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[Poll] Would you sell your game on RMN?
IS IT ILLEGAL TO USE VX IF...
Posts
kentona
Closeauthor=McBick1. Terms of Service Acceptance
While we're off topic here, can someone tell me where the rules for the forums are? Like what is/isn't allowed. I am aware of this:
http://rpgmaker.net/forums/topics/7262/
I want to see the general rules for all parts of the forums.
By visiting this website, rpgmaker.net (aftwards referred to as the "website" or merely "site"), you are agreeing to be bound by our Terms of Service, which may be modified without notice. In addition to our terms of service, you will also be subject to any rules or guidelines that may exist in specific sections of our website, such as game submission guidelines or the forum's community rules.
2. Active Services and Content
There is no inherent right to content or services on this website; this permission is granted fromthe site administrators and can be revoked at any time, without notice. In addition to this, any content that you submit may be edited or deleted, whether temporarily or permanently, at any time without notice and without liability towards you. The site and its administrators will not be held liable for the timeliness of submission acceptance, the denying or deletion of your content, the accuracy content or the improper delivery of content.
3. Your Responsibilities
In order to fully access the services made available by this website, you will be required to register for a site user account. It is your responsibility to provide us with truthful information when requested. All users of this website must have attained thirteen years of age, no exceptions. By registering for a user account, you are explicitly agreeing to be bound by our Terms of Service, including future modifications.
4. Privacy Policy
As a common practice on the internet, this website stores such personal information as your IP address, browser type, referring address and time of visit. In addition to this, registered users may have their username, e-mail and other information as required. Cookies may be used to remember visitor preferences. This information is collected for the sole purpose of enhancing your website experience and will NOT sold, rented or leased to third parties, including affiliates.
5. Security
You are personally responsible for maintaining the confidentiality of your password and you will be held liable for all activity conducted with your user account, whether or not you authorized it. You agree to immediately inform the site administrators of any potential security breaches to your account.
6. Your Activities
You agree that any content or post you submit, regardless of data type, will be your sole responsibility, whether you make it publicly viewable or if it is only intended for private use. You agree that this website may expose you to content that you may deem objectionable or offensive. The website itself is not responsible to you in any way for its content, nor for any error or omission. Content of an illegal nature should be reported to the site administrators.
You are specifically forbidden from:
hacking, whether it is the website or its users
spamming content and/or services
exploiting website vulnerabilities
submitting content that contains virus or any form of rogue code
submitting or posting any content that can be construed as unlawful
submitting or posting tasteless content, including rape, child pornographic, racist, etc.
harassing other users
This list is not meant to be all-inclusive and the site administration will use their best judgment to ensure that the website is a welcoming place for our users.
7. Ownership of Submitted Content
When you provide the website with your content, such as a game or article, you are merely giving the website explicit permission to make content available to its users. The website does not claim any rights to any user-submitted content, unless the content is submitted by a staff member and the works were created exclusively for the website. Users retain all rights to any content.
8. Indemnification
By using this website, you agree to indemnify and hold harmless the site administration and the site's staff, owners, affiliates, independent contractors and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or its services, your submissions, your violations of these Terms of Service, or any other violation by you of the rights of another person or legal entity.
9. DISCLAIMER OF WARRANTIES AND LIABILITIES
ALL SERVICES AND CONTENT PROVIDED BY THIS WEBSITE ARE DONE SO IN AN "AS-IS" FASHION AND IS TO BE USED AT YOUR OWN RISK. THE SITE ADMINISTRATION EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY NATURE, WHETHER EXPLICITY STATED OR MERELY IMPLIED, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE, AND NON-INFRINGMENT. THIS WEBSITE MAKES NO WARRANTLY, EXPLICITLY OR IMPLIED, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OR OF ANY PARTICULAR QUALITY. BY USE OF THE WEBSITE YOU AGREE THAT THE WEBSITE AND ITS SERVICES ARE NOT A PROFESSIONAL SERVICE AND WERE USED AT YOUR OWN RISK. THE SITE ADMNISTRATION WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties or liability, if you live in such a jurisdiction the other terms of service still remain enforceable.
10. Reservation of Rights
The site administration reserves all rights of the website, including by not limited to any and all copyrights, trademarks, patents and proprietary technology that it may have in respect of this website, its content and services. The user of the website's rights requires prior written consent by the site administration. By making services available to you, the site administration is not providing you with any implied or explicit licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site administration's prior written consent.
11. Notification of Copyright Infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site administration's copyright agent may be contacted via: copyright@rpgmaker.net
12. Applicable law
You agree that these Terms of Service and any dispute arising out of your use of this website or services provided will be governed by and construed in accordance with local laws applicable at the site administration's domiciles, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this website, or by using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site administration's domiciles, and that any disputes will be heard by the said courts.
Shinan
3797
author=McBick
While we're off topic here, can someone tell me where the rules for the forums are? Like what is/isn't allowed. I am aware of this:
http://rpgmaker.net/forums/topics/7262/
I want to see the general rules for all parts of the forums.
The rest can probably be found on http://rpgmaker.net/terms_of_service/ especially #6 is about content.
You are specifically forbidden from:
hacking, whether it is the website or its users
spamming content and/or services
exploiting website vulnerabilities
submitting content that contains virus or any form of rogue code
submitting or posting any content that can be construed as unlawful
submitting or posting tasteless content, including rape, child pornographic, racist, etc.
harassing other users
McBick
1195
Edit: Shinan posted before i submitted my post, so I didn't see his post until after I posted.
Felix20
213
Just to be extra clear about free copies of commercial software (i.e. RPGMaker), if you didn't pay for the copy it is illegal (unless or until it is released under a different licence allowing it to be free)
If it sounds like it's illegal, it probably is. The internet has really fostered a pitiful sense of intellectual property rights among the people who use it. Some folks still don't understand that the 'freely available' rm2k/rm2k3 development package they use is commercial intellectual property of Enterbrain, and as such, illegal for them to use without paying for it.
It's an individual's choice regarding whether to do 'x illegal thing' or not, and we don't knowingly allow illegal products to be linked here (please don't), but it's probably a good thing to ask these kinds of questions because it does in fact help inform others. Your topic is fine.
(please don't minimod NewBlack, thanks)
It's an individual's choice regarding whether to do 'x illegal thing' or not, and we don't knowingly allow illegal products to be linked here (please don't), but it's probably a good thing to ask these kinds of questions because it does in fact help inform others. Your topic is fine.
(please don't minimod NewBlack, thanks)
McBick
1195
author=Karsuman
If it sounds like it's illegal, it probably is. The internet has really fostered a pitiful sense of intellectual property rights among the people who use it. Some folks still don't understand that the 'freely available' rm2k/rm2k3 development package they use is commercial intellectual property of Enterbrain, and as such, illegal for them to use without paying for it.
It's an individual's choice regarding whether to do 'x illegal thing' or not, and we don't knowingly allow illegal products to be linked here (please don't), but it's probably a good thing to ask these kinds of questions because it does in fact help inform others. Your topic is fine.
(please don't minimod NewBlack, thanks)
I read the license and it's only enforced by the laws of Japan. Which means it's only illegal in Japan.
THIS END USER LICENSE AGREEMENT (THE “AGREEMENTâ€) IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END-USER (THE “LICENSEEâ€) AND ENTERBIRAN,INC.(“ENTERBRAIN†OR “LICENSORâ€) BY INSTALLING OR USING “RPG MAKER VX†(THE “SOFTWAREâ€), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER.
A. Ownership. ENTERBRAIN retains all title, copyright and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.
B. License
ENTERBRAIN grants to Licensee a non-exclusive, non-assignable license to use the Software on only one (1) computer by installing the Software, and Licensee cannot use the Software concurrently by and on multiple computers.
C. Restriction
Licensee shall not reverse engineer, de-compile, or disassemble the Software.
Further, Licensee shall not sell, assign, lease, sublicense, encumber, or otherwise transfer the Software without the written consent of ENTERBRAIN.
D. User registration
Licensee shall promptly sign up and register required information as a user of the Software. Licensor will provide support, via on-line basis and only the scope designated by Licensor, to the Licensee who completed the registration process in accordance with Licensor's direction. Such support shall be provided on “as-is†basis without any warranty in any manner.
E. Distribution rights
Licensee may, at its sole discretion and its own risk, distribute the game (“Gameâ€) originally created by Licensee by utilizing the Software with the following conditions;
(i) Only Licensee who properly completed the user registration may distribute its own Game;
(ii) The Game that may be distributed by Licensee shall be legally created and shall not infringe third party's rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold ENTERBRAIN harmless against any claim/suit/proceeding brought against ENTERBRAIN arising out of or in connection with the Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party; and
(iii) Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game's distribution method, and/or any other items created or added by Licensee.
F. Termination
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon termination of this Agreement, Licensee shall cease using the Software, shall delete the Software and Game from its computers and shall either return to ENTERBRAIN or destroy the Software. If Licensee elects to destroy the Software, then Licensee shall certify in writing to ENTERBRAIN the destruction of the Software.
G. Limited Warranties and Disclaimers.
ENTERBRAIN does not warrant that the Software will meet Licensee's requirements, that the Software will operate in combinations other than as specified in the Documentation, that the operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.
ENTERBRAIN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
H. Liability Limitation
IN NO EVENT SHALL ENTERBRAIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENTERBRAIN'S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO ENTERBRAIN WITH RESPECT TO THIS AGREEMENT.
I. Entire Agreement.
This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.
J. Governing Law and Jurisdiction
This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.
I don't know why so many people think it's illegal. Am I missing something?
Shinan
3797
What it means is that by accepting the license (which you did otherwise the program wouldn't install) you accepted that you will follow Japanese laws.
Or something like that. There are trade agreements that mean that people are supposed to respect other countries' copyright laws (or you won't be able to import stuff from that country. So if you use something from/in a country that doesn't follow these agreements you don't violate copyright instead you are probably using smuggled goods or something like that. I don't actually know about international law at that level. Someone who has studied that stuff (like a lawyer) probably has the information and explanations you need.)
Or something like that. There are trade agreements that mean that people are supposed to respect other countries' copyright laws (or you won't be able to import stuff from that country. So if you use something from/in a country that doesn't follow these agreements you don't violate copyright instead you are probably using smuggled goods or something like that. I don't actually know about international law at that level. Someone who has studied that stuff (like a lawyer) probably has the information and explanations you need.)
McBick
1195
I looked that up too and Japan has no jurisdiction here, at least not when pertaining to copyrights.
J. Governing Law and Jurisdiction
This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.
What that means is that you are still legally obligated to follow the license agreement as Japan dictates. It's not that it's not illegal in America. It's that Japan gets to decide what is a violation.
If Enterbrain somehow drags your ass to court (lol) I hope you have an extensive knowledge of japanese copyright law.
Though I am curious about the sourcing of Japan having no copyright jurisdiction in the US.
McBick
1195
I wasn't claiming it. There is really no real source because they have nothing that states they have copyright/intellectual property jurisdiction outside of their country. If you must have a source I can find you an article explaining their law's jurisdiction in other countries.
author=McBick
If you must have a source I can find you an article explaining their law's jurisdiction in other countries.
yes please
McBick
1195
author=VersaliaJ. Governing Law and JurisdictionWhat that means is that you are still legally obligated to follow the license agreement as Japan dictates. It's not that it's not illegal in America. It's that Japan gets to decide what is a violation.
This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.
If Enterbrain somehow drags your ass to court (lol) I hope you have an extensive knowledge of japanese copyright law.
Though I am curious about the sourcing of Japan having no copyright jurisdiction in the US.
Like I said before they have no jurisdiction outside of it's country. They can't take you to court unless your in Japan, but even if you were they would need evidence. Unless you brought the the evidence with you, it would be impossible to take you to trial.
author=McBick
Like I said before they have no jurisdiction outside of it's country. They can't take you to court unless your in Japan, but even if you were they would need evidence. Unless you brought the the evidence with you, it would be impossible to take you to trial.
author=Versaliaauthor=McBickyes please
If you must have a source I can find you an article explaining their law's jurisdiction in other countries.
McBick
1195
Here you go. Also Japan use to have copyright relations to the US, but they no longer have any.
Link:
http://www.copyright.gov/circs/circ38a.pdf
Link:
http://www.copyright.gov/circs/circ38a.pdf
ChuJooRi
1103
You should re-read the document which you have linked. Specifically this part:
Bilateral copyright relations between Japan and the United States, which were formulated effective May 10, 1906, are considered to have been abrogated and superseded by the adherence of Japan to the UCC Geneva, effective Apr. 28, 1956.
Furthermore, you should look into Title 17 of the United States Code and the WIPO Copyright Treaty of 1996.
Bilateral copyright relations between Japan and the United States, which were formulated effective May 10, 1906, are considered to have been abrogated and superseded by the adherence of Japan to the UCC Geneva, effective Apr. 28, 1956.
Furthermore, you should look into Title 17 of the United States Code and the WIPO Copyright Treaty of 1996.
McBick
1195
Also I am not saying that a Japanese Company's copyrights have no jurisdiction outside of Japan. Only the copyrights they have in Japan are void outside of the country. They can still get copyrights for their products in other countries. I haven't been able to find any from Enterbrain though.
McBick, you can't just link a PDF full of information that would suggest you are incorrect such as
and then not cite exactly what is backing up YOUR point of view. Can we just get a lawyer up in here?
STANDING AGREEMENTS WITH JAPAN:
Japan · Berne (Paris) July 15, 1899; Bilateral May 10,
1906; UCC Geneva Apr. 28, 1956; UCC Paris Oct. 21, 1977;
Phonograms Oct. 14, 1978;
Bilateral: Bilateral copyright relations with the United States... oops Julev beat me to it.
UCC Geneva · Universal Copyright Convention, Geneva, 1952
and then not cite exactly what is backing up YOUR point of view. Can we just get a lawyer up in here?
The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
author=Versalia
...Can we just get a lawyer up in here?
How about a mod instead? ...to lock the topic that is, since it's obviously not getting anywhere. xP
ChuJooRi
1103
You can also look at this list. Which is the nations part of the WIPO Copyright Treaty.
http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16
Then, directly from Title 17 of the United States Code:
(...)
(b) Published Works.â€" The works specified by sections 102 and 103, when published, are subject to protection under this title ifâ€"
(...)
(2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party; or (...)
Specifically look at the key words "Protection under this title" and "foreign nation that, on the date of first publication, is a treaty party"
Then, go back to the list of nations part of the WIPO Copyright Treaty. And look you will see that both the United States and Japan are part of the treaty.
http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16
Then, directly from Title 17 of the United States Code:
(...)
(b) Published Works.â€" The works specified by sections 102 and 103, when published, are subject to protection under this title ifâ€"
(...)
(2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party; or (...)
Specifically look at the key words "Protection under this title" and "foreign nation that, on the date of first publication, is a treaty party"
Then, go back to the list of nations part of the WIPO Copyright Treaty. And look you will see that both the United States and Japan are part of the treaty.
