Copyright violations - the big and dangerous weapon

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Wohlstand M
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Post #1by Wohlstand » 5 Aug 2014, 20:15

Hi everyone, I have some major news to share in relation to this project's progress.

I paid a visit to some lawyers today, and received some suggestions on protecting our project's legitimacy.
Like in a lot of cases, using copyright content is a risk, our case is no exception. We currently are seemingly in the safe zone, but I plan to do some reorganization to address some of the holes before our first release. This should (hopefully) ensure that we will be just fine.

1) I plan to remove any Nintendo like graphics from the site's design, and replace them with other graphics. Either preferably under an open license like the CC, (Creative Commons) or I'll draw them myself.
2) The main forum theme is planned to receive an overhaul, including the replacement of any copyright forum icons to my own custom icons. All Mario styled icons will be saved in the "SMBX section specific style".
3) It's necessary that we have a non-copyright graphic pack for replacing SMBX's content without any issues before the release. I plan to use Talkhaus's content pack for our first few projects. But even they don't have all the copyright graphics replaced, which means it will be necessary for us to replace them.
4) My own OPL3 Chip SFX pack could be the first default sound pack for the first few games based on our engine.
5) Users creating their game projects with our engine must use their own originally made content or ensure it's licensed under something like the Creative Commons, I.e. users should be free to use anything, from the music & sounds, to the graphics.
6) We should put SMBX's graphics pack on the SMBX community site and must not have them on the our server.
7) When this project begins to finally pick up more popularity, I'll have to change the SMBX forum section to private, which will be visible only to special group members, like "Mario fan" and others.

I would like to once again make my point clear, that it's very important to not have any copyright content in this project.
Please understand this, as we clearly don't want to repeat Redigit's mistake

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Post #2by Veudekato » 5 Aug 2014, 20:34

and i must make videos without smbx graphics...?
My channel (PlatGEnWohl news and tutorials , smbx tests):
http://www.youtube.com/channel/UC6h-42umT14iR1wa3VkOs3Q

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Post #3by tb1024 » 5 Aug 2014, 21:51

No Veudekato, that's not something you must care about. Unless you are earning money from that using ads.


Nintendo killed Redigit mostly because he was doing brand parasitism and attracting consumers (especially kids). Especially, Wohlstand, AVOID KIDS AND BRAND PARASITISM OR ELSE NINTENDO WILL SHUTDOWN US!
By the way, maybe I can draw some stuff for you (or use Prosilver/Subsilver).
Do you want fries with that?
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Mal posso esperar para a versão final da engine de Wolhstand!
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I can't wait for Wohlstand's Engine final version :D

Wohlstand M
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Post #4by Wohlstand » 5 Aug 2014, 22:09

tb1024, I will never get money from copyright content, because it is not my own, and I haven't rights for use them. Our project founded for fun, for freedom, for entertainment, but never for copyright violations and never for commercial.

If I wanna make money with something, I will do them with other project, which will create a commercial specific. I sell only my work, but not a content.
Example from life: the Hedgewars developers will have own jobs and when returns to the home, doing a coding of the game.
The project is a clone of the Worms, but they got two sues from Team14, but Hedgewars wins, because they made all correctly and haven't copyrights.

And, how you see, I forbade any ads and any commercial of my content. When I will publish my own contents, I will use the non-commercial Creative Common license.

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Post #5by tb1024 » 5 Aug 2014, 22:29

Yes, I know you're not as crazy as Redigit to do that. However, be careful to don't attract Nintendo's precious kids. That's one of the main reason Nintendo threatened Redigit.
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Mal posso esperar para a versão final da engine de Wolhstand!
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I can't wait for Wohlstand's Engine final version :D

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Post #6by Luigifan2010 » 5 Aug 2014, 22:42

I thought as long as projects were free/not ad supported or open source Nintendo didn't care?

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Post #7by Wohlstand » 6 Aug 2014, 0:52

Luigifan2010 wrote:I thought as long as projects were free/not ad supported or open source Nintendo didn't care?
Any using copyright content without permissions is illegal by any purposes. But you can watched only if you have >8000 people per day on your site, and if you will made some copyright violation, the copyright owner will know about them. But if you have 200~300 people per day, you are not interests for a copyright owners. Even 1000 is few for by watched by a copyright owners. But even in such situation there is a risk.

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Post #8by CaptainSwag101 » 7 Aug 2014, 3:55

But at the same time, the law of Transformative Use states that taking copyrighted content and using it to create something new and original does not qualify as copyright infringement.
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Post #9by tb1024 » 7 Aug 2014, 4:05

United States copyright law ≠ Russia copyright law.
You are stating about a US law, but this can be Russian server, so US Law isn't valid and that law can be different or even nonexistent.
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Mal posso esperar para a versão final da engine de Wolhstand!
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I can't wait for Wohlstand's Engine final version :D

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Post #10by Sambo » 7 Aug 2014, 5:15

Wohlstand wrote:5) Users which creating the game projects must use only own created or Creative Common, I.e. free for use by anything, musics, sounds and graphics.
Does this include ALL projects, or just the ones included with the engine on release?
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Current Project:
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Post #11by Veudekato » 7 Aug 2014, 11:11

i think and included with the engine on release and other. but not in this site if he have nintendo content
My channel (PlatGEnWohl news and tutorials , smbx tests):
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Wohlstand M
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Post #12by Wohlstand » 7 Aug 2014, 13:23

Sambo wrote:Does this include ALL projects, or just the ones included with the engine on release?
Which will be published on my server and with engine on release. If you used the copyright matherials with my engine and published on the other server, only you will have responsibility. Before engine release, I will remove any copyright matherials from my server and move to the Joey's or to other server which will be as SMBX/PGE project official site. If SMBX will be kicked by Nintendo again, our engine will be live, even without SMBX's content.

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Post #13by Alucard » 7 Aug 2014, 19:31

Ok, You think, that using any material, that is even remotely looking like copyrighted ones (down to last tile and sound effect) can instantly lead to massive takedown by copyright holders, like Nintendo? If it`s true, why things, like Mario FanGames Galaxy(hosts Mario fangames), SmwCentral (has Super Mario World ROM Hacks and resources to create them), Zelda Classic (A freeware, but closed source, engine for Zelda-styled Action Adventure games. His download even bundles with carbon copy of original Zelda 1 game.), not to mention the massive copyright voilators, like Mushroom Kingdom Fusion and his sister projects, are still live and healthly? All it takes is one properly written Cease and Desist letter to devastate each of these communities with no proper way to fight back. Those communities look nothing more like giant bubbles hidden in bunkers in the eyes of Nintendo

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Post #14by tb1024 » 7 Aug 2014, 21:36

Alucard wrote:Ok, You think, that using any material, that is even remotely looking like copyrighted ones (down to last tile and sound effect) can instantly lead to massive takedown by copyright holders, like Nintendo? If it`s true, why things, like Mario FanGames Galaxy(hosts Mario fangames), SmwCentral (has Super Mario World ROM Hacks and resources to create them), Zelda Classic (A freeware, but closed source, engine for Zelda-styled Action Adventure games. His download even bundles with carbon copy of original Zelda 1 game.), not to mention the massive copyright voilators, like Mushroom Kingdom Fusion and his sister projects, are still live and healthly? All it takes is one properly written Cease and Desist letter to devastate each of these communities with no proper way to fight back. Those communities look nothing more like giant bubbles hidden in bunkers in the eyes of Nintendo.
Considering what you said, what bothered Nintendo most was the fact Redigit was both parasitising brands and stealing "consumers" (attracting kids), not the copyright infringement.
Do you want fries with that?
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Mal posso esperar para a versão final da engine de Wolhstand!
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I can't wait for Wohlstand's Engine final version :D

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Post #15by nexiana » 9 Aug 2014, 13:38

Alucard wrote:Ok, You think, that using any material, that is even remotely looking like copyrighted ones (down to last tile and sound effect) can instantly lead to massive takedown by copyright holders, like Nintendo? If it`s true, why things, like Mario FanGames Galaxy(hosts Mario fangames), SmwCentral (has Super Mario World ROM Hacks and resources to create them), Zelda Classic (A freeware, but closed source, engine for Zelda-styled Action Adventure games. His download even bundles with carbon copy of original Zelda 1 game.), not to mention the massive copyright voilators, like Mushroom Kingdom Fusion and his sister projects, are still live and healthly? All it takes is one properly written Cease and Desist letter to devastate each of these communities with no proper way to fight back. Those communities look nothing more like giant bubbles hidden in bunkers in the eyes of Nintendo

The goal isn't only to be out of Nintendo's so called "reach", or give them a chance to claim that we're doing copyright infringement. But it's also to be a legitimately "free" open source project. This isn't 'just another mario fan-game' project, it's an open source platformer engine project (and not restricted to mario only). Remember that this project is licensed under the GPLv3 License, and that we obviously have to somewhat strictly conform to certain things.

On a side note, in my personal opinion we should be able to comply with things like the "Debian Free Software Guidelines"

So to say the least, there's some major things that are different about this project in comparison to the sites/fangames you referred to as examples. Besides, unlike them, after the changes Wohlstand makes, we shouldn't be in any danger of being shut down if Nintendo decides to take any action.

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Post #16by Mikepjr » 9 Aug 2014, 14:52

I am volunteering to make custom graphics!!!!
They would be similar in style, but very different in exicution.
I offered many times before to work on some stuff for this project.. so far no one has said "yes please go for it!"
But if you guys want it, i am going to start with some custom graphics for the players themselves.
My "super kid" graphics might be good for mario....
Just need ideas for replacements of the other guys.
Oh yeah i was thinking i would replace link with a proper looking knight in armor type sprite.
SO yeah, just let me know, and i will get to work ASAP.
Some examples of graphics i made.

Image
Door i made.. similar in style to SMB2... but different in execution.

Image
Bushes... again similar to SMB3 bushes but very different in execution.

Image
Meant for a cave.. but who knows.. could be other things.
Bottom line, i can get to work on some things.. just give the word.

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Post #17by Wohlstand » 9 Aug 2014, 15:18

Mikepjr wrote:I am volunteering to make custom graphics!!!!
They would be similar in style, but very different in exicution.
I offered many times before to work on some stuff for this project.. so far no one has said "yes please go for it!"
But if you guys want it, i am going to start with some custom graphics for the players themselves.
My "super kid" graphics might be good for mario....
Just need ideas for replacements of the other guys.
Oh yeah i was thinking i would replace link with a proper looking knight in armor type sprite.
SO yeah, just let me know, and i will get to work ASAP.
Oh, great! I can really say, yes, go for it ;-)
Also, all SMBX's staff graphics available in GIF with masks and in the transparent PNG fornats here: http://wohlsoft.ru/docs.php
I will start to make the PNG2GIFs utility for speedy converting of the graphics into SMBX format. This utility planned, but not created yet. It will powerful for implemention. And you can make the sprites in the PNG format first and convert them into SMBX format by new utility. Don't forget, the new PGE configs will use the PNG format for graphics. GIFs need only for SMBX compatibility.

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Post #18by Mikepjr » 9 Aug 2014, 17:57

Great, i took it upon myself to make a thread in the Art section, it showcases some of the things i have so far, and i even invite people to post their own creations to replace stuff.. or just give their own ideas.

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Post #19by Wohlstand » 9 Aug 2014, 18:12

Mikepjr wrote:Great, i took it upon myself to make a thread in the Art section, it showcases some of the things i have so far, and i even invite people to post their own creations to replace stuff.. or just give their own ideas.
Also, you can license your graphics under CC license http://creativecommons.org/choose/, is not recommended public content without licenses.

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Post #20by Mikepjr » 9 Aug 2014, 19:18

Wish i could wrap my head around this thing, i don't get any of what it's asking for.. it's all lawyer speak... it's not in simple english. It's in complex english.


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