Has this general accomplished anything at all since the inception of /aco/?

>>305421
Pretty much.

>>305427
Yeah you would have to be to spam a game that doesn't belong here.

>>305421
On it.

Is there anyone more pathetic than linear?

>>305429
>doom trainer
>training hot demon boys into sluts

I'm down with it

>>305432
The guy posting the images from his game.

>>305432
No.

>>305432
tropic by far

>>305432
The hamplanet.

>>305436
Nope.

>>305436
Not even close.

Posting the stregac thing - good

Not posting the hot new bubble wrap fetish - bad
5/10 OP

What is a decent time for a game to last?

>Less than 100 days
>100 days
>200 days
>365 days (1 year)
>1 Year +

Argument for less time: "Don't waste everyone's time."
Argument for more time: "Get more attached to the characters."

>>305440
I really considered it.

>>305441
>http://pastebin.com/gLGH6Va0
which game?

>>305441
37 years

>>305445
>http://pastebin.com/gLGH6Va0
Oh.. I would go with 1 year plus... so that people can do more and more crazy things with Rogue....

>>305441
let it run for ever but make it clear you've seen it all

fuck making people rush to see it all before day 50 otherwise you fail

New thread, Same request

can linear or anyone who can draw please do a decent looking white tee shirt for Hermione

Silver will never be updated?

>>305441
let it run forever but make it so that all the content can be seen in a reasonable time-frame (IRL)
in other words i dont want to spend more than maybe 6 hours whit a game of this type, and that is stretching it.

>>305512
It will be updated when it's ready

>>305463
Linear doesn't come here anymore, try her thumblr or something

ok, lads who've played the russian mod, a few questions

does the tutoring thing run alongside the original points for griffindor thing or in place of it/prelude to it

9000 gold what the fuck even

what bird do

that blond chick with the zombie-looking chibi, can we just ignore her

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>>305611
>what bird do

fuckable

>>305620
if only

Sunsets Injustice has been DMCA'd by Warner. Goodnight sweet prince and all that.

>>305643
>Injustice has been DMCA'd by Warner
Copy paste the post, I gotta see this.

>>305645
>"At 9:36pm (CST) January 6, 2016 we were notified via Patreon, that we have 48 hrs to take down all content containing Warner Bros properties. Also subsequently we were warned by Patreon that all properties that are not owned (100%) by us must also be removed. I also want to inform all of you that this was always a potential risk we took. Although we hoped to have a fully functioning copy in the hands of the community by the end of March, we now have to scrap Injustice. I also want to say that this isn't the end of us. I want to thank all of you for your support over that last several months of development and growth of our Patreon.

>I want you all to know that we were in the planning stages of moving away from copyrighted material as early as May. The plan being to slowly integrated original content with our regular release schedule. We had hoped that we could continue on this path well into early 2017 where would would launch a completely new project 100% owned by us. Due to the above mentioned DCMA violation the final vision of this plan has to be moved up 15 months. Due to this fact there will be a complete change and overhaul to the distribution on all platforms, along with the kind of content distributed. What I'm trying to say is don't worry we had a plan (rough idea) and now we just need to move way faster and earlier than expected.

>Over the next week I will be in constant communication with all of you on Patreon. Sunset (who is in charge of creation/ and content) has already began the process on his side. With Sunset's amazing artistic talents I am excited to see what he can bring to you guys. I ask that you remain patient during the next week to see what we have been planning for all of you. Although this is an unfortunate event we are going to grow and evolve. Stay tuned for more info tomorrow.

>Sincerely SmokeShank"

>>305643
Can he just make it free then? Or change small assets like changing the name to Lexxx Luther or something?

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>>305657
>2017

>>305657
and nothing of value was lost

>>305657
lol just change the names and hair colours

ie a blonde called awesome woman

and release it that way, the game and tits don't change, just the name of who they belong to

>>305657
>2017

>>305657

Great, it didn't fit in this general anyway

>>305657
Wait.... so how come Akabur gets to make his games? He's a lot bigger than these guys.

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>>305657
>2017

>>305688
Disney isn't Warner Bros

Akabur may be a greedy jew, but he doesn't hide his games behind a paywall

>>305688
He's russian

>>305688
[spoiler]For you[/spoiler]He's also from Russia

Wait, SR7 was planning to sell his game, not release it for free?

>>305721
No it says he planned on a full public release in march. He said so many times he was going to do expansions after he released injustice.

Technically SR7 could potentially get away with calling Injustice a parody work, but that would most likely require a lawyer, which is an unpleasant prospect for a small porn game developer.

>>305693
Warner own Harry Potter bro

Akabur did get into trouble. That's why he renamed his game 'witch trainer' and had a quiet release. He said paetron supported him though.

>>305688
because jews stick together

>>305518
>I dont want to spend 6 hours

Well I do. I would set my own limit at probably 20 hours.

>>305737
he should just convert to judaism like akabur

>>305742
>Warner own Harry Potter

Not the books

Why would warner even care about this game when vivid is still making and selling the porn parodies

>>305809
Vivid is paying royalties

>>305809
Much easier to get a small project taken down than suing a company like vivid, who have the money needed to successfully claim that it's a parody.

God bless you, Russia. God bless you for your amazing porn artists and autocratic government which doesn't give a shit about Jewish laws from the West. God bless ya all.

Heartlocked Updated, Says Demo end of next month hopefully sooner.

>>305824
Lol, akajew is actually risking, cos we now have laws that equals CP and loli hentai

>>305827
heartlocked?

>>305836
I think he means tifa trainer

>>305657
>Not even a single sex scene in any working build

Good, this shit was fucking dumb anyway, and whoever paid for this is a moron.

https://www.patreon.com/shinKitaro?ty=c
Heartlocked.

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A C&D is not worth the paper it's typed on, frankly. But SR7 didn't get a C&D, Patreon did, and they're complying probably without hesitation. If the C&D came to SR7 directly he would be wise to wipe his ass with it because:

1. Injustice wasn't for sale. It's hard to argue that someone is profiting off of your copyrighted works when they aren't directly making a dime off any product featuring your characters. Connecting the dots from 'no copied or extracted work' -> 'free game' -> 'patreon bux' is way too broad for any C&D to cover. You'd likely need to get a judge to push an injunction to stop distribution of the game, and that's clearly not what occurred.

2. This shit has already been settled. A company made and sold Star Ballz, a direct porn parody of Star Wars and successfully defended it against LucasArts. It's a precedent that the American Bar lists in their documents on fair use, so it's very well established law. Their "parody" was very over the top with penis troopers, etc. But that's enough of a precedent that makes most porn versions of IP's fairly safe from legal takedowns.

Patreon has threatened SR7's subscriptions because they are the ones that don't want to stand up to a WB C&D. Why is Patreon so easily bending to the whims of some separate corporation? Who knows, but I would guess they want to pretend to respect copyright complaints just out of sheer fear and because they don't have the budget that Google has to laugh in these people's faces.

Unfortunately, there's no successful alternative to Patreon currently. Shit like Offbeatr is a mess and not worth even considering, besides they would probably crumple under a takedown notice as well. As such, the truth, as many people have said, is that OC DonutSteels are a much safer bet. Even just palette swaps and name changes would have helped him duck some of the charge, but calling the characters by their trade names and matching the source material's style so effectively became the work's downfall.

I just wanted to say what a fucking blessing Witch Trainer is. Downloaded it over the holidays and it fucking changed my life.

Honestly, I didn't think I could get into it that much but somehow it hit all the right buttons. I'm a bit older (>30) so I wasn't actually fapping that much anymore. But with this game, five times on the first day. Didn't even think that was possible above teenage. It fucking revived my libido by 20 years or so. Holy shit, I fap to this two times a day and still fuck my wife with renew vigour. And the orgasms, they're like 10 times stronger than normal as well. Seriously, this is somehow my fetish. Man I can't wait for the new game to come out. Love those Russian guys.

>>305944
Did it also fix your alzheimer, old man?

Dunno if I believe SR7. Sets a bad precedent for Patreon, doesn't it? If getting your OC out of porn is as easy as sending a C&D, then game over for anyone the man picks on. Maybe because he was copying the art style, yeah.

I'm sure not gonna poke at it unless they start picking on me, but I'd like to see confirmation and a deeper explanation from Patreon before I really start worrying.

>>306035
If that is confirmed could be the end of Patreon.
I dunno if normal artists make the same money as the adult art&game guys, and a lot of adult artists are into porn parodies of copyrighted material.

>>305920
Is SR7 actually getting in trouble? Will we never get a full product? Fuck man.

>>305441

No time limits. Let people enjoy it at their own pace.

Couldn't SR7 just keep making the game and set it for free and just have a Tip Jar?

>>306146
its not SR7 themselves, but patreon. Patreon doesn't want trouble so they just asked for DC stuff to be taken down. If SR7 doesn't comply, patreon will close their page down.

I'm just hoping SR7 sets that website they were talking about up so they can move on with it

>>306155
I think SR7 will probably pussy out and halt all projects, even his pinups he does for Hentai-Foundry.

GRANTED a lot of artist over on Hentai-Foundry use Paetron as a way to make a income. If this goes through we could see a shift or drastic collapse of porn artist being paid to some extent.

He has a large amount of fans, I'm sure if he moved to a website and had a tip jar and claimed it was free DC couldn't do aynthing. I mean, out of all the things Paetron freaks out about it's SR7's project. What about Roguelike or the thousand of other porn artist doing parody porn?

>>306163
I doubt DC is going to freak out over Rogue-like, all things considered.

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>>305657

FUUUUCK THAT IS THE ONE GAME I ACTUALLY WANT TO BE COMPLETED

>>306175
It was shit anyway

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>>306183

STILL BETTER THAN EVERYTHING ELSE THESE THREADS SHIT OUT

Also,

NOTHING EVER FINISHES

Wait what the shit?
He isn't explicitly selling the product to damage their brand, Sunset rider can just basically say that this is his own project that he's doing for himself and his supporters on patreon are just paying to view the progress he has on his own project
So basically non-profit

Is Patreon fucked?
This is the same tier as some faggot putting a claim on youtube

>>306193
>So basically non-profit

wrong

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I wonder if he'll even do his Jan 29th update now.

Welp fuck, I was really looking forward to it too. Outside of Oni's Rogue-like, SR7 seemed like a good guy that kept to working hard. While people like Akabur are scratching their asses doing nothing and not getting any kind of threats.

There are some people talking over on Hentai-Foundry at the moment and "supposedly" SR7 is grabbing his cash and going dark.

>>306193
Honestly, I wonder how much steam this is going to get overall for the larger picture. This could actually spiral out of control. From some artist trying to make a fun game to impacting the entirety of Paetron.

>>306196
Why wrong?
He's basically creating a parody of warner brother material not to mention he does not explicitly sell the product which can be easily argued in court

But the fact that it was sent to patreon and not sunset directly is the weird part. Either way if I were him I would pay that 2-3k to get a lawyer and at least consult or even sue patreon for this shit

>>305657
How long until RogueLike suffers the same fate?

>>306210
better go finish your own little project before it hits you too

>>306210
Courts aren't dumb. If donating to his patreon gives you the product, people are paying for the product, which means that it's being sold

>>306218
never because it's behind a very obtuse paywall

>>305920
1. "For sale" have NOTHING to do with copyright law. I have no idea why people keep trying to promote that meme. Releasing something for free is EXACTLY as legal or illegal as selling it for thousands of dollars, the distinction is in the content itself, not in how much money you make off of it.

2. It might be possible to defend these things in court, but you would have to do so, spending thousands of dollars on legal fees against million dollar lawyers. Regardless of the merits, it wouldn't likely go well.

>>306218
Really, I think that what probably got Injustice in trouble is that they were dumb enough to give it the same name as the officially licensed fighting game and comic series "Injustice." Legally, that's a relatively minor distinction, perhaps, but it would attract a lot more attention if people searching for the fighting game kept getting links to the porn game.

>>306227
Are you a fucking idiot?
It falls under fair use retard
"the noncommercial purpose of a use makes it more likely to be found a fair use"

Curious: Is anybody going to translate the slavrunes in that "Living with Hermione" game?

>>306241
The point is that you have to defend that. Patreon sure as fuck isn't going to provide a lawyer so it falls to SR7 to defend himself in court. Doing so would drain him of all the money he has made and will make from this game. There is 0 chance of it costing "2-3k".

You're going up against a million dollar legal teams who know how much you make and will just drag out the trial until you are bankrupt.

>>306241
Fair use is a legal defense, which means you have to go to court to do it. And you can bet that the lawyers on the other side would argue against you.

>>306222
>courts aren't dumb
It doesn't matter how dumb or not they are, most of the things that SR7 is doing falls under fair use
1. The content is for a noncommercial purpose, such as he does not explicitly sell the content but rather take donations for the continued work of his own project, which is what patreon is founded on unlike other websites like Kickstarter which explicitly state that they will sell the product when it gets made

2. The nature of the work is set in Fiction which allows for the merit of
" facts and ideas are not protected by copyright—only their particular expression or fixation merits such protection."

3. If he can prove that
"The less that is used in relation to the whole, the more likely the use will be considered fair."

4.IF the game like injustice can harm warner brothers as a whole brand

From what I can see This whole fucking DCMA has no grounds is liable to counter suit

>>306253
have you ever gone outside

Who the fuck brings million dollar lawyers to a fucking DCMA case
Jesus christ
Most faggots will do it pro-bono to get some fucking reconingation

Am I really the only law student on this fucking board?

>>306260
>Most faggots will do it pro-bono to get some fucking reconingation
Then why don't you find these magical free lawyers and send their details to SR7?

>>306256
>>306260
reminder to report & hide shitposters

>>306260
I specialize in bird law

>>306260
I specialize in faggot laws and you're breaking all of them by being too much of a faggot

>>306271
Because it's not Sunset who got it sent to him directly, it's Patreon

Legally you can wipe your ass with a *DMCA sorry for the earlier misspelling, But since it's patreon who is asking him to do it, then his case is with patreon and not warner brothers

If you hire a lawyer with intent to sue, most of them wave legal fee's until after the case is done, and again most lawyers don't take a case until they can see if they have a chance to win

I'm not sure which state SR7 is in but i'm 99% positive that most of them follow the same basis as most lawyers and follow along the same guidelines

The Injustice situation is just an excuse for SR to run off with the money without completing the game.

>>306282
>then his case is with patreon
Patreon can do whatever the fuck they like. You aren't entitled to use their service.

"Patreon.com may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice."

It's like trying to sue google because they banned your account.

>>306236
I write a lolicon modding guide for Skyrim and was served a DMCA for that very reason. I removed any references to Zenimax-owned properties and they left me alone.

>>306244
Link?

>>306287
What?
Where did you get that info from?

" Patreon.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Content provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Patreon.com does not have control over the quality, timing or legality of Content delivered by its Users. Patreon.com makes no representations about the suitability, reliability, timeliness, or accuracy of the Content requested and provided by Users identified through the Service whether in public, private, or offline interactions. Patreon.com cannot confirm that each User is who they claim to be. Patreon.com does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service."

>>306282
Hes in Canada

>>306295
https://www.patreon.com/legal

Patreon can cancel your account for literally any or no reason.

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>>306256
>>306295
>most of the things that SR7 is doing falls under fair use
As you point out here: >>306282 I don't think Patreon gives a shit.

>https://www.patreon.com/legal
Item 15 is where Patreon declares their intention to take down any infringing works. So all WB had to do was take one screenshot of Injustice, type up an email saying "we own this IP, take it down" and Patreon sends SR7 an ultimatum.

>Include enough information to allow Patreon.com to locate the material, and explain why you think an infringement has taken place;
Notice that in no way is Patreon asking complaints to include why they feel the work isn't covered as fair use, parody, or satire. They are basically saying "if you think we should take shit down, just drop us a line and we'll do it."

SR7 used DC characters, the WB DC animation style, the game name "Injustice" just to start. While I still feel he could beat a direct D&C, in this instance he would be fighting Patreon, not WB. And Patreon believes they have the right to terminate for any reason, so any arguments are going to fall on deaf ears I'm sure.

>>306298
Oh nvm then
He's fucked

Canada has backwards copyright laws such as retarded language law
I can see why he would not even fight it

>>306236
'Never' put the name of the product your parodying in your title.

The word "Rogue" is vague enough that it doesn't infringe, but you could argue that Injustice is, seeing as there's a game with the same name (you don't want the porn parody to show up if you google "Injustice Game"). This would harm the brand and can therefor be used in court.
Call it "Hero Trainer" instead. That's vague enough.

The odd coincidence is that Patreon's new attitude has started with the new year.
Maybe 2016 is the year of "toleration zero" for porn parodies of the most important IP?

>>306308
I mean he could argue breach of contract since at one point patreon states that they have no control over the content produced by it's users unless they violate specific copyright law but since it's basically free use they have no grounds to close him, but yea you are right that some dickhead at WB saw the name injustice and just sent out a claim because that's all he does all day
And patreon being a small company would rather take the hit then wave off this youtube-tier flag

Fucking sucks man

>>306332
It doesn't matter. They can close your account for LITERALLY NO REASON. Read their legal page.

>>306241
Sorry, no. "Fair use" has nothing to do with money. If it is fair use, then you can give it away for free or charge for it, and it's equally fine. If it's not fair use, then you can charge for it or give it away for free, and it's equally a problem. The fair use provisions have nothing to do with monetary gain.

>>306332
Saying you're not responsible for the content produced by your users does not grant you any legal rights what-so-ever if you're thrown a takedown request. It's just a legal thing to protect them from getting sued. It doesn't protect you as a user. They're essentially saying "We harbor content, but we don't make it."

But if they refuse to take down content, they can be sued for being accessories to infringement.

>>306332
shit game, good its gone

hope they get you next

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>>306332
You could bet that if someone like sakimi gets an infringement complaint patreon will work quite a bit harder in getting things sorted before sending her an ultimatum. But then, they're making 5% off her $50,000 per month so they'd be less interested in shutting her off for no reason.

My advice is that you need to stick to "Super Mom" as a title, think up a slightly different name for all your characters, and change the incredibles logo enough that it wouldn't reasonably pass for Disney IP. Better safe than sorry. In fact, the logo is probably where you're most vulnerable because its the most obvious icon they could point to for a copyright claim.

>>306256
There's no grounds for a countersuit, at least not one that he could win. While it's possible that he could beat the DMCA challenge itself in court (though unlikely given the unbalanced legal teams), they had every right to bring the DMCA in the first place, so there's no way he could get compensatory damages.

>>306345
This topic was already done
But fuck you

"To decide whether it’s a fair use, the effect on the market must be taken into consideration along with the other three factors: amount used, for what purpose, and the nature of the work."

EFFECT ON THE MARKET IS LITERALLY ONE OF THE FOUR DEFENSE'S IN FAIR USE

>>306282
>Legally you can wipe your ass with a *DMCA sorry for the earlier misspelling, But since it's patreon who is asking him to do it, then his case is with patreon and not warner brothers

He has no case against Patreon, they can dump him at a moment's notice, it's their service.

>>306350
You can't copyright exclamation marks

!!!!!!!

Come on, sue me

>>306357
IMHO, the erotic nature of the work could hurt market value in especially conservative areas. :^)

>>306360
the logo you can, it's not only the exclamation marks

>>306361
Yea, That's a legitimate attack DMCA lawyers can use

>>306332
>I mean he could argue breach of contract since at one point patreon states that they have no control over the content produced by it's users unless they violate specific copyright law but since it's basically free use they have no grounds to close him, but yea you are right that some dickhead at WB saw the name injustice and just sent out a claim because that's all he does all day

It's two legal positions that you're conflating. Patreon tells the artists "we can cut you at any time, so don't give us reason to," and then they tell outsiders "we have no responsibility for anything that happens on our site." What that basically means is, if they do get stuck in a court costs where some company sues Patreon, they can rightly claim that they don't police the content on the site themselves, but if they do see reason to police the site, they have every right to do so.

Im on the team. I won't talk to much here as we haven't informed other users on our other platforms. I have talked extensively with SR7 and I can assure you we aren't going anywhere (no need for speculation). Things will be changing on our end. Injustice is on the shelf for now. We are focused on getting a project running on Patreon first then we can move resources towards the potential finsihing of injustice (or unjustice now). There will be more news tomorrow.

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>>306360
ironic shitposting aside, the incredibles logo could be converted from an "i" to an exclamation point pretty easily and it would not only look stylish but beat copyright claims as well.

I'd say swap the palette to a nice neutral blue just to be on the safe side, but that's comically already taken.

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>>306372

>>306371
Theoretically, work on "notjustice" can continue as long as none of it shows up on Patreon, right? They can't threaten to close your account if WB can't point to any infringing work appearing on Patreon.

It would probably also be smart to take any Patreon links/references off the game as well so the two aren't connected in any way.

>>306357
>"To decide whether it’s a fair use, the effect on the market must be taken into consideration along with the other three factors: amount used, for what purpose, and the nature of the work."
>EFFECT ON THE MARKET IS LITERALLY ONE OF THE FOUR DEFENSE'S IN FAIR USE

Yes, but monetary gain has nothing to do with "effect on the market." The effect would be in distribution, and in how well it competes with other products. Let's take a very clearcut example. Let's say that I take a copy of Justice League #35, and tweak it slightly, reprint it, and start selling copies. That would likely get hit pretty hard as a copyright violation. But let's say that I gave them away for free, that would EQUALLY get hit as a copyright violation, perhaps even more aggressively, since it would not only be competing on content grounds, but would be beating the original on price as well.

The "market impact" element does not refer to you making money, it refers to the original company LOSING money. It means that your product either competes with their product, or damages the brand of their product, and that can happen whether you make money off of it yourself or not.

>>306371
I would recommend moving away from anything even remotely close to "injustice" as a title. Keep the content, yeah, but call it like "Lex's Place" or something that is not used by any WB property, or a direct reference to any WB property.

>>306377
Theoretically yes. Like I said we need a project going on Patreon. I will be giving more details tomorrow as to what direction we will be moving on that Platform and others. The funny thing is SR7 and myself literally had a meeting early in the week where we talked about this possibility of DMCA take down.

>>306379
Fucking
CHRIST

You're wrong yet you are still fighting this?

Alright

“The economic effect of a parody with which we are concerned is not its potential to destroy or diminish the market for the original—any bad review can have that effect—but whether it fulfills the demand for the original.”

In a court case RIGHT,
THE COURTS ARE
MORE
FAVORABLE
to your side, IF you do not sell the product since it diminishes its effect ON THE MARKET

IF, in fact you do sell the product you are REPLACING the original WHICH does not warrant for your fair use to hold up in court

I can't explain it any more clearer, because you obviously believe only in your own definitions rather then what I fucking copy paste out of university websites

>>306394
It's your own damn fault for being so good at mimicking the DCAU style, tbhbreh.

But yeah, I can see where you'd need to slap something up on Patreon to keep it alive while you 'explore your options.'

Good luck and I'm looking forward to those deets.

>>306394
Confirmation from Patreon where and when?

>>306396
>

“The economic effect of a parody with which we are concerned is not its potential to destroy or diminish the market for the original—any bad review can have that effect—but whether it fulfills the demand for the original.”

Exactly, and that remains equally true whether or not the person producing the material profits from it. What matters is whether the material "fills the need of the original."

>IF, in fact you do sell the product you are REPLACING the original WHICH does not warrant for your fair use to hold up in court

Selling the product or not has nothing to do with "replacing the original." If the product you produce does "replace the original," then it does not matter whether you sell it or give it away, you're still "replacing the original."

If the product that you make does not "replace the original," for example if it's different enough that it serves a different audience, or that people would still purchase both, then again, it would not matter whether you profited or not from its production.

Why do you keep defending my premise with the examples you cite, and then shout that I'm wrong?

Tropic is the cancer of this general.

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>>306409
Tropic is right, only matters if its commercial no one bothers with free shit

so does anyone have the new roguelike version

I just found out that Fair Use is a US thing that doesn't apply to the EU.
Parody law however does, but it can be tricky.

According to my sources:
1. The Parody cannot infringe on the basic rights of the author (can't call the creator of the work you're parodying the spawn of evil)
2. The parody cannot be confused with the real author's work.
3. The work has to be either humorus or satire.
4. Cases will be handled by your national court.
5. Judges must respect the freedom of expression, but this right is not absolute. For example human indignity is not allowed (see point 1). It also cannot discriminate based on culture, religion or linguistic diversity.
6. The author can't just pull your work because he doesn't like it:
"Based on this, the AG notes that the parody exception should not be refused just because the author of the original work does not approve the comment made through the parody."
However you are not allowed to have the parody "contain a radical message contrary to the deepest values of a particular society."
In other words, nazi loli's will probably get you thrown the book at you.
7. Parody may be sold. There's no law telling you you can't make money off of your parody.

The only known case I have that went international is called the "Padawan Case" (I shit you not. As far as I can tell it has nothing to do with Star Wars, but the guy being called Padawan. It's in Spanish so who knows.

It goes on and on and on. Basically your work cannot trigger the memory of the original work in the public which may cause confusion with the real work ("This girl being gangbanged by seven swedish dudes? Was that in the Disney movie?"

One thing that keeps coming back is comedy. It must be humorus. It is up to the judges to decide if it is or not.

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tropic truly is the shitposting hero of this general
Smart enough to think he knows what he's talking about and maybe he does
Passionate enough to argue endlessly
Important enough that mods can't get rid of him
Before tropic appeared it was all "it's shit"posting and the occasional scuffle over fetish preference
He just ramps shit up to 11 and brings everyone with him
It's impossible to ignore him though
What will he say next? Nobody knows, but it will be even better than the last post somehow
He always finds a way

If this keeps up, I'll have to make a comic about it

>>306426
What the fuck are you doing!!?!?
YOU DON'T KNOW WHAT DARK FORCES YOU MESSIN WITH CHILD
Stop encouraging him

>>306425
There's a ton of cases and info to draw from. Some more positive towards games like these than others.
Almost all points can be debated (Is forced sex a radical message contrary to the deepest values of a society?) What is humor? (Is a Judge without my sense of humor more likely to call you out on it?)

Also.... 'don't' 'DON'T' ever make it seem as if your parody work is better and should replace the original and people should buy your stuff instead of theirs. If you do, court will slap your shit.

>>306425
Yea, But sunset riders is in canada. They're basically a third world country when it comes to copyright and freedom of speech and especially parody law
Like in qubec you can't have anything that doesn't have french in it
Except for china town because who the fuck knows

>>306436
Yeah they have their whole: "33% of all you do must uphold the original culture." bullshit rule.
I can sorta understand what they're coming from. They're trying to prevent their culture from dying out and being replaced by a different culture (think imigrants, but also think American media).
But surely there's a better way to do it rather than force your people.

>>305688
There's nothing inherently wrong with his Patreon that I can see; most of what he showcases are his own creations and he doesn't implicitly use Patreon to sell his work (which you're not supposed to anyway).

Also he's Russian, and Putin thumbs his nose to the White House vis a vis intellectual property laws, so Disney can't touch him for stuff hosted in country.

>>306409
>If the product you produce does "replace the original," then it does not matter whether you sell it or give it away,
If the product "replaces the original" then fair use wouldn't even begin to be a defense.

Counterfeit items aren't defended as fair use and neither are reproductions. Those only get defended as public domain, which is a separate concept.

Fair use is a defense used when someone is infringing on copyright intentionally for the purposes of commentary or criticism (also parody/satire).

Legally it is much easier to assert you aren't trying to infringe for profit motives if you specifically distribute your infringing work for free. It becomes almost impossible to assert that you were infringing for profit if there's no actual profits.

https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf
Page 1 from the American Bar Association:
First of four factors:
>The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Items distributed for free are going to be harder to prove to be "commercial" in nature, instead of say, a personal artwork.

Of course item 4 picks this back up with:
>The effect of the use upon the potential market for or value of the copyrighted work.
Does a free porn game degrade the value of the DC universe? That would be for a court to decide, but LucasArts lost their similar case, and that was with a directly infringing property that was for sale.

>After concluding that parody could be considered fair use, the Court quickly qualified its holding: if the new work “has no critical bearing on the substance or style of the original composition, which the alleged infringer merely uses to get attention or to avoid the drudgery in working up something fresh,” the work is less transformative, and other fair use factors, such as whether the new work was sold commercially, loom larger.
That last part is important.

I had an idea that sunset riders7 would be forced to stop the game because i think Akabur has had the same thing done to him, that is why he is not doing much, so the only solution is to make original content like the hyposlave game & momincest game, which i know is not liked by everyone but, they will probably left to finish they game. I think the next to be targeted will be the incredibles & starwars game because of disney is cracking down too on copyright.

>>306416
Nope, that's just a self-serving argument for people who like free shit and what to shitpost people who charge for their work. While historically commercial infringement has been more likely to be pursued, that's only because non-commercial infringement didn't really have the reach to cause any issues. The law has always allowed them to come after either, making no distinction between commercial and non-commercial infringement.

>>306452
>i think Akabur has had the same thing done to him,
The Harry Potter movies were also Warner Brothers properties. WB is very aggressive towards copyright and according to Akabur he too received threats about the game when it was named "Hermione Trainer."

As such, he changed the name and the legal action ceased.

>>306434
tropic won't be affected either way
it's pointless to try
he is a dank meme in human form
you cannot stop the past
we realized too late

>>306455
>The law has always allowed them to come after either, making no distinction between commercial and non-commercial infringement.
>>306450
>whether such use is of a commercial nature or is for nonprofit educational purposes;

>other fair use factors, such as whether the new work was sold commercially, loom larger.

>how do you like your porn games?

from last thread

http://strawpoll.me/6469300

>>306450
>Legally it is much easier to assert you aren't trying to infringe for profit motives if you specifically distribute your infringing work for free. It becomes almost impossible to assert that you were infringing for profit if there's no actual profits.

Except that "infringing for profit" or not doing that, is not a thing. It does not matter whether or not you were "infringing for profit," all that matters is that you were, or were not, infringing. If you were infringing, then whether or not you sought or made any profit off of it is entirely irrelevant.

>>The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
>Items distributed for free are going to be harder to prove to be "commercial" in nature, instead of say, a personal artwork.

The point of this statement is that it helps if you can promote your work as being in the public interest, like charitable non-profit. It has nothing to do with whether you gave it away for free. It's hard to argue that a porn game should be viewed as an educational product that is in the public's interest.

>Does a free porn game degrade the value of the DC universe? That would be for a court to decide, but LucasArts lost their similar case, and that was with a directly infringing property that was for sale.

Yes, but again, you can't just SAY that and then go home a winner, you need to defend that assertion in court, which could take you years and tens of thousands of dollars. It would mostly not be worth doing for any web artist, so it's largely a moot point.

>>306452
>incredibles

There is literally nothing aside from the logo which is being replaced with a cg that can be grounds for a dmca, even the fucking house layout is different (because I fucked it up) The character's look nothing like they do in the movie and the only discerning feature is the name Helen and Violet and Dash which can be easily replaced if I was threatened. Not to mention the fact that it's an alternative universe where Bob basically dosent exist cause he's dead and the little fire child never existed at all

Nothing there for grounds of Dmca

>>306465
Shut the fuck up
You have no idea what you're talking about
Stop
Literally everyone has proved you wrong

>>306465
>all that matters is that you were, or were not, infringing.
No, the assumption is that you are infringing. Fair Use is stating WHY you're infringing, and whether or not you have a right to.

Specifically, if you are producing noncommerical speech, you're allowed in certain cases to infringe, that is it isn't considered infringing. But you are specifically using another company's trademarks/trade names/trade dress directly in your new work.

Yes, you could "go after" anyone for any infringement. But that's the whole point of Fair Use, is that by proving in court your motive wasn't to profit directly commercially from the infringement, rather to comment/criticize/parody/satirize the work, you are thus allowed to infringe.

By removing profit from the new work you're making it much easier to defend as noncommercial speech than it would be if it was for sale.

>>305693
Paywall has nothing to do with whether a game will get a DMCA or not

If Patreon starts giving into legal threats across the board, I'll go start my own goddamn website that protects R34 content. Sounds like a good opportunity to me. Could even charge a little more and chalk it up to bigger risk. This isn't a problem that's going away for us in the future. Gotta take a stand. This is America, goddamnit. If I want to make porn, release it for free, and only ask for donations, I'm not gonna let whoever the fuck stop me or anyone else from doing so. Larry Flynt all up in here.

I don't know how to word this so someone, please try to make sense of what I am saying.

What makes a game considered to be a trainer and what is necessary in making a trainer game?

Game in the vein of Corruption of Champions where you play as a spy infiltrating some royal chamber. You're adept at playing as an ally to your target to get your information - trouble is, the king is sex addicted and wants your body.
Do you reluctantly blow him to further your cause, risking addiction to that scent? Or give him a furtive handjob in the court room?

>>306523
To me this just sounds horrible, primarily because there isn't enough info for me to grasp the situation and to decide my decision

>>306498
A man trains a woman to be his slave through progressively more intense actions. The key is progression. The gameplay will revolve around unlocking more erotic scenes, so always keep it in mind. Beyond that, it's really up to you.

>>306523
Wrong general

What do people think would happen if Maverick came back?

I wasn't here and have heard her name a few times

I'm so pissed that injustice is over. There are so few of these games out there and injustice was one of the even fewer good ones.

>>306680
what do you mean its over? did they cancel it? dont have time right now to read every post here if already answered.

>>305693
Nigger what are you on about?

He didn't release WT or even PT for that matter for free until months after their release. Both of them were paywalled on his Hentai United page, and both were leaked by /v/ and /t/, not that I expect any of you fucks to remember the month long /t/ threads.

>>306472
Nobody proved me wrong, just a lot of people kept shouting at me that I was wrong. If you believe that's how "proof" works then good luck in law school.

>>306686
Well they basically said they are shelving it and they are gonna try and come up with something new. Maybe it will come back or someone else will pick it up who knows, but it will probably be a long time from now.

>>306686
see
>>305657

>>306479
>Yes, you could "go after" anyone for any infringement. But that's the whole point of Fair Use, is that by proving in court your motive wasn't to profit directly commercially from the infringement, rather to comment/criticize/parody/satirize the work, you are thus allowed to infringe.

And again, that is NOT the legal distinction. It is not whether you intended to profit or not that determines whether it is fair use. The point of legal distinction is whether or not your version of it is distinct enough from the actual product, whether it effectively parodies the work, and whether it harms the original product's value. WEhether YOU profit off of it is NOT a legally relevant factor (although it can make a copyright holder more or less INTERESTED in pursuing a legal challenge in the first place).

Basically, making a huge profit off of someone else's copyright will not make a judge more likely to convict you, but it might make the company more interested in swatting you down.

Again, the law protects commercial speech and non-commercial speech equally. Any legal references to "non-profit" has nothing to do with whether you actually turn a profit or not, but rather to the lkegal classification "non-profit," like a church, educational service, or other charitable good. You can't just claim the be a legal "non-profit" simply because you make no money off of something, you also have to meed certain standards of "public good," and no porn game is ever likely to meet that qualification, so that entire section is completely irrelevant.

>>306492
Go for it, but you'd be in for a hell of a lot of legal fees. Best chance would be to establish it in a country that doesn't subscribe to copyright laws.

>>306692
>you didn't win
>its everyone else thats wrong

Lmao holy shit I hate this fucking general

>>306710
What if I represent myself? Seems like a pretty straightforward case to argue. I know they wouldn't do shit because it's not worth it. We all know that. I'm crazy enough to go to court, let them prove their bullshit case to the judge. They will blink first. If Patreon pussies out over a fucking cease and desist and then everyone starts sending them, I'll step up.

>>306730
>What if I represent myself? Seems like a pretty straightforward case to argue.

When you represent yourself, you have a fool for a client. But ok, even if you do represent yourself, there will be court fees, which will add up to significant amounts, and you'll be at the beck and call of the courts for months or years if they want.

You really don't want to represent yourself though, it's not as easy as just TV makes it out, and a good lawyer (and these will be VERY good lawyers) can run circles around you by speaking complete legal gibberish. It'd be like trying to defend yourself in a country where you don't speak the language.

They may not care that much about you, but if they go to the trouble to take you to court then they'll go to the trouble to finish you off. They don't want to set the precedent of blinking first because then nobody will be afraid of them, and they can afford to waste money on your case to avoid the embarrassment.

Again, the only way to win is to avoid annoying them enough to call their attention in the first place.

>>306743
This problem is only going to get worse. Just giving up is not an option. We have to come up with an answer or it'll all be OC from here on out. I dunno about you, but I'd rather have options between R34 games and OC games.

>>305412
No

>>306763
I'd love that too, and I'm not saying nobody should make R34 content. I'm just saying two things here:

1. If someone gets a valid DMCA take-down and they choose to pull back, that is not them being weak, that is them being sensible, because the odds of them coming out ahead are pretty much nil. The only people who can reasonably prevail in a case like that are ones who are already independently wealthy and just want to prove the point at the expense of many thousands of dollars of their own money.

2. While I believe that the parody protection is real and important, and does legally protect most R34 art, it's important to clear up the lie that the parody protection hinges on whether the artist makes money or not. A "free" R34 artist has no more legal protection than a "paywall" R34 artist, none whatsoever. The only distinction between who gets bothered by the copyright holder and who does not is ENTIRELY based on how much the artist annoys them with their existence. If a completely free artist pisses them off enough, even if they haven't made a single penny, they can still get hammered just the same.

>>306783
Shut the fuck up already
No case of copyright is going to hold up if the person is not making money off of it
3 people told you already, stop fucking bringing it up
You're annoying

>>306791
Of course it will hold up, all the copyright holder has to show is that the work in question does not qualify as parody (a distinction that has nothing to do with money), and that it presents material harm to their brand.

Telling me to shut up doesn't make me wrong, it just means that you're annoyed that I'm right.

>>306795
Show me one case where someone went after a copyright suit while the defendant was doing it for a non-profit reason

>>306841
Bitch
Take ONE, that actually pertains to the situation with artist or games that were made for non-profit
and show me a fucking link or explain the case to me so that I don't have to copy paste and proof check your faggot ass

If only tropic worked this hard to fix bugs....

>>306850
Most such cases don't go to trial, so it's harder to find information on them. Doesn't mean they don't happen.

>>306870
Keep in mind that even in cases where the court found for the defendant, they still had to go through the expense of trials. It's not about whether they win the case, it's about whether the case would destroy a small artist in the process.

>>306956
You weren't able to find a single one that came even close to the matter at hand

That's saying something

>>306961
Court appointed lawyers and PRO-bono cases do exist, and if you wished to counter sue for defamation or liable lawyers wave the fee as long as they get a bigger portion at the end of the case

Take a consultation with a lawyer, you might learn something

>>306841
>Gaylord v.United States
Know wonder tropic is talking so much, he's speaking from experience

There is literally no reason for this general to be limited to male-protagonist-only games except for rank misogyny.

>>306977
Yeah, it means that they mostly give up before it goes to trial.

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Any non mega download links?

Trying to download the Russian Edition and I get some shit about not allowed to download over 1gb dispite the file is smaller than 1 gb.
Tried some of the other downloads and I get the same message.

>>307046
You can't find any evidence to back your claim
Just admit you're wrong

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>>307036

>>307072
Just pretend he doesn't exist

>>305920
Why would Patreon even entertain the risk of a suit when they can just shut down a single patreon account?

>>306992
Yes, you can get a pro-bono attorney, if it's a criminal case, but even then you might have to pay certain fees. If it's a civil case you're SoL.

>>307071
You can't find any evidence to back your claim
Just admit you're wrong

>>307036

http://strawpoll.me/6479042

Injustice was a shitty game anyway, who gives a fuck if it's probably done now.

>>307173
IF
YOU CAN'T FIND EVIDENCE
TO BACK YOUR CLAIM

JUST
ADMIT
YOU'RE
WRONG

>>307197
It was bad without a doubt, and I'm not going to mourn its loss, but at least it was something vaguely resembling a playable game that wasn't Witch Trainer or a Witch Trainer mod.

>>307182

Oh how the tables have turned.

>>306210
You want to go in front of a judge and describe how you jerk off to pictures of batgirl?

>>307218
If 4000 a month is at stake I would talk about how I jerk off to lolis too
I'll even give them a preview

>>305409
Since Injustice is getting the DMCA, I decided to give it a go. Can anyone give me some tips for money, because this shit seems like a massive grind.

>>305657
This makes me sad, Injustice had really good artwork.

>>307241
>Oh how the tables have turned.

Run minor cash heists. Even if it says 0% success rate you win about 1 in 3.

>>306692
>ignoring everyone else saying you're wrong is the same thing as being right

>>307205
IF
YOU CAN'T FIND EVIDENCE
TO BACK YOUR CLAIM

JUST
ADMIT
YOU'RE
WRONG

>>307283
It is when you're right and they're wrong.

>>306288
Link to guide, or vague name?

>>307290
https://www.youtube.com/watch?v=2aaubVlhNK4

Quick poll for /stg/

http://strawpoll.me/6479272

>>307036
Just make your own thread like Injustice did. No one can tell you to fuck off in your own thread...
Well I mean they can and will, but atleast the mods won't bother you.

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>>307343

>>307241
cheat engine

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Any news from heretic?

>>307353
Didn't Zone do a Tinkerbell version of this?
Alice in Wonder could be a great trainer game with the potential to fuck up increadibly..

>>307353

>no footjob
>no DVDA
>no handjobs

wasted potential

So does anyone have the latest roguelike version?

>>307347

it's ok micha i hate all namefags that post with trip w/o posting a game link

Hi guys, I'm watching for this general since Akabur's Witch Trainer release but it is first time, when I dicide to create

some content. So, last week I stumbled on a picture of feminine version of Draco Malfoy and i've got the idea of Malfoy's

route. I think that idea can be realised in Russian Edition, 4 Houses Edition, or in Silver. Well, that route becomes when

Hermione is beginning to do protaginist's requests. Malfoy breaks in the directors cabinet and trying to blackmail

protagonist, that he will report the Ministry of Magic about directors inappropriate behavior with students. When the

dialogue ends, Protagonist decides to not let Malfoy go, and stunning him with a random heavy bottle of potion from a

Dumldore's cupboard. So, bottle breaks and liquid from it spills on malfoy. Occures that this potion is a permanent gender

bendering potion, and Draco wakes as a girl. Malfoy promises that he will not report Minystry, if protagonist find the way

to change his body back, that's the deal. So, protagonist registeres Draco as student exchange from Russian school of

magic with a name - Malafya Drago (or Malfinya Drago, etc.) The magic hat directs Malfinya into the Hufflepuff, cause

sensing hidden love of Malfinya to cute and beautiful things. Malfinya is absolutely mad, but submiting.
So the feature of the feninine Malfoy's route is a training from pride girl with a man's mind into a girl which loves cute

girly things and guys, maybe even becoming a bimbo.
Malfinya becomes more girly from spending time with her new girlfriends from Hufflpuff, and from sessions with protagonist

"for helping him to change back". E.g. Protagonist periodically rubs a permanent breast expansion potion into a Malfinya's

breast, so in a late stage of relationships, Malfinya will have C or D cup from A at the beginning.

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Here is some art that I have: a model of Malfinya in comparison with a model of Hermione. I haven't any grafical devices,

so I draw with a mouse and because of that, by now I don't know how and when I'll draw a version with shadows and lights,

and emotions, but I think, that clothes without shadows and lights wouldn't be very hard.

>>307386
Quick question, will you be writing the scenes?

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I'm drawing character, maybe later i'll could to write something, I don't know by now. Meanwhile, Does anyone here who know some guids fo shadows, lights, cartoonish lips, etc?

>>307389
Answered in next post

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>>307389

>>307386
learn to

fucking use paragraphs

in your

fucking posts

fucking retard.

>>307241
Great news, if you can do it. Anyone else thinking of helping finishing the game ?

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A shirt, if anyone need this

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A skirt, if anyone need this

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A badge, if anyone need this

I hope, that even if I'll stuck with developing of character, my sketches could help to somebody. That's why I decided to post them/

>>307384
double 4chan /htg/

>>307405
That was my first post on imageboard, I'm not good at using things here.

>>307405
He doesn't speak English natively.

Do they ever update the image library or is that something we're supposed to do ourselves? If so, how do I do that?

>>307397
Great idea,mate. Keep it going.

>>307426
will at least you are trying something new

>>305412
since it's fucking creation some time last year, it's done absolutely nothing

every now and then some anon hops along and says they're making a game, and then it's back to hours of people just bumping the thread

>>307451
Didn't tropic just less than 4 days ago give us a fucking demo

>>307315
lolicon.legacywaste.org

>>307397
Nice, let's talk
I'm Russian edition developer
[email protected]

>>307464
Same of "living with hermione"?

>>307451
Eh, I occasionally make things with the image library. That has to count for something.

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>>307469
Whoops, screwed up the stockings.

>>307459
thx