>Fan remake exists >Company sends a DMCA to take it down

they can try sue them and eventually bleed them dry of all their money

>>379767089
Or straight up send them to jail.

File: 1495744538935.jpg (37KB, 396x382px) Image search: [Google]

37KB, 396x382px

I wish we had a rule that prevents the same threads being made every day.

Thought it said DMC5

Let this thread die .

File: 1495902205669.png (305KB, 500x447px) Image search: [Google]

305KB, 500x447px

>>379767089
>He doesn't live in a country where the loser pays the costs for both sides

>>379767285
nah, they'll go free because of fair use, they're not trying to sell the remake but they'll still be bled dry from all the court costs

>>379767460
Right, so bleed them dry of all their money and THEN force them to pay Nintendo's fees.

>>379767494
that's not how fair use works

What if the project is relocated on some server in bumfuckistan where nobody gives a fuck about DMCA?
The members who work on it can do it from other locations.

>>379767701
>In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

>>379767494
Not making money off the product isn't part of fair use.
What they're doing is not fair use.

>>379767871
By the definition you gave, it's not fair use, maybe if they used the assets to make a completely new game it would be.

>>379768067
I'd like to think a fangame would fall under the transformative banner. Is there even a precedent for that?

>>379767871
Making a fan remake is not a limited and transformative purpose. Key word is limited.

>>379767871
Fair Use is a legal defense, primarily dedicated to protect educational and parody works. The "transformative" meme doesn't generally apply and even then you have to defend it in court, it is not a fucking license.

Read a book every once in a while.

>>379767847
It doesn't matter where it is if they're continuing to work on the game.
That's why you don't post it until it's fucking done and let the internet spread it for you. They send the C&D and the creator takes it down, but it has already spread all over by then.

>>379767912
So fan fiction is illegal? There is an awful lot of it on legitimate sites everywhere.

>>379767330
I wish stupid redditors like you killed themselves
We can't get what we want

>>379768423
Most of it falls under parody, fair use applies.

>Make fan game
>Be smart and keep things hush hush
>When done, upload it everywhere.
What now faggots?

>>379766950
it's copyright infringement plain and simple and can lead to jail time

>>379766950
Here's your court order, bro.

>>379768407
>It doesn't matter where it is

But every country has different approach to copyright, how can they enforce it in foreign territory?

>>379768203
It's the same content with a fresh coat of paint, not any different from altering the colors in a photograph and selling it as your own. Not fair use.

>>379767494
>of fair use,
you're watching too much youtube anon, Fair use is for reviews. and is not the full thing that is going to rival the product and even

>>379768506
>tfw kaizo mario world is fair use but a real metroid game made by fans isn't

>>379766950
Hello spamfag.
>>>/global/rules/9
>>>/global/rules/10
Always remember to sage, report, and filter the image MD5s of threads by spamfags.
Make sure to cross reference the archives, though right now fireden's security cert is expired.

>spend YEARS making a game they know will get taken down since they don't have the rights to use it
>Cry when it gets taken down
I don't understand literally make the same game but remove the metroid branding and your good.
Really sad to see talent get wasted on shit like this.

>>379768787
Except not because AM2R uses original sprites and music and adds areas to the game.

If a (Really good) fan game is uploaded anonymously, to various sites, and gets a DMCA'd, it that DMCA really going to have an effect?
Side question, If I was from some obscure Third-World country and uploaded it there, that law would not apply to me, right?

>>379769046
*by spamfag
It's one guy, whoops, repeating about 20-30 threads, 5 of his are up now.

>>379767460
thats not how it works.
Big companies bully little companies because before a winner is decided the little guy runs out of money.
No matter how strong your case is you cant go up against a corporation unless you have an undeniable case that cannot be dragged out.
Thats why for things like an accident at a site your insurance company sues them.

>>379769131
>If a (Really good) fan game is uploaded anonymously, to various sites, and gets a DMCA'd, it that DMCA really going to have an effect?
No.

>>379768927
To be fair, they could have just made a game saying it was inspired by Metroid. I don't know why people see so many projects getting DMCAs yet think somehow theirs is not going to get one as soon as Kotaku posts it, which it will eventually because the internet is the way it is.

>>379769069
>original sprites and music
Read my post again
>adds areas to the game
That's nice but when 95% of the game is still the same, it doesn't hold up.

Sue them for IP theft.

The Crown could also probably charge them for not obeying a lawful direction.

>>379769069
if there are any similarities at all even with the title a company can file a DMCA and sue for copyright infringement

IP is theft

>>379769131
No but nobody would play the game since they would not know that the game exists.

>>379766950
If the fan creators are living in a first world shithole like Europe or the USA they're fucked.

>>379769131
Not really, so long as there is someone who has the file they could potentially upload it anywhere and it would be up to the company to find and send a notice to the site (which can be circumvented by uploading it somewhere else) and your ISP (who are less likely to outright boot you off their service b/c they would be losing a customer and instead use warnings). It still would apply but it would be significantly harder to enforce it depending on your country's copyright laws.

DMCAs aren't sent to creators, DMCAs are sent to owners of sites that host content that can be uploaded by creators (for instance, any video site).

Complying with DMCA requests is the only thing that protects owners of such sites from being liable for the content that users of the sites upload. If they didn't, they'd get their pants sued off.

>>379770285
So theorically, a DMCA could be sent to vp/4chan to never ever host pokemon Clover again?

>>379767330
We did, newfag. What do you think happened during the great GG purging?

>>379766950

>Fans remake a game, but don't have it hosted anywhere that can be traced directly to them and never leave any trails when talking about the game during development that lead to them.

Why does this never happen? It's not even hard to do.

>>379768696
this

also wanted to add fuck games, those intitled manlet should totes off themselves, fan games are a cancer upon the industry and must be expunged

>>379766950
sue you. unless the judge throws the case out early you're going to get fucked by legal fees. if you aren't independently wealthy enjoy the poorhouse. if you are independently wealthy, why waste tons of money and time protecting your free fan game? someone will just upload a mirror to download it from in a week anyways.

>>379767871
Even in their wildest dreams of dodging the copyright problems, they'd still have to deal with the trademark problems. You can't just put out video games with someone else's branding. Might cause customer confusion, goy I mean guy.

>>379770954
Because they want praise/attention for it before it's done.

File: dmca.jpg (105KB, 798x830px) Image search: [Google]

105KB, 798x830px

>>379766950
You're one dedicated little cookie
You get the same answer every fucking time.

>>379771761

>Make up internet handle of choice
>Use that handle with that project, and maybe anything else you want to do truly anonymously, but never use it in a way that can be traced to your doorstep

I've done it before, it's really simple. But I don't do stuff for internet fame, so maybe that's why. Any praise one of my names gets goes to me anyway, so it's all good, I still appreciate it.

fair use means you can use any intellectual product as long as you're not profiting from it.. you could literally do nothing and the megacorps wouldn't be able to touch you

>>379767330
That is a rule that exists. It's just not enforced ever.

>>379768203
It wouldn't fall under the transformative banner. First of all, fair use is something that needs to be proven in court so they would have to convince a judge that them taking other people's assets and using it in their own product is fair use. Look at that NOT-Star Fox short that was on youtube. The second he named them something else was when the short became a transformative work with no issues.