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Did I do it right?
KiddoCabbusses Offline
Head Director

Posts: 260
Joined: Sep 2011
Post: #1
Did I do it right?
If I must admit, this is the first time I had to fiddle with the FTP and database all on my own...

... Anyway, Booth Registration should be open! I will update the page with the layout theme as soon as it is available.

WARNING: New rules are in place!

Because of concerns over the possibility of DMCA takedowns being enforced here, I have prepared new rules which should hopefully curb the possibility of such a notch.



If you have any further questions about these rules, please contact me using NCFC PMs.



[Click the "read more" button to see the rules. The numbered list breaks here.]


  1. If there is reason to believe your project is at risk of a DMCA takedown, an externally-hosted booth is now mandatory.
  2. If you attempt to make a booth with a high-risk project on the NCFC booth maker, it make be rejected and removed.
  3. The definition of "a project at risk of a DMCA" is admitably subjective. Therefore, it is recommended to research fangame projects that have had DMCA takedowns prior if you have a concern here. Such projects include AM2R, Pokemon Uranium, and Ocarina of Time 2D, off the top of my head.
  4. Also, as a precautionary measure, please do not promote NCFC itself to sites which may cause the risk of DMCAs to increase, including official Nintendo sites and major game journalism sites.
  5. Videos of projects at a high risk of DMCA takedowns will not be posted on the NCFC YouTube channel. Also, if you use the NCFC livestreaming services to promote such a game, please let an administrator know in advance, because YouTube streaming will be disabled at that point. (Twitch and Hitbox streams will not be affected.)
(This post was last modified: 08-27-2016 03:52 AM by KiddoCabbusses.)
08-27-2016 03:49 AM
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onpon4 Offline
Member

Posts: 98
Joined: Oct 2011
Post: #2
RE: Did I do it right?
I got an error trying to upload a preview image ("There was a problem moving the uploaded game image"). It was accompanied by a couple of warnings:

Quote:Warning: move_uploaded_file(uploads/booths/screenshot25-mini.png): failed to open stream: No such file or directory in /var/www/vhosts/nintendocfc.com/httpdocs/includes/lib/newbooth.inc.php on line 253
Warning: move_uploaded_file(): Unable to move '/tmp/phpTYu9eJ' to 'uploads/booths/screenshot25-mini.png' in /var/www/vhosts/nintendocfc.com/httpdocs/includes/lib/newbooth.inc.php on line 253

EDIT: And the same thing happened when I tried to upload screenshots...

My website: https://onpon4.github.io

[Image: 590167.png]
(This post was last modified: 08-27-2016 07:42 AM by onpon4.)
08-27-2016 07:26 AM
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KiddoCabbusses Offline
Head Director

Posts: 260
Joined: Sep 2011
Post: #3
RE: Did I do it right?
I will look into that ASAP. It seems another user managed to upload a preview game image. I wonder what is going on here?

Please check again as soon as possible.
08-27-2016 11:02 AM
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onpon4 Offline
Member

Posts: 98
Joined: Oct 2011
Post: #4
RE: Did I do it right?
It might be that entering a URL works while uploading doesn't?

My website: https://onpon4.github.io

[Image: 590167.png]
08-27-2016 11:06 AM
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KiddoCabbusses Offline
Head Director

Posts: 260
Joined: Sep 2011
Post: #5
RE: Did I do it right?
I would presume it's an issue caused in my attempt to get registration open. I am attempting to fix it.
08-27-2016 11:14 AM
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Syaxamaphone Offline
Member

Posts: 8
Joined: Jul 2015
Post: #6
RE: Did I do it right?
The php file in charge of uploading the image is giving you an error. It looks like it might be an incorrect url, but I'm, not 100% sure.

[Image: A1BH1oG.png]
08-27-2016 01:14 PM
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PJCLink Offline
Member

Posts: 49
Joined: Aug 2011
Post: #7
RE: Did I do it right?
Kiddo, do you think my fan games, Time Crystal and Netherforce Shards should be fine? I always make sure Nintendo is given credit, that my fan concepts are original, not a copy of an already existing game, and that there is no money involved. So I don't think my fan games are risk, especially since they haven't been in the past. Also, my fan games are usually made with Zelda Classic. And Zelda Classic hasn't been DMCA'd yet, and hopefully not ever.

I plan on showing off what's new for just Netherforce Shards this year as Time Crystal is still in heavy development. I'm looking at December 2016 release or 2017 release of Netherforce Shards and a 2018 or 2019 release for Time Crystal.

So is it okay if I just do what would normally do with fan games this year for NCFC, but just be a bit extra cautious and careful about it? I'm curious and concerned cause I want to be able to show more of Netherforce Shards soon. The concept of the fan game and the fan game itself is looking much cooler than before!

New Zelda trailer: coming soon!

My booth: coming soon!
08-27-2016 09:43 PM
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onpon4 Offline
Member

Posts: 98
Joined: Oct 2011
Post: #8
RE: Did I do it right?
Quote:I always make sure Nintendo is given credit
That's not one of the things to watch out for. On the contrary, you should make sure it is absolutely clear that Nintendo has no involvement in the game. If you show Nintendo's trademarks in a way that could confuse people into thinking that it's an official Nintendo thing, and don't include a prominent disclaimer that this isn't the case, that's trademark infringement.

My website: https://onpon4.github.io

[Image: 590167.png]
(This post was last modified: 08-27-2016 10:53 PM by onpon4.)
08-27-2016 10:53 PM
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PJCLink Offline
Member

Posts: 49
Joined: Aug 2011
Post: #9
RE: Did I do it right?
(08-27-2016 10:53 PM)onpon4 Wrote:  
Quote:I always make sure Nintendo is given credit
That's not one of the things to watch out for. On the contrary, you should make sure it is absolutely clear that Nintendo has no involvement in the game. If you show Nintendo's trademarks in a way that could confuse people into thinking that it's an official Nintendo thing, and don't include a prominent disclaimer that this isn't the case, that's trademark infringement.

How is a disclaimer a trademark infringement?! Tell me! How? And Nintendo has no involvement in my fan games. But they do own the rights to the franchise! Which is why I have to make sure that people know that the franchise itself isn't mine, it's Nintendo's. But the fan concepts of my fan games are mine. So Nintendo needs to be to be credited for their hard work of creating such an awesome franchise as The Legend of Zelda.

So you're basically saying that I should just do the exact thing that will set Nintendo off and DMCA my fan games, by claiming copyright? Yeah, I don't think so! If I did things by your way, I'd get in trouble. Big time! Heck, like I said, I've been following by my methods for awhile now, and I have not into any trouble. Why?

1) I don't claim anything that isn't mine, like the franchise itself, the official Zelda characters, like Link, Zelda, or Ganon. I always disclaim all of that by giving credit to Nintendo.

2) I don't involve money in any kind of way!

3) My fan concepts are always original! I don't make copies of games like say Ocarina of Time, Majora's Mask, or Skyward Sword, games that already exist!

Watch my videos on youtube. Not the old ones! The more recent ones! And read the video descriptions of all three videos! Here's a link to one of my playlists of my videos:

My videos

Please tell me how what I put in the video descriptions of my three Zelda fan videos is infringing the trademark! Seriously, what you said makes no sense!

Edit: Come to think of it. I think you may have just misunderstood what I was talking about when mentioned giving Nintendo credit and took it the wrong way. Yeah, never jump to conclusions like that! Doing so can cause problems! I learned that the hard way!

New Zelda trailer: coming soon!

My booth: coming soon!
(This post was last modified: 08-28-2016 12:29 AM by PJCLink.)
08-28-2016 12:21 AM
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onpon4 Offline
Member

Posts: 98
Joined: Oct 2011
Post: #10
RE: Did I do it right?
Quote:Edit: Come to think of it. I think you may have just misunderstood what I was talking about when mentioned giving Nintendo credit and took it the wrong way. Yeah, never jump to conclusions like that! Doing so can cause problems! I learned that the hard way!
Yeah, you did misunderstand. ;) Allow me to clarify.

I don't know if you are one of them, but some fangame authors think that they're doing Nintendo some kind of favor by plastering their logo on the front of their game, or otherwise making it look like Nintendo is responsible for the game. This is trademark infringement, as is anything that might confuse people into thinking that Nintendo is somehow involved in the fangame, unless you include a prominent disclaimer saying that Nintendo is not affiliated with the game in any way and does not endorse it in any way.

Quote:But they do own the rights to the franchise! Which is why I have to make sure that people know that the franchise itself isn't mine, it's Nintendo's.
This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.

Quote:Nintendo needs to be to be credited for their hard work of creating such an awesome franchise as The Legend of Zelda.
I would also like to point out: Nintendo is a corporation, not a person, and it was people working for Nintendo who were responsible for the actual work. So morally, it's not Nintendo who deserves credit for Super Mario Bros, but the people who actually worked on it. I honestly couldn't tell you who those people are, for the most part.

Quote:So you're basically saying that I should just do the exact thing that will set Nintendo off and DMCA my fan games, by claiming copyright?
For the record, you do hold copyright on any parts of the fangame you authored (i.e. most of it), unless you explicitly dedicated it to the public domain. Copyright is automatic.

DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.

If anything, the pattern of games that were taken down by Nintendo is games that:

1. Are very similar to (if not outright direct clones of) official Nintendo games (this is pretty blatantly copyright infringement, as it is not transformative and therefore is not likely to be considered fair use); or

2. Use Nintendo trademarks in a way that suggests that Nintendo is somehow affiliated with the project.

AM2R is an example of #1 (direct clone of Metroid II), and SMBX is an example of #2 (used the "supermariobros.org" domain).

Quote:3) My fan concepts are always original! I don't make copies of games like say Ocarina of Time, Majora's Mask, or Skyward Sword, games that already exist!
This is definitely one of the things you should do; it gives you a fair use defense that I think would have a really good chance of holding up in court. I go further by including a notice in a readme arguing fair use up-front:

Kitten Command README Wrote:COPYRIGHT AND FAIR USE NOTICE

This game makes use of certain copyrighted works without the permission
of their copyright holders. These are small components of Super Mario
Bros 3, Super Mario Bros, the Japanese Super Mario Bros 2, and the NES
port of Contra; as well as the Mario Techno Remix by Paul Soh. More
details about these works can be found in data/LICENSES.

United States copyright law includes the doctrine of "fair use", which
allows use of copyrighted works without permission of the copyright
holders. See 17 U.S.C. § 107 for details. Unfortunately, fangames have
not been specifically tested in court, but it is my firm belief that my
use of these copyrighted works is fair use, based on the following
points:

1. Kitten Command is distributed entirely non-commercially. To be
perfectly clear, this is not a primary foundation for my claim of
fair use. I believe the use would still be fair use if it was
commercial. Nonetheless, the fact that the use is non-commercial is
worth mentioning.

2. The purpose of Kitten Command, as a whole, is entirely different from
the purposes of the copyrighted works being used. Put another way,
the use is transformative. As a result, the use does not diminish the
potential market for or value of any of the copyrighted works used in
any way. Kitten Command is not a replacement for any of these works.

3. Only the portions of the copyrighted works needed for Kitten Command
are included in this distribution. The total amount of Super Mario
Bros 3, Super Mario Bros, the Japanese Super Mario Bros 2, and the
NES port of Contra used is small compared to the whole of the
respective works.

4. The copyrighted works used are only small portions of Kitten Command
as a whole.

Anyone wishing to redistribute Kitten Command has my permission to do
so; you will find that all of my work is released under libre licenses.
However, if you live outside of the United States, please check up on
the laws of your country regarding things like fair use and/or fair
dealing, as different jurisdictions have different rules regarding this.

My website: https://onpon4.github.io

[Image: 590167.png]
(This post was last modified: 08-28-2016 07:31 AM by onpon4.)
08-28-2016 07:30 AM
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PJCLink Offline
Member

Posts: 49
Joined: Aug 2011
Post: #11
RE: Did I do it right?
(08-28-2016 07:30 AM)onpon4 Wrote:  
Quote:Edit: Come to think of it. I think you may have just misunderstood what I was talking about when mentioned giving Nintendo credit and took it the wrong way. Yeah, never jump to conclusions like that! Doing so can cause problems! I learned that the hard way!
Yeah, you did misunderstand. ;) Allow me to clarify.

I don't know if you are one of them, but some fangame authors think that they're doing Nintendo some kind of favor by plastering their logo on the front of their game, or otherwise making it look like Nintendo is responsible for the game. This is trademark infringement, as is anything that might confuse people into thinking that Nintendo is somehow involved in the fangame, unless you include a prominent disclaimer saying that Nintendo is not affiliated with the game in any way and does not endorse it in any way.

Quote:But they do own the rights to the franchise! Which is why I have to make sure that people know that the franchise itself isn't mine, it's Nintendo's.
This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.

Quote:Nintendo needs to be to be credited for their hard work of creating such an awesome franchise as The Legend of Zelda.
I would also like to point out: Nintendo is a corporation, not a person, and it was people working for Nintendo who were responsible for the actual work. So morally, it's not Nintendo who deserves credit for Super Mario Bros, but the people who actually worked on it. I honestly couldn't tell you who those people are, for the most part.

Quote:So you're basically saying that I should just do the exact thing that will set Nintendo off and DMCA my fan games, by claiming copyright?
For the record, you do hold copyright on any parts of the fangame you authored (i.e. most of it), unless you explicitly dedicated it to the public domain. Copyright is automatic.

DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.

If anything, the pattern of games that were taken down by Nintendo is games that:

1. Are very similar to (if not outright direct clones of) official Nintendo games (this is pretty blatantly copyright infringement, as it is not transformative and therefore is not likely to be considered fair use); or

2. Use Nintendo trademarks in a way that suggests that Nintendo is somehow affiliated with the project.

AM2R is an example of #1 (direct clone of Metroid II), and SMBX is an example of #2 (used the "supermariobros.org" domain).

Quote:3) My fan concepts are always original! I don't make copies of games like say Ocarina of Time, Majora's Mask, or Skyward Sword, games that already exist!
This is definitely one of the things you should do; it gives you a fair use defense that I think would have a really good chance of holding up in court. I go further by including a notice in a readme arguing fair use up-front:

Kitten Command README Wrote:COPYRIGHT AND FAIR USE NOTICE

This game makes use of certain copyrighted works without the permission
of their copyright holders. These are small components of Super Mario
Bros 3, Super Mario Bros, the Japanese Super Mario Bros 2, and the NES
port of Contra; as well as the Mario Techno Remix by Paul Soh. More
details about these works can be found in data/LICENSES.

United States copyright law includes the doctrine of "fair use", which
allows use of copyrighted works without permission of the copyright
holders. See 17 U.S.C. § 107 for details. Unfortunately, fangames have
not been specifically tested in court, but it is my firm belief that my
use of these copyrighted works is fair use, based on the following
points:

1. Kitten Command is distributed entirely non-commercially. To be
perfectly clear, this is not a primary foundation for my claim of
fair use. I believe the use would still be fair use if it was
commercial. Nonetheless, the fact that the use is non-commercial is
worth mentioning.

2. The purpose of Kitten Command, as a whole, is entirely different from
the purposes of the copyrighted works being used. Put another way,
the use is transformative. As a result, the use does not diminish the
potential market for or value of any of the copyrighted works used in
any way. Kitten Command is not a replacement for any of these works.

3. Only the portions of the copyrighted works needed for Kitten Command
are included in this distribution. The total amount of Super Mario
Bros 3, Super Mario Bros, the Japanese Super Mario Bros 2, and the
NES port of Contra used is small compared to the whole of the
respective works.

4. The copyrighted works used are only small portions of Kitten Command
as a whole.

Anyone wishing to redistribute Kitten Command has my permission to do
so; you will find that all of my work is released under libre licenses.
However, if you live outside of the United States, please check up on
the laws of your country regarding things like fair use and/or fair
dealing, as different jurisdictions have different rules regarding this.

I have NO intention of using Nintendo's logo or trademark! I only just want people to know that Zelda as franchise isn't mine! Only the fan concepts are mine!

Also, I'm NOT going to put a whole long copyright and fair use thing on my videos pages, threads, and sites (maybe in a readme file though, but not anywhere else)! There is nothing wrong with:

Quote:All Zelda Characters, names, etc are property of Nintendo.

This Game is fan-made, NOT official and will be for NO charge. I am working hard to make this game for free. Then I will upload it and you will be able to download it for FREE! No money involved, so this should not infringe copyright.

It has worked for me in the past. So I'll will continue going with this! It's short and easy for me to put in my videos, page, threads, and sites, and for people to read!

I don't think you understand how important it the actual owners of the franchise get credit! Otherwise, without credit to the owners of the franchise, those owners will see that content, and if they don't see their company name in the credits or copyright disclaimer, they will not be happy, and they'll shut down the game!

Quote:DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.

[facepalms] Yes it does! It's called COPYRIGHT RIGHT INFRINGEMENT for a reason! If you claim someone else's work, that IS COPYRIGHT INFRINGEMENT!

Copyright Infringement is like say I came with a franchise with a lot of fans. You decide to make a fan project based on my franchise, but claim it as your own. I could sue you for copyright infringement! That is copyright infringement!

That's why, you have to credit the owners of the franchise in order to successfully put a fan project based on such franchise. Otherwise, you get copyright strikes or worse, sued!

I talked to my 34 year old brother, who took business and law classes in school, and even has some experience in the world of business about this and even he agrees that I'm doing things the right way.

He agreed with me that if I did things your way, I would get copyright strikes, DMCA'd, or sued!

Quote:I don't know if you are one of them, but some fangame authors think that they're doing Nintendo some kind of favor by plastering their logo on the front of their game, or otherwise making it look like Nintendo is responsible for the game.

I'm NOT one of them. I just want people to know who actually owns the franchise! I just want to help Nintendo receive more fans, letting people know that Zelda isn't my franchise, it's Nintendo's, and that they should support the official releases as I said in my video description for my general LoZ: Legend of Zelda trailer:

Quote:The Legend of Zelda franchise is property of Nintendo, please support the official releases.

Again, only the concepts for my fan works are mine. The franchise is Nintendo's! I'm only giving them credit for their hard work on the franchise!

Quote:This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.

This doesn't make any sense at all! Nintendo owns the Zelda franchise! I'm simply just them credit for such! Geez, is it really that hard to understand?

Quote:I would also like to point out: Nintendo is a corporation, not a person, and it was people working for Nintendo who were responsible for the actual work. So morally, it's not Nintendo who deserves credit for Super Mario Bros, but the people who actually worked on it. I honestly couldn't tell you who those people are, for the most part.

I know this. But those people work for Nintendo, which is holder to the rights of all their franchises, not the people themselves. Yes, the people themselves are responsible for creating such franchises as Zelda, Mario, Donkey Kong, Metroid, Kirby, and etc. But those people don't hold the rights on their own. Nintendo, the company they work for does. This means that, even if Miyamoto and/or Aonuma left Nintendo, Nintendo would STILL own Zelda, Mario, Donkey Kong, Metroid, and Starfox! Just like how Konami STILL owns Metal Gear, even though Kojima is no longer with them! This means that since Kojima not a part of Konami anymore and Konami owns his franchise, Konami has the right to sue Kojima if he ever tries to make a Metal Gear game, discrediting (which means to not credit someone or a company) Konami, and trying to make profit.

You see what mean here? Do you see my point? This is why it's important to credit the official owners of the franchise and don't involve money.

Anyways, if you still disagree with me are thinking of still continuing to disrespect me, my beliefs, my ways, and everything, even after reading all this, then just back off and don't talk to me again. I have the right to believe what I want. I choose to believe my ways are right, that's my choice! Not yours! Capiche?

Just like you're entitled to your own belief! If you want follow by ways that could get you DMCA'd in the end! That's your own choice! Not mine! I'm only just trying to help and do what's right! And if disagree with that! That's your choice! Keep disagreeing with me if you want! Just don't shove it into my face with disrespect like you've been doing lately. Trying to tell me what I can or can not do! You're not the boss of me Onpon! So stop acting like you are cause you're not!

New Zelda trailer: coming soon!

My booth: coming soon!
08-28-2016 12:07 PM
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onpon4 Offline
Member

Posts: 98
Joined: Oct 2011
Post: #12
RE: Did I do it right?
PJCLink, I thought at first that your heightened emotion was just due to a misunderstanding, but you still appear to be angry. I think you might be taking what I'm saying a bit too personally. I'm talking generally here and know very little about you.

(08-28-2016 12:07 PM)PJCLink Wrote:  Also, I'm NOT going to put a whole long copyright and fair use thing on my videos pages, threads, and sites (maybe in a readme file though, but not anywhere else)! There is nothing wrong with:

Quote:All Zelda Characters, names, etc are property of Nintendo.

This Game is fan-made, NOT official and will be for NO charge. I am working hard to make this game for free. Then I will upload it and you will be able to download it for FREE! No money involved, so this should not infringe copyright.

Yes, I didn't say there was anything wrong with not including a big fair use disclaimer. I do this voluntarily to make it easier to defend myself from frivolous copyright claims by lawyers that don't understand (or perhaps pretend not to understand) fair use.

What you indicated there has incorrect logic in it (the fair use defense has very little to do with whether or not money is involved; transformativeness is far more important and being non-commercial is not by itself sufficient to render a use "fair"), but it is perfectly fine as a trademark disclaimer (the important part where it says "This Game is fan-made, NOT official").

Quote:It has worked for me in the past.

I don't know why you claim to be an authority on the topic based on the fact that you haven't been DMCA'd or sent a cease-and-desist letter. Most fangame authors, even those who do very stupid things, do not get these things simply because they haven't caught Nintendo's attention.

Quote:I don't think you understand how important it the actual owners of the franchise get credit! Otherwise, without credit to the owners of the franchise, those owners will see that content, and if they don't see their company name in the credits or copyright disclaimer, they will not be happy, and they'll shut down the game!

Nintendo is a profit-driven corporation. It acts in the interest of profits (in fact, is legally required to do so), not "credit". All Nintendo cares about with regard to anything you do (and that includes copyright infringement) is whether or not it might result in less profit for them.

Quote:
Quote:DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.

[facepalms] Yes it does! It's called COPYRIGHT RIGHT INFRINGEMENT for a reason! If you claim someone else's work, that IS COPYRIGHT INFRINGEMENT!

I can't say I follow your reasoning here. Copyright infringement is called copyright infringement because it is the act of infringing a copyright. A copyright is a legal monopoly granted by the state on the making of copies of a particular written work. It has a long and ugly history, but in its current form, it was established to encourage creation of new works (especially books and scientific papers).[

To "claim someone else's work" is not copyright infringement, but plagiarism. That's entirely different, and there is actually no law that forbids plagiarism in particular; it's treated just the same as any other lie. The only thing connecting copyright to plagiarism is that some copyright licenses permit use, modification, and distribution of the covered work under the condition that credit is given (like the Creative Commons licenses). But for example, if I were to claim right here that I was the author of Super Mario Bros, that would be an act of plagiarism that no copyright restrictions can ever stop (since I'm not distributing Super Mario Bros by making that claim).

Quote:I talked to my 34 year old brother, who took business and law classes in school, and even has some experience in the world of business about this and even he agrees that I'm doing things the right way.

He agreed with me that if I did things your way, I would get copyright strikes, DMCA'd, or sued!

That's nice, but taking a business class and law classes in school doesn't make your brother an authority on how copyright works.

Quote:
Quote:This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.

This doesn't make any sense at all! Nintendo owns the Zelda franchise! I'm simply just them credit for such! Geez, is it really that hard to understand?
I'm not the one who's not understanding here. As I explained above, giving credit to Nintendo (which isn't even well-placed credit, by the way) is not a defense against claims of copyright infringement. Only fair use is a valid defense.

Quote:But those people work for Nintendo, which is holder to the rights of all their franchises, not the people themselves.

If the current copyright holder deserves credit for authoring a work, then it follows that when you die, whoever inherits your copyrights deserves credit for your work, and when your work enters the public domain (assuming perpetual copyright on the installment plan doesn't continue forever), no one (not even you) deserves credit for your work. I reject this idea. The author of a work deserves credit for it, regardless of whether or not they hold a copyright monopoly on it.

Quote:disrespect me, my beliefs, my ways, and everything

I don't think I have said anything to you that was disrespectful. If you feel you have been disrespected, then I'm sorry you feel that way. However, I have not done anything wrong by disagreeing with you.

My website: https://onpon4.github.io

[Image: 590167.png]
(This post was last modified: 08-28-2016 09:26 PM by onpon4.)
08-28-2016 09:24 PM
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PJCLink Offline
Member

Posts: 49
Joined: Aug 2011
Post: #13
RE: Did I do it right?
(08-28-2016 09:24 PM)onpon4 Wrote:  PJCLink, I thought at first that your heightened emotion was just due to a misunderstanding, but you still appear to be angry. I think you might be taking what I'm saying a bit too personally. I'm talking generally here and know very little about you.

(08-28-2016 12:07 PM)PJCLink Wrote:  Also, I'm NOT going to put a whole long copyright and fair use thing on my videos pages, threads, and sites (maybe in a readme file though, but not anywhere else)! There is nothing wrong with:

Quote:All Zelda Characters, names, etc are property of Nintendo.

This Game is fan-made, NOT official and will be for NO charge. I am working hard to make this game for free. Then I will upload it and you will be able to download it for FREE! No money involved, so this should not infringe copyright.

Yes, I didn't say there was anything wrong with not including a big fair use disclaimer. I do this voluntarily to make it easier to defend myself from frivolous copyright claims by lawyers that don't understand (or perhaps pretend not to understand) fair use.

What you indicated there has incorrect logic in it (the fair use defense has very little to do with whether or not money is involved; transformativeness is far more important and being non-commercial is not by itself sufficient to render a use "fair"), but it is perfectly fine as a trademark disclaimer (the important part where it says "This Game is fan-made, NOT official").

Quote:It has worked for me in the past.

I don't know why you claim to be an authority on the topic based on the fact that you haven't been DMCA'd or sent a cease-and-desist letter. Most fangame authors, even those who do very stupid things, do not get these things simply because they haven't caught Nintendo's attention.

Quote:I don't think you understand how important it the actual owners of the franchise get credit! Otherwise, without credit to the owners of the franchise, those owners will see that content, and if they don't see their company name in the credits or copyright disclaimer, they will not be happy, and they'll shut down the game!

Nintendo is a profit-driven corporation. It acts in the interest of profits (in fact, is legally required to do so), not "credit". All Nintendo cares about with regard to anything you do (and that includes copyright infringement) is whether or not it might result in less profit for them.

Quote:
Quote:DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.

[facepalms] Yes it does! It's called COPYRIGHT RIGHT INFRINGEMENT for a reason! If you claim someone else's work, that IS COPYRIGHT INFRINGEMENT!

I can't say I follow your reasoning here. Copyright infringement is called copyright infringement because it is the act of infringing a copyright. A copyright is a legal monopoly granted by the state on the making of copies of a particular written work. It has a long and ugly history, but in its current form, it was established to encourage creation of new works (especially books and scientific papers).[

To "claim someone else's work" is not copyright infringement, but plagiarism. That's entirely different, and there is actually no law that forbids plagiarism in particular; it's treated just the same as any other lie. The only thing connecting copyright to plagiarism is that some copyright licenses permit use, modification, and distribution of the covered work under the condition that credit is given (like the Creative Commons licenses). But for example, if I were to claim right here that I was the author of Super Mario Bros, that would be an act of plagiarism that no copyright restrictions can ever stop (since I'm not distributing Super Mario Bros by making that claim).

Quote:I talked to my 34 year old brother, who took business and law classes in school, and even has some experience in the world of business about this and even he agrees that I'm doing things the right way.

He agreed with me that if I did things your way, I would get copyright strikes, DMCA'd, or sued!

That's nice, but taking a business class and law classes in school doesn't make your brother an authority on how copyright works.

Quote:
Quote:This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.

This doesn't make any sense at all! Nintendo owns the Zelda franchise! I'm simply just them credit for such! Geez, is it really that hard to understand?
I'm not the one who's not understanding here. As I explained above, giving credit to Nintendo (which isn't even well-placed credit, by the way) is not a defense against claims of copyright infringement. Only fair use is a valid defense.

Quote:But those people work for Nintendo, which is holder to the rights of all their franchises, not the people themselves.

If the current copyright holder deserves credit for authoring a work, then it follows that when you die, whoever inherits your copyrights deserves credit for your work, and when your work enters the public domain (assuming perpetual copyright on the installment plan doesn't continue forever), no one (not even you) deserves credit for your work. I reject this idea. The author of a work deserves credit for it, regardless of whether or not they hold a copyright monopoly on it.

Quote:disrespect me, my beliefs, my ways, and everything

I don't think I have said anything to you that was disrespectful. If you feel you have been disrespected, then I'm sorry you feel that way. However, I have not done anything wrong by disagreeing with you.

That's it! Now you're starting to cross the line here. You talk to me like that as if me and my brother are idiots. Me and my brother are smart people when it comes to how business and copyright right works. My grandfather on my mother's side of the family, who's now dead, used to work for Allstate, my family's church, and other stuff. He painted fascinating art and he even made picture frames for a living. So he's had some experience in entertainment and business. He had a lot of knowledge about practically everything, including business and copyright.

So me and my brother learned my grandfather, which is why my continued to further his learning by taking business and law classes in school and in two years of college. My brother worked for company called Amway, formerly known as Quixtar for a while before. He's worked with them multiple times and as even been on trips with them. So he some experience and lot of knowledge in the business and copyright world. And so do I, as I've learned from my brother as he learned from my grandfather (who was one of the smartest people in the world when he was alive).

Also, before my grandfather, my great grandfather, who was the father-in-law of my grandfather on my mother's side (basically my mother's mother's father), also painted art. And my great grandfather even built tables, chairs, and furniture. So even he's had experience in the world of entertainment, building things, and business.

My grandfather learned from my great grandfather, my brother learned from grandfather, and I learned from my brother.

I don't just think my way is right, I know it's right. I know from learning from what my brother learned! If my way was wrong, I would know cause I'm not stupid.

Don't you dare disrespect my family or me ever again! This argument is over! If I want to follow by my way, I should and will! You can't control me! You are not the authority of this site's event, Kiddo is! So stop acting like you're some top notch authority person, cause you're not! You're just a regular member like me!

I will follow by my way, you follow by yours, and we mind each other businesses! Capiche?

End of conversation!

New Zelda trailer: coming soon!

My booth: coming soon!
(This post was last modified: 08-28-2016 11:08 PM by PJCLink.)
08-28-2016 10:58 PM
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onpon4 Offline
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Posts: 98
Joined: Oct 2011
Post: #14
RE: Did I do it right?
(08-28-2016 10:58 PM)PJCLink Wrote:  You talk to me like that as if me and my brother are idiots.

No, I only told you some things that I know, but you seemingly don't. I never said or implied that you or anyone else was stupid. Ignorance does not make you stupid, just normal; no one knows everything or even most things.

Quote:Me and my brother are smart people

I'm sure you are. (EDIT: Just to be absolutely clear, I mean that. It's not sarcastic.)

Quote:when it comes to how business and copyright right works

I don't know about business, but I do know that you misunderstand copyright law. That has nothing to do with intelligence; everyone, no matter how intelligent, gets things wrong. I suggest you take a step back and consider what I have said without treating it like a personal attack. If I have said something you think is wrong, explain why you think it is wrong. I can back everything I have said, but not knowing what specifically you doubt makes it difficult to do so (it's quite a large amount of information).

Quote:Allstate

Allstate is an insurance company. Its business has nothing to do with copyright.

Quote:My brother worked for company called Amway

"Multi-level marketing" also has nothing to do with copyright.

Quote:I don't just think my way is right, I know it's right.

So, you think you, your brother, and your grandfather are all infallible? All I will say to that is I disagree. Everyone can be and is wrong about many things. That includes me, and it also includes you. Case in point: Albert Einstein was a very smart and talented scientist, but he stubbornly refused to accept quantum mechanics.

My website: https://onpon4.github.io

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(This post was last modified: 08-28-2016 11:38 PM by onpon4.)
08-28-2016 11:24 PM
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PJCLink Offline
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Posts: 49
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Post: #15
RE: Did I do it right?
(08-28-2016 11:24 PM)onpon4 Wrote:  
(08-28-2016 10:58 PM)PJCLink Wrote:  You talk to me like that as if me and my brother are idiots.

No, I only told you some things that I know, but you seemingly don't. I never said or implied that you or anyone else was stupid. Ignorance does not make you stupid, just normal; no one knows everything or even most things.

Quote:Me and my brother are smart people

I'm sure you are. (EDIT: Just to be absolutely clear, I mean that. It's not sarcastic.)

Quote:when it comes to how business and copyright right works

I don't know about business, but I do know that you misunderstand copyright law. That has nothing to do with intelligence; everyone, no matter how intelligent, gets things wrong. I suggest you take a step back and consider what I have said without treating it like a personal attack. If I have said something you think is wrong, explain why you think it is wrong. I can back everything I have said, but not knowing what specifically you doubt makes it difficult to do so (it's quite a large amount of information).

Quote:Allstate

Allstate is an insurance company. Its business has nothing to do with copyright. One of your relatives having experience and expertise doesn't mean you have that same expertise, either. I'm sure you learned some things from him, but to treat yourself as some sort of intellectual authority because of this is arrogant and makes no sense.

Quote:My brother worked for company called Amway

I looked that up. That's a "multi-level marketing" company. If your brother actually made money rather than losing it, he's very lucky. These kinds of companies are not technically pyramid schemes, but they are based on an unsustainable business model. A scam.

Far from making your brother an expert on copyright law, working with a "multi-level marketing" company just makes your brother someone one of the many people who have fallen for a scam. There's no shame in that; the people who start these companies are very skilled at scamming people, and falling for a scam is something that can happen to anyone (especially if you're having trouble finding a job and the scammer claims to have a way for you to make a lot of money).

Quote:I don't just think my way is right, I know it's right.

So, you think you, your brother, and your grandfather are all infallible? All I will say to that is I disagree. Everyone can be and is wrong about many things. That includes me, and it also includes you. Case in point: Albert Einstein was a very smart and talented scientist, but he stubbornly refused to accept quantum mechanics.

Okay, you know what? Now you've really crossed the line! Not only have you disrespected my family and me, you've now also insulted my family and me! Just leave me alone! Let me do my thing and just back off! I'm getting tired of you telling me all false stuff that makes no sense and telling me what I can or can not do!

You remind me a lot of this one guy who bullied me on PureZC back in January 2008, with the username Migokalle. Because of him, I'm not on the PureZC forums anymore! The guy got under my skin and got me banned. And now you're trying to do the same exact thing! Migokalle constantly argued and argued with me, telling me what I can or can not do. You're literally doing the same exact thing that he did back then, in January 2008.

And to be honest, at this point, I really wouldn't be surprised if you turned to be Migokalle just with a different username.

If you are Migokalle, then I had a bad feeling that the past would comeback to haunt me once more!

God, I wish people would just stop telling me what to do and just let me do what I want to do!

New Zelda trailer: coming soon!

My booth: coming soon!
08-28-2016 11:50 PM
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Weegeesquare Offline
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Posts: 1
Joined: Aug 2015
Post: #16
RE: Did I do it right?
(08-28-2016 11:50 PM)PJCLink Wrote:  If you are Migokalle, then I had a bad feeling that the past would comeback to haunt me once more!

Who knows? It could be him, or it could be-
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09-02-2016 02:14 AM
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Gumstone1080 Offline
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Posts: 15
Joined: Oct 2010
Post: #17
RE: Did I do it right?
I may probably enter, depends on what I have done for my Zelda demo.
I think the last demo I put out was way too difficult for anyone, if they didn't know about the F4 Screen option, plus I didn't turn off the damage modifier for enemies in the last demo :p, so they hit pretty hard.

If anything, if I do release another demo, it will be based on a side-mission involving bandits trying to take over a province.
09-02-2016 10:32 AM
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onpon4 Offline
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Posts: 98
Joined: Oct 2011
Post: #18
RE: Did I do it right?
Hey Kiddo, have you looked into the problem with screenshots at all? They still don't work. This warning was spit out:

Quote:Warning: copy(uploads/userbooths/80/screen_0.png): failed to open stream: Permission denied in /var/www/vhosts/nintendocfc.com/httpdocs/includes/lib/designbooth.inc.php on line 438
failed

My website: https://onpon4.github.io

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09-04-2016 11:02 AM
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Emperor Offline
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Posts: 107
Joined: Jul 2009
Post: #19
RE: Did I do it right?
Hey, I've been looking at the issue and we were nearly out of disk space which I believe interfered with some parts of it early on. I have since made room on the server and it seems that the issue isn't affecting other booths, which is very strange. Can you try recreating your booth and see if it will work after that?
09-04-2016 03:25 PM
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onpon4 Offline
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Posts: 98
Joined: Oct 2011
Post: #20
RE: Did I do it right?
Yep, that did the trick.

If I had to guess what caused that, my guess would be that there were some bad files left over from when I created the booths. Anyway, not a problem anymore.

My website: https://onpon4.github.io

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09-04-2016 09:00 PM
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