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Question about Piracy
Ljink- 02/10/2016 06:54 PM
- 10089 views
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If you aren't making money off of it, then it's highly unlikely anyone will come after you for piracy. People make fan games quite often. There are a large number of Final Fantasy fangames on this site, just to name another Square Enix property, and they haven't been shut down.
If SE gave a shit they'd send a Cease and Desist letter much like every other company would in face of a free indie game that they thought was infringing on their IPs. Let SE's lawyers determine if your game is fine, not pubbie mcscrublord mod on some website that's totally ignorant of IP law. Until they speak up then Full Speed Ahead!
"This is nothing more than Piracy. How about you remake a western game instead taking advantage of the Japanese people? If they were Americans they would sue you until you're bankrupt."
this is a great quote for all of the wrong reasons
this is a great quote for all of the wrong reasons
author=Sated
On the one hand, it's highly unlikely that the companies who own these IPs are going to do anything about you making a fan game. A fan game doesn't harm them and it isn't really worth their time.
On the other hand, I kinda wish people would make their own IP, even if their own IP is so close to DQ or FF that it's basically the same anyway. Kentona knows what I mean ;)
I assure you I have no idea what you're talking about.
E:
wtf is up with the BBCode?
author=kentona
"This is nothing more than Piracy. How about you remake a western game instead taking advantage of the Japanese people? If they were Americans they would sue you until you're bankrupt."
this is a great quote for all of the wrong reasons
I freakin' choked when I read that. xD
First of all, the game you are making isn't "piracy," Piracy is literally making unauthorized copies of pre-made data and distributing it illegally.
You're not making a pirate of an existing DQ game, you are making a fan game.
Regardless, fan games are still technically illegal, but in a similar case with ROMs of old games, companies generally won't care nor even acknowledge the existence of your game if they feel that it poses no competitive threat towards their existing products.
The reason why that 3D Chrono Trigger game was shut down, for instance, wasn't solely because it was a Chrono Trigger fan game, but because with what it was doing to remaster the project, it would've potentially made Square's original property obsolete, and since they wouldn't profit from it, being a fan game made by a completely different team, it was a serious issue, so they flexed their company muscles and shut it down.
... But to sum it all up, don't worry about it.
Ljink
1554
author=Sated
On the one hand, it's highly unlikely that the companies who own these IPs are going to do anything about you making a fan game. A fan game doesn't harm them and it isn't really worth their time.
On the other hand, I kinda wish people would make their own IP, even if their own IP is so close to DQ or FF that it's basically the same anyway. Kentona knows what I mean ;)
@Sated
I see what you're saying. I just wanted to remake Dragon Quest 1 as a primer for future projects. And...nobody does Dragon Quest rpg projects in the west.
@Ratty524
Sounds good. I guess what the mod was getting at was it's a remake but of course there's extras and an engine that I don't own. Thanks, this guy's just making himself sound like a dumbass.
@Kentona
His quote actually holds a bit of truth to it but it doesn't reflect my intentions.
@GreatRedSpirit
Exactly! I mean, people over here really don't care about Dragon Quest...sadly. I don't think their officials are like "oh, some kid on a rpg maker engine is making a DQ game". This is small compared to what's going on in their business.
@InfectionFiles
Yeah, we're good. Goin all the way.
@unity
Sure thing, we're goin' all the way.
Thanks everyone for your insight. Just wanted to check with the right people. Production couldn't be going any better.
author=Ljink
but as long as I make sure that I note that graphics, sound, music, are not created by myself then I should be okay right?
That doesn't make what you're doing any more legal. This is absolutely copyright infringement. Are you likely to be caught? Not really. But you should understand that you have no legal leg to stand on here.
author=Ratty524
The reason why that 3D Chrono Trigger game was shut down, for instance, wasn't solely because it was a Chrono Trigger fan game, but because with what it was doing to remaster the project, it would've potentially made Square's original property obsolete, and since they wouldn't profit from it, being a fan game made by a completely different team, it was a serious issue, so they flexed their company muscles and shut it down.
Actually, it came out at a time when SE was considering a new Chrono title, and thus they were very protective of the brand name at the time. Alas, FFXV took up so much of their attention at the time that they decided not to make a new Chrono game. Wish they'd gone with Chrono instead. Might actually have a game to play by now.
There are some companies that allow people to use their resources when asked. One of these is Capcom. You could always shut the idiots up by trying to get into contact with someone from SE and gaining permission to use said resources, but honestly, I doubt they'd care as long as your game doesn't get super popular, defame their name and/or be for sale.
author=Libertyauthor=Ratty524Actually, it came out at a time when SE was considering a new Chrono title, and thus they were very protective of the brand name at the time. Alas, FFXV took up so much of their attention at the time that they decided not to make a new Chrono game. Wish they'd gone with Chrono instead. Might actually have a game to play by now.
The reason why that 3D Chrono Trigger game was shut down, for instance, wasn't solely because it was a Chrono Trigger fan game, but because with what it was doing to remaster the project, it would've potentially made Square's original property obsolete, and since they wouldn't profit from it, being a fan game made by a completely different team, it was a serious issue, so they flexed their company muscles and shut it down.
They did end up making it, it just doesn't have Chrono in the title. It's a spiritual successor for the Vita.
WARNING/DISCLAIMER: Tangential Diatribe incoming.the anger in this post is not aimed at anyone or anything in particular, save for copyright law, and persons who accept it wholly as is.
*sigh* this is one the reason I hate copyright laws: they were originally conceived to prevent free speech, have not been re-evaluated or amended in earnest for about a century, and they're so vaguely defined and socially stigmatized in relation to software that it allows people label things like your project as illegal without even having a basic understanding of actual copyright law. And yes,I concede that copyrights are definitely necessary in cases where something is a EXACT carbon copy that only nominally or remotely changes things if at all, or is straight up piracy (I.E. providing a download link or bootleg copy for the unedited game). but otherwise,one would be grasping at straws. only reason it may seem illegal is because big game companies sometimes use C&Ds to scare humble individuals out of making a derivative work due to the threat of being sued. copyright infringement only expressly applies to commercial derivative work. non-commercial derivative work can't be truly illegal because, as far as I know, no legal documentation or court case has inclusively brought non-commercial derivative works into question regarding copyright infringement.
so yeah, keep gam making man, don't let the sycophant naysayers get you down!
EDIT:whoops! took out a nonsensical, incomplete chunk of diatribe.
*sigh* this is one the reason I hate copyright laws: they were originally conceived to prevent free speech, have not been re-evaluated or amended in earnest for about a century, and they're so vaguely defined and socially stigmatized in relation to software that it allows people label things like your project as illegal without even having a basic understanding of actual copyright law. And yes,I concede that copyrights are definitely necessary in cases where something is a EXACT carbon copy that only nominally or remotely changes things if at all, or is straight up piracy (I.E. providing a download link or bootleg copy for the unedited game). but otherwise,one would be grasping at straws. only reason it may seem illegal is because big game companies sometimes use C&Ds to scare humble individuals out of making a derivative work due to the threat of being sued. copyright infringement only expressly applies to commercial derivative work. non-commercial derivative work can't be truly illegal because, as far as I know, no legal documentation or court case has inclusively brought non-commercial derivative works into question regarding copyright infringement.
so yeah, keep gam making man, don't let the sycophant naysayers get you down!
EDIT:whoops! took out a nonsensical, incomplete chunk of diatribe.
Ljink
1554
author=kalledemos
WARNING/DISCLAIMER:Tangential Diatribe incoming.the anger in this post is not aimed at anyone or anything in particular, save for copyright law, and persons who accept it wholly as is.
*sigh* this is one the reason I hate copyright laws: they were originally conceived to prevent free speech, have not been re-evaluated or amended in earnest for about a century, and they're so vaguely defined and socially stigmatized in relation to software that it allows people label things like your project as illegal without even having a basic understanding of actual copyright law. And yes,I concede that copyrights are definitely necessary in cases where something is a EXACT carbon copy that only nominally or remotely changes things if at all, or is straight up piracy (I.E. providing a download link or bootleg copy for the unedited game). but otherwise,one would be grasping at straws. only reason it may seem illegal is because big game companies sometimes use C&Ds to scare humble individuals out of making a derivative work due to the threat of being sued. copyright infringement only expressly applies to commercial derivative work. non-commercial derivative work can't be truly illegal because, as far as I know, no legal documentation or court case has inclusively brought non-commercial derivative works into question regarding copyright infringement.
so yeah, keep gam making man, don't let the sycophant naysayers get you down!
EDIT:whoops! took out a nonsensical, incomplete chunk of diatribe.
I also thought that a non-commercial derivative work would be just fine. I'll keep going, although a bit more aware. Somebody else mentioned that I shouldn't worry if the game doesn't make it's original property obsolete but...this is exactly what I'm trying to accomplish with this game. I want to make it better than the Android/iOS versions. It shouldn't be anything to lose my head over though. I'm still going strong. Thanks for your support.
There is a fine line, though. If you are using your own custom resources (or ones you have the rights to use - free-to-use or ones you've the license for) and it's inspired by the game and not a straight rip-off, then yes, absolutely legal.
However, certain things are not strictly legal - actually using the resources from the games (unless otherwise stated by the owners of the copyright of those resources) and/or using material that is identifiably theirs (say, moogles), then they have the right to ask you to Cease and Desist. It's their shit, after all.
Most of the time the companies don't care too much, as long as the game doesn't get too popular, you're not defaming their name (that's what happened with Marvel Brothel, iirc) and/or you're not trying to make money off their stuff. So this game is just fine unless you take it commercial (even if you had custom everything, they probably wouldn't let you use the name since that's their copyright and they're still making games under it.)
Technically, though, it is illegal, but depending on your country and the laws about copyright within the country it'd get handled different ways.
However, certain things are not strictly legal - actually using the resources from the games (unless otherwise stated by the owners of the copyright of those resources) and/or using material that is identifiably theirs (say, moogles), then they have the right to ask you to Cease and Desist. It's their shit, after all.
Most of the time the companies don't care too much, as long as the game doesn't get too popular, you're not defaming their name (that's what happened with Marvel Brothel, iirc) and/or you're not trying to make money off their stuff. So this game is just fine unless you take it commercial (even if you had custom everything, they probably wouldn't let you use the name since that's their copyright and they're still making games under it.)
Technically, though, it is illegal, but depending on your country and the laws about copyright within the country it'd get handled different ways.
author=Liberty
There is a fine line, though. If you are using your own custom resources (or ones you have the rights to use - free-to-use or ones you've the license for) and it's inspired by the game and not a straight rip-off, then yes, absolutely legal.
However, certain things are not strictly legal - actually using the resources from the games (unless otherwise stated by the owners of the copyright of those resources) and/or using material that is identifiably theirs (say, moogles), then they have the right to ask you to Cease and Desist. It's their shit, after all.
Most of the time the companies don't care too much, as long as the game doesn't get too popular, you're not defaming their name (that's what happened with Marvel Brothel, iirc) and/or you're not trying to make money off their stuff. So this game is just fine unless you take it commercial (even if you had custom everything, they probably wouldn't let you use the name since that's their copyright and they're still making games under it.)
Technically, though, it is illegal, but depending on your country and the laws about copyright within the country it'd get handled different ways.
I know... but so many harmless fan games have been C&Ded, I just had to get that off my chest :(
Ljink
1554
author=Liberty
There is a fine line, though. If you are using your own custom resources (or ones you have the rights to use - free-to-use or ones you've the license for) and it's inspired by the game and not a straight rip-off, then yes, absolutely legal.
However, certain things are not strictly legal - actually using the resources from the games (unless otherwise stated by the owners of the copyright of those resources) and/or using material that is identifiably theirs (say, moogles), then they have the right to ask you to Cease and Desist. It's their shit, after all.
Most of the time the companies don't care too much, as long as the game doesn't get too popular, you're not defaming their name (that's what happened with Marvel Brothel, iirc) and/or you're not trying to make money off their stuff. So this game is just fine unless you take it commercial (even if you had custom everything, they probably wouldn't let you use the name since that's their copyright and they're still making games under it.)
Technically, though, it is illegal, but depending on your country and the laws about copyright within the country it'd get handled different ways.
Well if FF:BMP can do it, so can I :D If something happens so be it. All I'ma say. I know the legal stuff pretty well now. It just bothered me that someone would refer to the game as pirated.
author=kalledemosauthor=LibertyI know... but so many harmless fan games have been C&Ded, I just had to get that off my chest :(
There is a fine line, though. If you are using your own custom resources (or ones you have the rights to use - free-to-use or ones you've the license for) and it's inspired by the game and not a straight rip-off, then yes, absolutely legal.
However, certain things are not strictly legal - actually using the resources from the games (unless otherwise stated by the owners of the copyright of those resources) and/or using material that is identifiably theirs (say, moogles), then they have the right to ask you to Cease and Desist. It's their shit, after all.
Most of the time the companies don't care too much, as long as the game doesn't get too popular, you're not defaming their name (that's what happened with Marvel Brothel, iirc) and/or you're not trying to make money off their stuff. So this game is just fine unless you take it commercial (even if you had custom everything, they probably wouldn't let you use the name since that's their copyright and they're still making games under it.)
Technically, though, it is illegal, but depending on your country and the laws about copyright within the country it'd get handled different ways.
Don't worry, this game won't get too popular I'm sure. Not popular enough to gain teh attention of Square Enix that's for sure. But I'm okay with that, just having fun is all.
The guy who said this is nothing more than Piracy is full of crap.
Even if you were remaking a DQ game for fun it still wouldn't be piracy.
It's illegal to use their resources and brand names.
Despite illegality, it's not amoral.
This is a hobby, a fan game, you're not doing anything morally wrong.
Even if you were remaking a DQ game for fun it still wouldn't be piracy.
It's illegal to use their resources and brand names.
Despite illegality, it's not amoral.
This is a hobby, a fan game, you're not doing anything morally wrong.
Ljink
1554
author=iddalai
The guy who said this is nothing more than Piracy is full of crap.
Even if you were remaking a DQ game for fun it still wouldn't be piracy.
It's illegal to use their resources and brand names.
Despite illegality, it's not amoral.
This is a hobby, a fan game, you're not doing anything morally wrong.
Yeah, technically it isn't legal but it's been happening for years. I'm still working on it, working on the new battle system at the moment.
It's not like you're pretending to have created the resources yourself or stealing them and the concepts!
You're just using that stuff to make a fan game, which is actually a compliment to the source material, you like it so much you're doing a fan game.
As far as I'm concerned, you're doing nothing wrong.
You're just using that stuff to make a fan game, which is actually a compliment to the source material, you like it so much you're doing a fan game.
As far as I'm concerned, you're doing nothing wrong.
Kaliesto
583
I would keep a eye on those guys. They sound like they now have a personal vendetta with you concerning how that message came off.
I can't stand holier-than-thou individuals. If Capcom, and Sega have both embraced the fan-scene then those punks have no say in the matter. Those companies realized it does not hurt anything at all. Hell, Capcom even hired the people who were doing the RE2-fan remake. I'm pretty sure they are realizing how much of a benefit this scene is now rather than hurting anything. Though I know in SE's case it's different, but hopefully one day they will see the benefit in it. I think it was a waste of resources they tossed out CT - Resurrection when they could have simply brought them on board as a official project.
Though I found out the real reason why CT - Resurrection was screwed. It was not because of SE, but Dragonball's Akira Toriyama. Apparently he was none too pleased about something. I can't believe it was a artist, and not the company itself directly.
I can't stand holier-than-thou individuals. If Capcom, and Sega have both embraced the fan-scene then those punks have no say in the matter. Those companies realized it does not hurt anything at all. Hell, Capcom even hired the people who were doing the RE2-fan remake. I'm pretty sure they are realizing how much of a benefit this scene is now rather than hurting anything. Though I know in SE's case it's different, but hopefully one day they will see the benefit in it. I think it was a waste of resources they tossed out CT - Resurrection when they could have simply brought them on board as a official project.
Though I found out the real reason why CT - Resurrection was screwed. It was not because of SE, but Dragonball's Akira Toriyama. Apparently he was none too pleased about something. I can't believe it was a artist, and not the company itself directly.
