So is it true that making fan games will "ruin your life", as IP attorney Ryan Morrison says?
Only if you're retarded and
A) Expect people to pay for it
OR
B) Announce it before it's released
Only if you're not a doujin circle.
making them, no.
being loud and not subtle that you are making them, yes.
how stupid do you have to be to make a nintendo fangame?
Can some law-fag enlighten me?
What exactly is illegal about making fan games? Even if the fan game rips off another company's property?
Like, no company can dictate what I sing, dance, write, draw, skribble or program at home, right? I can keep programming copies of the original Mario Bros for all my life if I choose to do so ; none of their business!
I have released screenshots of my work and it impacts their copyright? Go take to screenies off! Doesn't have anything to do with what I keep programming though!
I can't release the final product? Alright, sure. But I can still work on it! Right?
>>376607458
right, what a fag
should have made some cool waifu shopkeeper puzzle weeblife simulator instead.
>>376607853
They can cease and desist you, which is where the wise developer stops. That alone means that all your work will never see the light of day. If it then leaks they can then actually sue you and ruin your life.
>>376607853
Nothing's illegal about making them, or at least nobody can do anything about it if it is. It's when you distribute stuff that you run into problems.
>>376607853
Far as I understand, it's not technically illegal if you aren't selling your product. Most companies rely on giving a C&D, and then you not having the resources to challenge it in court.
Same thing with EULAs too.
>>376607853
Bourgeois law is a scam to defend the bosses' profits
>>376608873
Commercial use matters to an extent, but there are plenty of other factors.
>>376608873
It's copyright infringement even if you don't make money off it, that's a common misconception.
>>376605375
For people who may not get the context, the Videogame Attorney guy or whatever exactly his name is, has been running what amounts to a fear mongering AMA on reddit. Proclaiming that, in fact, many fangame devs have had their lives ruined and destroyed by companies pursuing legal cases against them, and having them sign NDA's to prevent them from ever saying anything about it. The crux being that companies are completely within their legal right to pursue punitive cases against even free games and you're completely fucked if you make one.
Of course, there is absolutely zero fucking evidence for this, nor does he seem particularly willing to even answer how people are supposed to believe this, other than the implication of just on his own word. All of this aside, it being real would mean there's some sort of secret world of destroyed fangame devs no one has heard of or knows about, which completely goes against the idea of legal punishment. The whole point is that, if what people are doing is actually harmful, you want fucking everyone to know what the consequences are to encourage as many as possible to not do it in the first place. Keeping the punishments secret and out of the public eye is dumb as shit.
All of this in response to a joke video by Woolie.
>>376610510
Well, settlements are usually secret, but how would he find out their contents without breaking said secrecy?
>>376605375
How come they can't be categorized as parodies like porn movies do?
>>376610619
The fact that there WAS a settlement is never secret, however.
>>376610619
Settlements are usually secret, but we still fucking hear about them existing. One assumes, if this is true, he knows because of rumors in the field or being involved in such cases. He certainly seemed certain, so one imagines mostly the latter.
I have no legal knowledge, though, so what do I know? Maybe he's right, and you should never make a fangame or Nintendo will sue you into oblivion instead of just poking you 8 years later ineffectually. But again, we've never even heard a fucking whisper about this shit until he brought it up. If people are having their lives fucking annihilated as he's claiming, we should've heard something. There should be something available to the public. Fucking anything at all to point to and say "yeah no guys, you're all in real danger." To imply otherwise is to enter into crazy shadow government level conspiracy theories.
I'm sure there's been cases against idiots who tried for money or those who made them for free and made a nuisance of themselves in some way. But this is all coming off to me like ascribing a rare result to extremely specific charges in a general way to all fangame projects. There has been literally zero evidence supplied for this beyond his word. Absolutely nothing. Not even vague details, just "lives broken, homes and families destroyed, skies falling, yadda yadda."
>>376608090
Can't you just take the risk and "leak" whatever assests still exist online?
>>376607853
Basically, you are making a profit off someone else's IP. Also, there is the chance (especially with something like Pokemon Uranium) of people confusing the products for official ones and then the trademark holder losing sales as a result.
What you do in your own home is not a problem, but once you start spreading that around to other people and attempting to share it, then it becomes an issue. You can buy a CD and play it as much as you'd like at home, but when you start recording that and playing it to people over the internet, then you are giving it away to others and so can be affected by laws regulating such.
>I can't release the final product? Alright, sure. But I can still work on it! Right?
Yes, you certainly can. The AM2R guys can continue to work on and make changes to the game. But they won't, because there is little point if nobody will ever be playing it.
>>376611934
Not unless you can prove it was available before that point, no.
>>376610728
Because fair use isn't as simple as declaring something to be a parody and then getting a free pass to commit copyright infringement. Market impact is a very big factor in whether or not fair use applies. Porn movies aren't generally competing against the movies they are a parody of, fan games almost always compete directly against the work they are infringing.
>>376607853
Everything is illegal if you don't have enough money
>>376605375
He did say that most settlements come with NDAs so we can't actually know the amount of people who got their life ruined
Kinda scary
Companies are allowed to do whatever they want but there are also Fair Use laws in place to protect people from being sued into oblivion.