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Question On legal things

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npt
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Re: Question On legal things

Post by npt » Wed Feb 16, 2011 4:10 am

Wololo wrote:
(|EcLiPsE|) wrote:
So my only option is to change the homebrew name?
Yes. Just be original
There you go, that is the whole point... just be original. If you like a game ane make a game in the same genre, use all your own stuff and you are good! : )

:ugeek:
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Yamagushi
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Re: Question On legal things

Post by Yamagushi » Wed Feb 16, 2011 5:31 pm

(|EcLiPsE|) wrote:I have a question too: If i want to make a game that's have the name of an android game(the game is free, the lite version of it), and i say at credits "many thanks to the company <name of the company>for the original game" its legally?
Thats very very illegal. Don't listen to kidz axe. And no changing the name alone wont make that ok.
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(|EcLiPsE|)
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Re: Question On legal things

Post by (|EcLiPsE|) » Wed Feb 16, 2011 6:07 pm

Yamagushi wrote:
(|EcLiPsE|) wrote:I have a question too: If i want to make a game that's have the name of an android game(the game is free, the lite version of it), and i say at credits "many thanks to the company <name of the company>for the original game" its legally?
Thats very very illegal. Don't listen to kidz axe. And no changing the name alone wont make that ok.
If even wololo says that is ok if i change the game name, i must trust him.

Yamagushi
Posts: 24
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Re: Question On legal things

Post by Yamagushi » Wed Feb 16, 2011 11:54 pm

I assure you that's not what he meant. If you make an exact copy of an android game and just change the name, you will get sued.

wololo
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Re: Question On legal things

Post by wololo » Thu Feb 17, 2011 12:29 am

Oh yes, don't get me wrong, you only mentioned the name, not the content.
If you reproduce an existing game, steal their graphics, sounds, etc... this is not legal, even if you use a different name.
If you need US PSN Codes, this technique is what I recommend.

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(|EcLiPsE|)
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Re: Question On legal things

Post by (|EcLiPsE|) » Thu Feb 17, 2011 2:10 pm

Wololo wrote:Oh yes, don't get me wrong, you only mentioned the name, not the content.
If you reproduce an existing game, steal their graphics, sounds, etc... this is not legal, even if you use a different name.
My game is based in the same idea like the original but i use my own graphics (made by me) and sound, nothing i steal from the original game

SifJar
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Joined: Tue Jan 11, 2011 10:19 pm

Re: Question On legal things

Post by SifJar » Fri Feb 18, 2011 4:34 pm

Then it is legal. There is nothing to stop you basing a game on the same concept as one that already exists, if there was we would have very few games in the world, lets face it, most copy others in at least a couple of ways :P

Strangelove
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Re: Question On legal things

Post by Strangelove » Tue Apr 12, 2011 12:38 am

Noticed the pre-release of Square Force looked very promising. I'm about to test it out.

Anyways... I noticed it seems to use music from one of the Final Fantasy games which is an IP of SquareEnix.

I bet most of the contestants aren't multi-talented DaVincis, so I get the need to "borrow" from others.

Personally I solved the issue by separating any media that wasn't my own to a optional download which my compo entry would work fine without. Now my entry was just a simple application, but if you're trying to make a full-fledged game it's VERY HARD to succeed without borrowing media to some degree.

I try to look for "public domain" or "freeware" versions of MP3s, Fonts and images, but it may not always be easy to find something suitable.

I want to make two suggestions:

1) Make a thread for resources that can be used legally. I can suggest some nice places for freeware MP3 for instance.

2) Allow and define "fair use" for the contest. Some degree of borrowing should be allowed out of necessity, and "fair use" is a term defined legally. Since most if not all entries are non-commercial I don't foresee any problems with this. The contest will also have to protect itself so it will have to set some boundaries. I propose that copyrighted commercial media is not allowed, but that copyrighted freeware media is allowed. public domain is fine in any case obviously. a big question is if fair use should extend to media with an unclear licensing, I'm basically talking about media which looks non-commercial or where it's doubtful anyone would have a commercial interrest in it. it might also be interesting to limit the amount of "borrowed" media used, since an entry should be as original as possible.

Edit: Ok, tested out the game now. I see the music in question was remixes, which means they're freeware. But even freeware means the author still has copyrights. As I said earlier, I don't see a problem with using freeware in a non-profit game.
"If you have specific questions ... don't hesitate to ask as the more generic the question is the more philosophic the answer will be" - PSPWizard

wololo
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Re: Question On legal things

Post by wololo » Tue Apr 12, 2011 4:38 am

Strangelove wrote:1) Make a thread for resources that can be used legally. I can suggest some nice places for freeware MP3 for instance.
This is a nice idea, feel free to create it
2) Allow and define "fair use" for the contest. Some degree of borrowing should be allowed out of necessity, and "fair use" is a term defined legally. Since most if not all entries are non-commercial I don't foresee any problems with this.
The way we defined it in the contest is the following:
Do not submit illegal content! In particular, it is your responsibility to make sure that you have the necessary authorization to distribute the graphics, musics, etc... included in your homebrew. We don't have the manpower to do this verification ourselves.
This is a way to be vague enough that contestants have some flexibility, but precise enough so that the judges or the sponsors are not responsible for people's choice.
That being said, when we see obvious IP infringement, we can't accept the homebrew.
Personally I solved the issue by separating any media that wasn't my own to a optional download which my compo entry would work fine without. Now my entry was just a simple application, but if you're trying to make a full-fledged game it's VERY HARD to succeed without borrowing media to some degree.
I can completely relate to that, and I think making the homebrew flexible enough that it doesn't rely on the infringing media to run is a very good way to do this kind of thing.
If you need US PSN Codes, this technique is what I recommend.

Looking for guest bloggers and news hunters here at wololo.net, PM me!

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