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Nintendo's Official View On Fangames
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Who Replied?SBaby
Dungeon Master
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BlackCharizard: You ought to tell that to Serebii. I suggested they put a Game Development Thread up there and he turned me down... told me he was afraid his site would get shut down...
Hacker: Send it under a different name. If there's no copyright on it, (Pokemon Fangames wouldn't have one.) then even if it is turned down, you can still post it on the Net. Just, don't give Nintendo any of your ideas... (Like if the evil Zarnon is resurrected in it and threatening to destroy the world.)
My rant: That Nintendo thing... A Heartless corporation that only cares about making money... Even though they probably WOULD make money off of fangames, since there's an entire cult that would play them...
Sony even has fangames on the PS2 (Alien Hominid for one). And guess what? It sells, and Sony makes a profit from it!
Maybe Nintendo should get the hint and do the same thing... Ok, that's my rant.
Nintendo doesn't really care one way or the other, because we aren't making money off of it, and it isn't hurting Nintendo's sales any more than Sony and Microsoft are.
I used HHH's name in one of my older games, and Vince McMahon has yet to sue me. And this is the guy that monetarily destroyed WCW and ECW! If HE doesn't care about that, then Nintendo definitely doesn't!
Hacker: Send it under a different name. If there's no copyright on it, (Pokemon Fangames wouldn't have one.) then even if it is turned down, you can still post it on the Net. Just, don't give Nintendo any of your ideas... (Like if the evil Zarnon is resurrected in it and threatening to destroy the world.)
My rant: That Nintendo thing... A Heartless corporation that only cares about making money... Even though they probably WOULD make money off of fangames, since there's an entire cult that would play them...
Sony even has fangames on the PS2 (Alien Hominid for one). And guess what? It sells, and Sony makes a profit from it!
Maybe Nintendo should get the hint and do the same thing... Ok, that's my rant.
Nintendo doesn't really care one way or the other, because we aren't making money off of it, and it isn't hurting Nintendo's sales any more than Sony and Microsoft are.
I used HHH's name in one of my older games, and Vince McMahon has yet to sue me. And this is the guy that monetarily destroyed WCW and ECW! If HE doesn't care about that, then Nintendo definitely doesn't!
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Yes but...
But doesnt Sony OWN the Playstation 2? Or by fangame do you mean that someone suggests the idea, Sony uses it, sells it and sends xx% of the profits to some person
SBaby said:Sony even has fangames on the PS2 (Alien Hominid for one). And guess what? It sells, and Sony makes a profit from it!
But doesnt Sony OWN the Playstation 2? Or by fangame do you mean that someone suggests the idea, Sony uses it, sells it and sends xx% of the profits to some person
Kyle_Katarn
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Hitshka the Groudonmaster said:But doesnt Sony OWN the Playstation 2? Or by fangame do you mean that someone suggests the idea, Sony uses it, sells it and sends xx% of the profits to some person
Sorry, that was me who posted that, my lousy brother didnt sign out lol
so yeah, I stand by my post
Krazy_Meerkat
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Yes true, but Alien Hominid was a flash game turned into a ps2 game. I'm sure they had all the copyrights to it because the graphics were completely their own. It was converted to ps2 because otherwise macromedia would want a cut.SBaby said:BlackCharizard: You ought to tell that to Serebii. I suggested they put a Game Development Thread up there and he turned me down... told me he was afraid his site would get shut down...
Hacker: Send it under a different name. If there's no copyright on it, (Pokemon Fangames wouldn't have one.) then even if it is turned down, you can still post it on the Net. Just, don't give Nintendo any of your ideas... (Like if the evil Zarnon is resurrected in it and threatening to destroy the world.)
My rant: That Nintendo thing... A Heartless corporation that only cares about making money... Even though they probably WOULD make money off of fangames, since there's an entire cult that would play them...
Sony even has fangames on the PS2 (Alien Hominid for one). And guess what? It sells, and Sony makes a profit from it!
Maybe Nintendo should get the hint and do the same thing... Ok, that's my rant.
Nintendo doesn't really care one way or the other, because we aren't making money off of it, and it isn't hurting Nintendo's sales any more than Sony and Microsoft are.
I used HHH's name in one of my older games, and Vince McMahon has yet to sue me. And this is the guy that monetarily destroyed WCW and ECW! If HE doesn't care about that, then Nintendo definitely doesn't!
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Alien Homonid is an independent game, that's not the same as a fangame. I'm quite sure they sold it to a real publisher. It's not incredibly different from any other game.
DarkMage31
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Alien Hominid is NOT a fangame. It is an original game utilizing original graphics and coding and such. The creators own all copyrights to the product. Macromedia merely developed the platform it runs on. It's like the Unreal engine. Game makers liscense the Unreal Engine (3.0 for the next gen) and have the right to use it. Unreal gets the money from the liscense, not the game sales of the game that runs on it. Similarly, Macromedia does not own rights to Alien Hominid - rather, the platform it originally ran on. That's like saying Maya (3D modeling software) owns rights to Shrek.
And yes, fan games are copyrighted that don't use ripped graphics. Any original work by an author that is "fixed in a tangible medium of expression" is instantly copyrighted. You just can't make a lawsuit out of it unless you register with the copyright office.
If it is a parody or criticism, it falls under the category of "fair use." Fair use exists so existing copyrighted material can be used in comment, criticism, parody, etc. It would be hard to review a book without quoting it, right?
And disclaimers are not legally effective either. I quote from Stanford Copyright & Fair Use:
"A disclaimer is a statement that "disassociates" your work from the work that you have borrowed. For example, if you write an unauthorized biography of Mickey Mouse, you may include a disclaimer such as "This book is not associated with or endorsed by the Walt Disney Company. " Will it help your position if you use a disclaimer? In close cases where the court is having a difficult time making a fair use determination, a prominently placed disclaimer may have a positive effect on the way the court perceives your use. However, a disclaimer by itself generally will not help. That is, if the fair use factors weigh against you, the disclaimer won't make any difference. For example, in a case involving a "Seinfeld" trivia book (see Section C), the publisher included a disclaimer that the book "has not been approved or licensed by any entity involved in creating or producing Seinfeld. " Despite the disclaimer, the court held that the use of the "Seinfeld" materials was an infringement, not a fair use."
If your game does not fit the definition of Fair Use, there is one more thing to consider: Derivitive Work.
A ?derivative work? is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a ?derivative work?.
On another note, I'm not sure if the hardware companies get money from third party releases, such as Alien Hominid. It seems unlikely publishers have to pay Microsoft, Nintendo, and Sony to put games on their systems. If the game was developed and published by one of the above mentioned companies, they would definately get the profit. IDK about third party though.
OK, there goes my whole day. My rant is over.
And yes, fan games are copyrighted that don't use ripped graphics. Any original work by an author that is "fixed in a tangible medium of expression" is instantly copyrighted. You just can't make a lawsuit out of it unless you register with the copyright office.
If it is a parody or criticism, it falls under the category of "fair use." Fair use exists so existing copyrighted material can be used in comment, criticism, parody, etc. It would be hard to review a book without quoting it, right?
And disclaimers are not legally effective either. I quote from Stanford Copyright & Fair Use:
"A disclaimer is a statement that "disassociates" your work from the work that you have borrowed. For example, if you write an unauthorized biography of Mickey Mouse, you may include a disclaimer such as "This book is not associated with or endorsed by the Walt Disney Company. " Will it help your position if you use a disclaimer? In close cases where the court is having a difficult time making a fair use determination, a prominently placed disclaimer may have a positive effect on the way the court perceives your use. However, a disclaimer by itself generally will not help. That is, if the fair use factors weigh against you, the disclaimer won't make any difference. For example, in a case involving a "Seinfeld" trivia book (see Section C), the publisher included a disclaimer that the book "has not been approved or licensed by any entity involved in creating or producing Seinfeld. " Despite the disclaimer, the court held that the use of the "Seinfeld" materials was an infringement, not a fair use."
If your game does not fit the definition of Fair Use, there is one more thing to consider: Derivitive Work.
A ?derivative work? is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a ?derivative work?.
On another note, I'm not sure if the hardware companies get money from third party releases, such as Alien Hominid. It seems unlikely publishers have to pay Microsoft, Nintendo, and Sony to put games on their systems. If the game was developed and published by one of the above mentioned companies, they would definately get the profit. IDK about third party though.
OK, there goes my whole day. My rant is over.
Ninja Tree
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OMG...Nintendo's official view on fan games if they found out what RM2k3 was would be horrible...they'd be like: DONT USE THAT CRAP!
Booda Sack
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They also don't give a crap about fan games because how many are actually completed and are as full(as in are as good) as the official games?
Well I haven't seen any yet.
Well I haven't seen any yet.
DarkMage31
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Every time you turn on your computer, you see one Booda.
hmm I admin I didn't read whole topic but my point is: "... trademarks or registered trademarks of Nintendo of America" but outside US?
For example a mail sent to Sweden site thepiratebay.org by Microsoft
This letter serves as notification under the Digital Millennium Copyright
Act, 17 U.S.C. ? 512, or equivalent notice provisions of your local law,
that content currently residing within your computer system infringes on the
copyrights of Microsoft Corporation. Moreover, the source code contains
proprietary trade secret information belonging to Microsoft. I am
authorized to act on behalf of Microsoft in this matter.
Their response to Dreamworks
As you may or may not be aware, Sweden is not a state in the United States
of America. Sweden is a country in northern Europe.
Unless you figured it out by now, US law does not apply here.
For your information, no Swedish law is being violated.
May be we should program our games outside th USA (I'm already not)
For example a mail sent to Sweden site thepiratebay.org by Microsoft
This letter serves as notification under the Digital Millennium Copyright
Act, 17 U.S.C. ? 512, or equivalent notice provisions of your local law,
that content currently residing within your computer system infringes on the
copyrights of Microsoft Corporation. Moreover, the source code contains
proprietary trade secret information belonging to Microsoft. I am
authorized to act on behalf of Microsoft in this matter.
Their response to Dreamworks
As you may or may not be aware, Sweden is not a state in the United States
of America. Sweden is a country in northern Europe.
Unless you figured it out by now, US law does not apply here.
For your information, no Swedish law is being violated.
May be we should program our games outside th USA (I'm already not)
Krazy_Meerkat
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I'm in australia, I'm sure US law has some bearing here.. I think the Digital millenium copyright act must have been changed by now anyway..
Dawson
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And I really don't think the American folk are gonna leave the country just so that they can make a fangame...XD
And I still stand by my point (backed up by Booda) that Nintendo wont do anything anyway because they have no reason to. And another thing to think about is that Nintendo are now working on Diamond/Pearl, so all of our games are now outdated anyway. All we're doing is extending FR/LG's life by keeping it fresh in people's minds with our own games.
And I still stand by my point (backed up by Booda) that Nintendo wont do anything anyway because they have no reason to. And another thing to think about is that Nintendo are now working on Diamond/Pearl, so all of our games are now outdated anyway. All we're doing is extending FR/LG's life by keeping it fresh in people's minds with our own games.
strikes me as funny that he said audiovisual now if im right
audio falls under music sounds ect
and visual meaning sprites graphics and animations and any form of viewable content
now if you use music from rs or any other pokemon games thats audio and that counts as copying doesnt it....
audio falls under music sounds ect
and visual meaning sprites graphics and animations and any form of viewable content
now if you use music from rs or any other pokemon games thats audio and that counts as copying doesnt it....
Ninja Tree
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Don't post on threads that haven't been posted on for 4 months...
[_DarkDragon_]
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anything in the game that is ripped &/ copied and is used for other purposes other than backup is illegal as far as I know.
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