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Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

CJacobs posted:

I hate game companies' stupid lovely legal departments.

Seriously

Lurdiak posted:

They probably wanted to give it a chance to exist before doing what they're legally obligated to do.

Stop saying this. This has to be one of the most pervasive internet myths of all time. That's not how the law works. They don't "have to" DMCA things. There's other solutions.

Quest For Glory II posted:

There are people who say "they have to protect their copyright or it'll hurt them in court" but that only applies to trademark and:

Thankyou.

AND they're free to offer a non-commercial licence which means they still have complete contractual control of their IP and the licensee can't make a single red cent from the IP, but everybody wins and the fans like the IP more and the IP grows in power so the IP holder can sell more things and make more money. There's no reason not to do that.

Its what the king's quest fan mod got to do and the project1999 everquest server got to do and dozens of other fan projects get the same thing.

But we still have people on the internet using the "they have to or they lose their copyright" claim which is never how the system has worked.

Zaphod42 fucked around with this message at 15:24 on Aug 8, 2016

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Golden Goat
Aug 2, 2012

FirstAidKite posted:

I thought it had a couple though, like Josh being the new wendigo if he survives, that and the wendigo spirits still being around since the old man specifically said not to destroy them or else that just releases their spirits

It's possible to miss that scene I believe but that felt like standard for slasher flicks though where it always shows the killer/monster/skeleton at the end.

I hope they do another and just tackle a different type of horror monster.

ImpAtom
May 24, 2007

Zaphod42 posted:

Stop saying this. This has to be one of the most pervasive internet myths of all time. That's not how the law works. They don't "have to" DMCA things. There's other solutions.

Any "other solution" you have in mind is probably far more of a magical internet myth. Mega Man x Street Fighter is probably the closest and in the case of that it was shown off to Capcom staff in advance and Capcom officially agreed to assist in development, they didn't go in after it was done and release.

Zaphod42 posted:

There's no reason not to do that.

Yes there is. The thing you're describing is not a magic get-out-of-everything free button.

ImpAtom fucked around with this message at 15:30 on Aug 8, 2016

Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

Quest For Glory II posted:

no, if they're using existing assets then that's infringement no matter what. like I want copyright law to be reformed but you still shouldn't just lift art/music assets unless you're transforming them in some way under fair use law. the trademark thing was just a discussion that derailed a bit. i listed it as one example of something nintendo doesnt give a gently caress about

Fair use is supposed to cover non-commercial products.

If a kid draws a picture of mickey mouse for fun its not supposed to be illegal, but our capitalist mindset has pretty much convinced everybody it should be, for some reason.

CJacobs posted:

Using original assets is what would keep them safe from a c/d, because then it qualifies as a fangame. They can use the Metroid name all they like as long as they're crystal clear about the fact that it's not a real Metroid game. That's how Mario fan games and fan game websites have continued to exist for decades and how this project got shut down after one day.

There's no such thing in legal terms as a "fangame" but otherwise yeah, if its non-commercial and they make it clear they dont' hold the IP then it should be okay.

Course powerful lawyers will take you to court or DMCA you and if you don't have the resources you can't fight back so they win by defalt, which is why fair use law is so weak these days.

Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

ImpAtom posted:

Any "other solution" you have in mind is probably far more of a magical internet myth. Mega Man x Street Fighter is probably the closest and in the case of that it was shown off to Capcom staff in advance and Capcom officially agreed to assist in development, they didn't go in after it was done and release.

Absolutely wrong

Zaphod42 posted:

Its what the king's quest fan mod got to do and the project1999 everquest server got to do and dozens of other fan projects get the same thing.

Its not a myth by any means; its how law works.

There's also this: http://www.forbes.com/sites/matthickey/2014/11/17/nintendo-to-allow-its-characters-in-other-media-license-free/#6c4fbe602323

http://www.neogaf.com/forum/showpost.php?p=139223533&postcount=1

Ciaphas posted:

Ah, I had gotten the impression it was out already. My bad! :saddowns:

It comes out Tuesday on PS4 and Friday on PC, just hold yer horses.

Zaphod42 fucked around with this message at 15:31 on Aug 8, 2016

ImpAtom
May 24, 2007

Zaphod42 posted:

Its not a myth by any means; its how law works.

No it isn't. The law isn't "Here is a thing! It's magical and free and Nintendo are just JERKS for not using it!" How about you cite actual law instead?

Also maybe not post an article explicitly about Japanese law and a Nicovideo program which shows very specific limitations.

ImpAtom fucked around with this message at 15:37 on Aug 8, 2016

Red Bones
Aug 9, 2012

"I think he's a bad enough person to stay ghost through his sheer love of child-killing."

Palpek posted:

Yeah, it does what it sets out to do well and the interactivity adds entertainment to it. In the end it's another cliche horror movie but it works because it does it straight without trying to be something more or less and seeing those typical horror scenarios play out gives some actual enjoyment because they didn't half-rear end it. There are also still some neat details and nuances to the story that are cool to uncover like one of the monsters being Hannah and her aggressive behavior towards the 'old' monsters that work as a team. I'm also thankful that it didn't end with a sequel-hook but was a full experience. One factor that can't be overlooked is that while it's not a long game it's still a pretty long horror movie so I don't hold it against them that they decided to add some Saw, X-files and zombie movies into the mix - in the end it stays within the confines of the title.

Also while controlling the characters while walking through corridors and woods I thought that it would be really neat to get a classic point-and-click adventure game with these graphics and control, it would be a joy to play. It's not really possible to have that kind of budget in that genre though.

I appreciated that they took a style of game (walkin and talkin and doin QTEs) that's been criticised in the past and actually made a really satisfying game out of it. I think it's because mostly those games are made by David Cage and are sold as like, compelling stories that you can choose the outcome to, and they never really end up being either of those things. Until Dawn accomplishes the story it set out to tell really well, and it establishes from the outset that the thing you can influence in this story is who lives and who dies, and it follows through on that promise completely.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!
https://www.youtube.com/watch?v=F1p3KB-xECA

FirstAidKite
Nov 8, 2009

Zaphod42 posted:

If a kid draws a picture of mickey mouse for fun its not supposed to be illegal, but our capitalist mindset has pretty much convinced everybody it should be, for some reason.

I don't think this scenario really compares at all.

It'd be more like if some got some modern mickey mouse animation cels from disney, copied them, and used them to remake some classic mickey mouse cartoons, then distributed it for free on a global scale, which one can argue would hurt business for disney's sales of anything related back to distribution of those classic cartoons (not that they're in desperate need of business obviously, but that's irrelevant)

mutata
Mar 1, 2003

We're gonna need to see some credentials before we let this debate continue. Cough em up!

Golden Goat
Aug 2, 2012

That's beautiful acting right there.

Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

ImpAtom posted:

No it isn't. The law isn't "Here is a thing! It's magical and free and Nintendo are just JERKS for not using it!" How about you cite actual law instead?

Also maybe not post an article explicitly about Japanese law and a Nicovideo program which shows very specific limitations.

No and that's not remotely the scenario I'm presenting.

The law is "Nintendo can say its okay or they can say its not okay depending upon what they want, since its their IP"

Copyright and Trademark aren't the same thing.

They have the power. They can say its okay or they can be dicks and fight it.

How do you think copyleft even loving works? That's all plenty legal. You know about creative commons right?

Now, even if they say its not okay, fair use is supposed to cover a lot of cases. If they make it clear its an UNOFFICIAL game in big bold letters, they could still potentially get away with it even if Nintendo says they can't, although like I said Nintendo can play hardball and take them to court and they can't afford to prove that they're right.

FirstAidKite
Nov 8, 2009

Zaphod42 posted:

although like I said Nintendo can play hardball and take them to court and they can't afford to prove that they're right.

This is the other factor, yea, nobody working on something like this is going to have the funds (or want to spend the funds) to defend themselves in court to nintendo (or any other company) so it is easier for them to just accept the cease and desist.

Stux
Nov 17, 2006

Lurdiak posted:

Breaking: I'm hearing rumors someone's sending fake DMCAs in Nintendo's name because they hate Nintendo???

FirstAidKite
Nov 8, 2009
Hi stux!

Stux
Nov 17, 2006

cant wait for nms

Golden Goat
Aug 2, 2012

So is No Man's Sky just you farting about from planet to planet and looking at whatever horrible creature's been randomly generated?

Is there anything else in it like crafting or combat or do you have to survive out there or something?

FirstAidKite
Nov 8, 2009

Stux posted:

cant wait for nms

I hope you enjoy it :D

ImpAtom
May 24, 2007

Zaphod42 posted:

No and that's not remotely the scenario I'm presenting.

The law is "Nintendo can say its okay or they can say its not okay depending upon what they want, since its their IP"

Copyright and Trademark aren't the same thing.

They have the power. They can say its okay or they can be dicks and fight it.

How do you think copyleft even loving works? That's all plenty legal. You know about creative commons right?

Now, even if they say its not okay, fair use is supposed to cover a lot of cases. If they make it clear its an UNOFFICIAL game in big bold letters, they could still potentially get away with it even if Nintendo says they can't, although like I said Nintendo can play hardball and take them to court and they can't afford to prove that they're right.

... Do you really expect Nintendo to put everything they have under creative commons license? Because I *really* think you should look at what that is and if it's even remotely plausible to expect them to put even Metroid alone under that. Creative Commons licensing is a great thing but it really isn't applicable here because it explicitly involves giving up control.

Also creative commons licenses are genuinely without a ton of precedent, especially in US case law, and as far as I know video games haven't really been looked at at all and would involve a lot of complexity. Even just attributing photos used in ad campaigns can be difficult.

ImpAtom fucked around with this message at 15:59 on Aug 8, 2016

Stux
Nov 17, 2006

Golden Goat posted:

So is No Man's Sky just you farting about from planet to planet and looking at whatever horrible creature's been randomly generated?

Is there anything else in it like crafting or combat or do you have to survive out there or something?

i havnt followed anything since it was announced so all im expecting and wanting is flying about in a cool universe and anyhting else is icing imo

Stux
Nov 17, 2006

Guy Mann posted:



Old Nintendo power was so shameless.



Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

Golden Goat posted:

So is No Man's Sky just you farting about from planet to planet and looking at whatever horrible creature's been randomly generated?

Is there anything else in it like crafting or combat or do you have to survive out there or something?

Yeah all of that. There's crafting and combat, but the combat is super simple. There's both ground combat and space combat. You can upgrade your ground suit and ground laser gun, (and there's different types of laser gun) as well as your spaceship and its guns.

There's loooots of crafting, that's most of the game. Some environments are poisonous, super hot, super cold, radioactive, etc. and your suit has to be upgraded to defend against them. (It sounds just like the HEV suit from HL1 :3: )

Its basically space minecraft but with no base buildng (yet, they're patching it in later) but way more variety in the environments.

ImpAtom posted:

... Do you really expect Nintendo to put everything they have under creative commons license? Because I *really* think you should look at what that is and if it's even remotely plausible to expect them to put even Metroid alone under that. Creative Commons licensing is a great thing but it really isn't applicable here because it explicitly involves giving up control.

Also creative commons licenses are genuinely without a ton of precedent, especially in US case law, and as far as I know video games haven't really been looked at at all and would involve a lot of complexity. Even just attributing photos used in ad campaigns can be difficult.

Are you really this loving thick?

No I'm not expecting Nintendo to put everything under creative commons, that was just a loving example of the fact that legal copyleft systems can exist and IP holders CAN share their IP without losing the rights to it like you keep suggesting. It would make absolutely no sense for Nintendo to do that, but that's just one of the many many legal schemes there are for dealing with such a thing. I'm just using it as an example, a lower bound. How is that so hard to understand? Context is important ImpAtom.

The rights owners to Everquest didn't put Everquest under creative commons licence but they DID offer a non-commercial licence to project1999 which they currently operate under. For gently caress's sake. They still own the rights to Everquest and I can't infringe without paying but project1999 is not infringing because they said so. Its that simple.

Zaphod42 fucked around with this message at 16:07 on Aug 8, 2016

Golden Goat
Aug 2, 2012

Zaphod42 posted:

Are you really this loving thick?
:chillout:

Stux posted:

i havnt followed anything since it was announced so all im expecting and wanting is flying about in a cool universe and anyhting else is icing imo
People seem angry about it but it looks like goofy fun from some of these videos.

Stux
Nov 17, 2006

Zaphod42 posted:

Yeah all of that. There's crafting and combat, but the combat is super simple. There's both ground combat and space combat. You can upgrade your ground suit and ground laser gun, (and there's different types of laser gun) as well as your spaceship and its guns.

There's loooots of crafting, that's most of the game. Some environments are poisonous, super hot, super cold, radioactive, etc. and your suit has to be upgraded to defend against them. (It sounds just like the HEV suit from HL1 :3: )

Its basically space minecraft but with no base buildng (yet, they're patching it in later) but way more variety in the environments.


Are you really this loving thick?

No I'm not expecting Nintendo to put everything under creative commons, that was just a loving example of the fact that legal copyleft systems can exist and IP holders CAN share their IP without losing the rights to it like you keep suggesting. It would make absolutely no sense for Nintendo to do that, but that's just one of the many many legal schemes there are for dealing with such a thing. I'm just using it as an example, a lower bound. How is that so hard to understand? Context is important ImpAtom.

The rights owners to Everquest didn't put Everquest under creative commons licence but they DID offer a non-commercial licence to project1999 which they currently operate under. For gently caress's sake. They still own the rights to Everquest and I can't infringe without paying but project1999 is not infringing because they said so. Its that simple.

lol

ImpAtom
May 24, 2007


I am not comfortable with that Pokemon's big plans.

Zaphod42 posted:

Are you really this loving thick?

No I'm no expecting Nintendo to put everything under creative commons, that was just a loving example of the fact that legal copyleft systems can exist and IP holders CAN share their IP without losing the rights to it like you keep suggesting.

... well, for one, copyleft literally involves giving up some but not all rights. That's part of the point of it? It also explicitly involves giving up a fair bit of control which is something Nintendo has little reason to do. Almost all those legal systems are intended for mass distribution for education or other purposes. Nintendo could probably find a way if they really wanted to but the number of ways it can backfire are through the roof.

Palpek
Dec 27, 2008


Do you feel it, Zach?
My coffee warned me about it.


FirstAidKite posted:

I thought it had a couple though, like Josh being the new wendigo if he survives, that and the wendigo spirits still being around since the old man specifically said not to destroy them or else that just releases their spirits

Tho if you just mean that it had a complete ending that had a definite starting and ending point without any dumb "well if you wanna know more about x then you'd better play the sequel!!!" then yeah, it didn't have anything like that I don't think, and that's good.
Yeah, I meant more that the game didn't end with a cliffhanger. I'm all for some loose ends that can lead to a potential sequel but I'd rather those loose ends be picked up when the actual sequel comes out rather than the first title ending with a big question mark. It's probably because recently Order 1886 left a bad taste in my mouth with a thing like that (and having its sequel cancelled).

That's what I liked about the Alien movies each of which had a definite ending with the next movie picking up the story again. It's also why I thought the ending of Alien: Isolation could have been better handled - the game was already long enough and could have easily ended with Amanda making it to the ship safely or dying whatever they'd decide. That last Xeno cliffhanger was completely unnecessary, everybody knows that producing a sequel would take years and it's not like our anticipation to see the next part of the story would get it funded or something. Then the actual sequel could easily start with the scene where it's shown that there's a Xeno on Amanda's ship in a true Alien fashion. Nothing would be lost and they don't risk not finishing the story by having the sequel cancelled.

Red Bones posted:

I appreciated that they took a style of game (walkin and talkin and doin QTEs) that's been criticised in the past and actually made a really satisfying game out of it. I think it's because mostly those games are made by David Cage and are sold as like, compelling stories that you can choose the outcome to, and they never really end up being either of those things. Until Dawn accomplishes the story it set out to tell really well, and it establishes from the outset that the thing you can influence in this story is who lives and who dies, and it follows through on that promise completely.
Yeah, the game delivers what it presents to the player at the start and while it stays a simple slasher from start to finish - it actually lets you influence outcomes/relationships in a more meaningful way than what David Cage games promise to. It helps that the game stays honest about what it is so you don't get slapstick chase scenes in your supposedly serious drama just because the pacing needs a button pressing segment or something.

ImpAtom
May 24, 2007

Golden Goat posted:

People seem angry about it but it looks like goofy fun from some of these videos.

Why are people angry about it anyway? I can't seem to find an actual answer.

Golden Goat
Aug 2, 2012

ImpAtom posted:

Why are people angry about it anyway? I can't seem to find an actual answer.

Development delays annoyed people.

Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

ImpAtom posted:

... well, for one, copyleft literally involves giving up some but not all rights. That's part of the point of it? It also explicitly involves giving up a fair bit of control which is something Nintendo has little reason to do. Almost all those legal systems are intended for mass distribution for education or other purposes. Nintendo could probably find a way if they really wanted to but the number of ways it can backfire are through the roof.

Yes, again, copyleft is the far extreme. You can do something much less extreme. It was just one example. Point is there's a whole bevy of legal options to an IP holder on how to respond.

FactsAreUseless
Feb 16, 2011

Nintendo haven't issued any sort of C&D or DMCA notice to the AM2R people, that was a hoax. Just an FYI for all the amateur lawyers.

ImpAtom
May 24, 2007

Golden Goat posted:

Development delays annoyed people.

Oh, so it's more of a "this took too long for what it is" thing and not a "the game is literally poo poo from a butt" thing?

axelblaze
Oct 18, 2006

Congratulations The One Concern!!!

You're addicted to Ivory!!

and...oh my...could you please...
oh my...

Grimey Drawer
NMS doesn't really appeal to me but people seem to be oddly mad about it. It's like people remember how frustrated they were with Spore and how much fun it was to make fun of Star Citizen and because NMS has elements of both their just bringing all of that to their discussion of it. There's also the thing where people seem to think it shouldn't be $60 because it was made by a small team which confuses me.

Stux
Nov 17, 2006

ImpAtom posted:

Why are people angry about it anyway? I can't seem to find an actual answer.

people projected impososible things onto a game that never claimed to be doing anything other than what it is

Zaphod42
Sep 13, 2012

If there's anything more important than my ego around, I want it caught and shot now.

FactsAreUseless posted:

Nintendo haven't issued any sort of C&D or DMCA notice to the AM2R people, that was a hoax. Just an FYI for all the amateur lawyers.

Yeah, and hopefully they won't given some of their previous comments. Still, they haven't exactly been the nicest to fan works in the past, so you can see why people are paranoid and why the internet is rife for trolling with hoaxes like that.

The lovely part for the fan game people is that they're in this weird limbo space where Nintendo could change their minds at any second. I can't imagine putting in that much work on a project only to find out as you're releasing it or a day or two after that you have to shut the whole thing down. :smith:

Would be great if they could come out and support it, but at the least hopefully they'll just stay quiet and let it slip under the radar like Red vs Blue did.

ImpAtom posted:

Oh, so it's more of a "this took too long for what it is" thing and not a "the game is literally poo poo from a butt" thing?

That and its a space game so lots of people declared it to be the second coming, for whatever weird reason.

There's a lot of Elite and Star Citizen fans who are willing to believe that magic is possible when it comes to space and videogames.

Those people got real upset when it ended up that NMS was just a videogame and not actually the messiah.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!

Golden Goat posted:

That's beautiful acting right there.


It also has the worst puzzles I've ever seen in an adventure game and that's no exaggeration

One part of the game can be made unsolvable if you use a pair of scissors you find on some items in the wrong order, because he throws them away in traditional adventure game fashion after using them on one item but you also need to use them on something else later that doesn't make him throw them away

Golden Goat
Aug 2, 2012

ImpAtom posted:

Oh, so it's more of a "this took too long for what it is" thing and not a "the game is literally poo poo from a butt" thing?

Second group probably exists. Like I don't think "Minecraft in space" really appeals to everybody.

Golden Goat
Aug 2, 2012

corn in the bible posted:

It also has the worst puzzles I've ever seen in an adventure game and that's no exaggeration

One part of the game can be made unsolvable if you use a pair of scissors you find on some items in the wrong order, because he throws them away in traditional adventure game fashion after using them on one item but you also need to use them on something else later that doesn't make him throw them away

I was actually curious if it's worth a playthrough. I kinda like really goofy bad adventure games.

But that sounds pretty awful.

axelblaze
Oct 18, 2006

Congratulations The One Concern!!!

You're addicted to Ivory!!

and...oh my...could you please...
oh my...

Grimey Drawer

Zaphod42 posted:

The lovely part for the fan game people is that they're in this weird limbo space where Nintendo could change their minds at any second. I can't imagine putting in that much work on a project only to find out as you're releasing it or a day or two after that you have to shut the whole thing down. :smith:

To be fair, I can't imagine putting in this much work into a project and not even looking into how legal it even is to be making it in the first place. It's not like this isn't a limbo they very knowingly put themselves into.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!
Also it implements the system where you can't leave an area without grabbing everything in it, except only sometimes, so its possible to be locked into an area because he won't leave because theres items in a safe you can't open since you missed something earlier, and you can't leave to go get it because you haven't opened the safe, so.......???

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Palpek
Dec 27, 2008


Do you feel it, Zach?
My coffee warned me about it.


corn in the bible posted:

It also has the worst puzzles I've ever seen in an adventure game and that's no exaggeration

One part of the game can be made unsolvable if you use a pair of scissors you find on some items in the wrong order, because he throws them away in traditional adventure game fashion after using them on one item but you also need to use them on something else later that doesn't make him throw them away
Do you at least get a game over screen or something or do you need to figure out that the game is unsolvable on your own?

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