the moderators are protecting you, the poster. In other words it's for your own good and the good of those who may, in their ignorance, follow your example.
That being said, it's been a while since the ToS has been revised so that's something we'll need to take into consideration in the future. However, I thought that the forum guidelines (from what I remember, as I said, it's been a while) include provisions for this kind of thing? If not I'll see about getting that taken care of.
I just wanted to point out that it's the user's responsibility to refrain from engaging in legally questionable conduct on this site-- and there is, generally speaking, little to no question that fan games and clone games violate US copyright and trademark law. These are strict liability crimes that don't require ill will. Even if you're creating it as a fan, you're still on the hook. Ignorance of the law is also never a defense to a crime (any crime, by the way, not just copyright and trademark).
When a moderator deletes a post that clearly demonstrates or promotes this kind of conduct, the moderators are protecting you, the poster. In other words it's for your own good and the good of those who may, in their ignorance, follow your example.
That being said, it's been a while since the ToS has been revised so that's something we'll need to take into consideration in the future. However, I thought that the forum guidelines (from what I remember, as I said, it's been a while) include provisions for this kind of thing? If not I'll see about getting that taken care of.
Author
The law side of things is clear to me, I'm considered a criminal under US American law. Of course, we shouldn't omit the fact that not a single soul has ever (to the very best of my knowledge) suffered any consequences whatsoever beyond getting a nice letter that tells you to please stop developing the fan game. So, to me, that doesn't exactly make me very nervous to be honest. If anybody was actually punished ever in any way, share or form, please let me know!
If you're going by the minuscule amount of 'trouble' that a cease and desist letter causes and you feel the need to protect me against that, feel free to do so. As I have said already, I'm absolutely okay with following rules I personally dislike or don't understand.
I guess you might also actually be enforced to erase criminal content anyways or doesn't Gamedev.net fall under American law in that way?
Personally, I really wish we we're still kids working on cool stuff in garages during long nights and it wasn't all big business and lawyer talk, but I realize the naivety of that attitude.
Out of interest, what's the deal with all the big titles that shamelessly rip off intellectual copyright? I'm thinking of the game Rift for example, which is a carbon copy of World of Warcraft down to the names and prices of the perks and tech trees. What's with Blizzard's StarCraft universe where the races and almost all units are taken directly from Warhammer 40k? And, ironically, the character Indiana Jones was actually stolen from old Italian Western movies from the 30s. I assume they used enough loopholes to make sure they couldn't get sued? Especially since I'm always talking about absolutely free fan games and these are all huge commercial titles!
If you're going by the minuscule amount of 'trouble' that a cease and desist letter causes and you feel the need to protect me against that, feel free to do so. As I have said already, I'm absolutely okay with following rules I personally dislike or don't understand.
I guess you might also actually be enforced to erase criminal content anyways or doesn't Gamedev.net fall under American law in that way?
Personally, I really wish we we're still kids working on cool stuff in garages during long nights and it wasn't all big business and lawyer talk, but I realize the naivety of that attitude.
Out of interest, what's the deal with all the big titles that shamelessly rip off intellectual copyright? I'm thinking of the game Rift for example, which is a carbon copy of World of Warcraft down to the names and prices of the perks and tech trees. What's with Blizzard's StarCraft universe where the races and almost all units are taken directly from Warhammer 40k? And, ironically, the character Indiana Jones was actually stolen from old Italian Western movies from the 30s. I assume they used enough loopholes to make sure they couldn't get sued? Especially since I'm always talking about absolutely free fan games and these are all huge commercial titles!
The law side of things is clear to me, I'm considered a criminal under US American law. Of course, we shouldn't omit the fact that not a single soul has ever (to the very best of my knowledge) suffered any consequences whatsoever beyond getting a nice letter that tells you to please stop developing the fan game. So, to me, that doesn't exactly make me very nervous to be honest. If anybody was actually punished ever in any way, share or form, please let me know!
If you're going by the minuscule amount of 'trouble' that a cease and desist letter causes and you feel the need to protect me against that, feel free to do so. As I have said already, I'm absolutely okay with following rules I personally dislike or don't understand.
I guess you might also actually be enforced to erase criminal content anyways or doesn't Gamedev.net fall under American law in that way?
Personally, I really wish we we're still kids working on cool stuff in garages during long nights and it wasn't all big business and lawyer talk, but I realize the naivety of that attitude.
Out of interest, what's the deal with all the big titles that shamelessly rip off intellectual copyright? I'm thinking of the game Rift for example, which is a carbon copy of World of Warcraft down to the names and prices of the perks and tech trees. What's with Blizzard's StarCraft universe where the races and almost all units are taken directly from Warhammer 40k? And, ironically, the character Indiana Jones was actually stolen from old Italian Western movies from the 30s. I assume they used enough loopholes to make sure they couldn't get sued? Especially since I'm always talking about absolutely free fan games and these are all huge commercial titles!
There is a difference between creating a character with similar attributes and directly taking artwork or using the same exact names for characters. Besides, Mona is an attorney - she stated things pretty clearly. I'd probably take up a new thread in the lounge if you want to discuss the last paragraph more..
For now I'm going to close this because we've pretty much stated our explanation of how things were handled pretty clearly.
This topic is closed to new replies.
Advertisement
Popular Topics
Advertisement
