Legal Question

Discussion and feedback on Construct 2

Post » Sat Jul 21, 2012 3:14 am

These replies are rather extensive, but your tree bears no fruit, Goury. "Intellectual Property" is the term to generalize and sum up all of the above on legal ownership rights on things of non substance. The topic is extensive and only gets longer when you include more angles like types of rights and what countries they come out of. Ultimately, if you want to be positive, do your own research: en.wikipedia.org/wiki/Outline_of_intellectual_property

The purpose of the question in this thread is to ask someone at least somewhat knowledge to cut some of the fat and clarify what you should be afraid of when tapping into possible property rights. What I wanted to say (in a way which was very clear, descriptive, and used many examples) was go ahead and make a Mario, Sonic, Smash Brothers, Final Fantasy, Dragon Warrior, Zelda, et cetra. Just don't use any of the names, audio, or ripped graphics. I also wanted to include that infringing is not always illegal and even when it is, the instances which the owner may not care anyway.
B
6
Posts: 8
Reputation: 716

Post » Sat Jul 21, 2012 8:43 am

Since when wikipedia became source of research?
Things dont happens just because some greedy one wants them to happen.
If you want to do research - do it, dont read pediwikia as it wrote and moderated by those greedy ones. There is no single good article regarding any laws.

The whole term made by those greedy ppl to confuse other ppl. As long you belive in this stories ull never do real research and never understand where is truth came from.

Research is about understanding where the truth came from, not just reading business fantasies.
http://www.gnu.org/philosophy/not-ipr.en.html
B
18
S
3
G
4
Posts: 46
Reputation: 3,873

Post » Sun Jul 22, 2012 1:56 am

I was waiting in hopes for you to falsify my wiki link. Wikipedia is a website where people take their education from outside sources and put them on the inside. I have a few friends who have a similar standpoint on life, the universe, and everything with snowballed philosophies of half thought truths of aimless doubt. The difference here is that you and I met on a middleware forum. If you do not see the irony in that without further explanation, it would not surprise me. I've spent enough time in court to tell you that when you get there it plays out like a game where the rules may seem somewhat subjective, but that does not mean there is no substance. You don't read a wiki article and become enlightened, but there is no shame in starting there and finding the appropriate sources.

I will not argue Wikipedia's stance further, I am well aware of the rigid validity and that knowledge is assumed to all readers and writers.
I will not steer the topic into senseless nitpicking. The point is made.
I will not further defend law from fantasy impressions. I have provided example, clarification, simplification, sources, and inspiration to research of its diversity and existence.
I will not argue that I have done less than solid on any of my points to anyone who doesn't demonstrate having at least tried to see what I mean.

That having been said, I would respond to a solid standpoint or an honest curious question about a grey area. Further spam and banter of this thread would be spam.
B
6
Posts: 8
Reputation: 716

Post » Sun Jul 22, 2012 2:38 pm

You dont even know what spam is and misuse this term as any other.
You dont even know how wiki works this days.
Things dont became senseless if you call em senseless.
B
18
S
3
G
4
Posts: 46
Reputation: 3,873

Post » Sun Jul 22, 2012 3:08 pm

Goury, even a cursory glance at the citations/edit history of the Wiki article gives massive weight to it's validity... It's page ranking of 4+ out of 5 for each category (Trustworthiness, Completeness, Writing quality and Objectiveness)furthers the point. Ripping on Wikipedia has become the joke dumb people feel smart laughing at.

For the topic at hand, I'd avoid using other's work as much as possible, in having to do work for yourself that you may not be experienced in is a great learning technique.
B
49
S
14
G
3
Posts: 540
Reputation: 5,611

Post » Sun Jul 22, 2012 9:01 pm

@Goury: If I draw an original sprite, it's my creation and it's my right to protect it from theft/abusive use by someone else if I want to.

Paying a copyright to protect a work I did gives me "legal ownership" to it, makes it my "intellectual property".

Even on a philosophical point would you deny me this right ?

I agree that patents are not copyrights and copyrights are not patent.
The famous Notch posted an interesting blog article on the subject today as a matter of fact.

I used to make music and wanted to be a professional at it.
I recorded some songs with my bands and protected those songs by paying/depositing those songs to define my copyright.
That would allow me/us to not get our songs ripped while we were sending the CDs to labels.
Copyright in that case would prevent a label to steal our songs and make sure we would get a deal if they were interested by those.
The copyright in that case really protects the original creator from having his creation took away from him, modified/reused out of his grasp. edit: I should probably rather say without a legal leverage. Owning a copyrights don't prevent the possibility of theft, but it's there to be able to pledge in court that "I did that first and the work was taken out of me without my consent".

Also I read through this topic some, apparently, confusion about big companies acting on "fan games" or derived works from their IPs (characters, stories, musics, game).

I don't know if you may have heard/remember about a legal issue that occured between Mojang (Notch's studio) and Bethesda software last year.

Mojang went to apply for a copyright for the name of their new game: "Scrolls".
Bethesda Software went into some legal turmoil with Mojang because of their own copyright ownership of "The Elder Scroll", pledging that "Scrolls" might get confused with "The Elder Scroll" and lead to loss of sales or other issues.

As explained pretty well in that blog article, it was Bethesda's duty to react to protect their copyright.
One might argue that it wasn't a smart move, since they "lost" their case, but Mojang also didn't got to copyright "Scrolls" as it was considered a generic word and shouldn't be copyrighted anyway.

Yet, they can't be blamed for this action either.

One can argue that it's a corporation and that the copyright doesn't protect the "creators" (the devs and artists who actually made the game) but rather protects financial interests.
Once again, the point of the topic is about the legal question, how it works in the real life.
As Stercus said, a court is a "game" set by constrictive rules that one must deal/play with if involved in a legal action.
You can't just dismiss them as being "philosophically unfair/irrelevant".

And to finish on Nintendo's case, they don't really bother with suing fan games. But also, most of their characters (mario, Link, etc...) are video games icons. They know it and understood it.
Mario kind of belongs to the gamers. And anyway, when you think Mario, you think Nintendo's Mario, the character is associated with the brand.
So in their case, their copyright is not threatened by a fan game.
Nevertheless go on and make a GTA Mario where he pays to have sex with Goombas and piss on flowers, all that with sprites displaying a penis, I bet that you will soon hear from them and be asked to remove the game from distribution right away.

Also about the TL;DR, when one takes the time to make an elaborate answer, the least politeness is to read it as a whole, especially on such subjective/debatable subjects.
If you don't have the time to read it right away, save it for later and answer only after having read the post.
It helps keeping the discussions relevant and not a simple battle of opinions.Kyatric2012-07-22 22:13:19
New to Construct ? Where to start

Image Image
Image Image

Please attach a capx to any help request or bug report !
Moderator
B
247
S
85
G
40
Posts: 6,999
Reputation: 57,793

Post » Sun Jul 22, 2012 10:08 pm

A great read @Kyatric, thanks for taking the time, you made a lot of good points.
B
27
S
8
G
8
Posts: 903
Reputation: 8,452

Post » Sun Jul 22, 2012 10:32 pm

@Kyatric
You obiviously used my copyrighted text to inspire your drawing (either you read it or broken forum rules) so i decide your drawing is partially inspired by my work. I forbid you to stole it and offers to license use of my text for low price of $1000000 per sprite youu draw.

Dont steal my copyrighted texts!

Only because something looks easier to understand it does not means its truth.
Do you really belive so the only things that determines truth is "how famous talking person is" and "how easilly you can understand he"?
Famous persons fancy talks is most obivious way to spread global lies to hide the truth.
B
18
S
3
G
4
Posts: 46
Reputation: 3,873

Post » Sun Jul 22, 2012 10:47 pm

@Goury: You'd be well within your rights to claim that; you would then file a statement expressing that claim to your legal counsel who would take it further: It could be a cease and desist, it could even be a lawsuit for damages incurred if you feel you're out of pocket, at the end of the day it would be brought before a judge and ultimately decided which party was in the wrong.

In your case your solicitor would likely tell you that you didn't have a case, or more likely the judge would simply tell you to come back with a more convincing one.. As yours, whilst hypothetical, seems crazy: Inspiration is not copyright infringement, it would have to be fairly blatant forgery or contain incredibly strong similarities to even be considered as such.

You don't seem to have a firm grasp of how the world works with talk of a conspiracy surrounding IP laws...
B
49
S
14
G
3
Posts: 540
Reputation: 5,611

Post » Sun Jul 22, 2012 11:01 pm

@Mr E Bear
You not famous enough for me to belive in your stories
There is no such thing like IP laws, Internet Protocol is determined by RFC documents, not laws
B
18
S
3
G
4
Posts: 46
Reputation: 3,873

PreviousNext

Return to Construct 2 General

Who is online

Users browsing this forum: Mirlas, Zebbi and 11 guests