Aren't Devs scared of being sued by the owners of the franchises they reflect on their games?

[polywog]

Not talking about their trademark...

You can look it up, how the original Mickey cartoons should have gone into the Public Domain years ago, yet Disney fought to avoid that from happening... They became an example of an exception to the rule...

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Zip

Money = power. you can be sued for anything, even if you are in the right, they can drag you into court for 30 years.
If you can't afford to fight back, you will lose. SO... when any rich person declares, that they will sue, and put the court through millions in costs, it by default becomes law.

 

[Zippity]

when any rich person declares, that they will sue, and put the court through millions in costs, it by default becomes law.

That is so not true... Just because someone gets sued and it involved a high cost to the court system, that does not default it into becoming law... That makes no sense...

Laws are only put into place through the Executive/Legislative branch of government... The courts, more so the Supreme Court, are designed only to interpret laws already put into place through other means... When a lawyer uses a prior case in a legal argument, even that does not make it law... It is used to show an example of how one case decided on an interpretation of law in comparison to a current case... Only higher courts can make the determination if a prior case decision is lawful and/or Constitutional, and therefore interpreted one way or the other, in comparison to a Law already on the books, or if a law is Constitutional in and of itself... Laws are not designed and put into place by a law suit, regardless of cost... Court outcomes do not make laws, they are just examples of various interpretations of the law... With the Supreme Court's decisions being the strictest form of that interpretation...

Zip

 

[polywog]

That is so not true... Just because someone gets sued and it involved a high cost to the court system, that does not default it into becoming law... That makes no sense...

Laws are only put into place through the Executive/Legislative branch of government... The courts, more so the Supreme Court, are designed only to interpret laws already put into place through other means... When a lawyer uses a prior case in a legal argument, even that does not make it law... It is used to show an example of how one case decided on an interpretation of law in comparison to a current case... Only higher courts can make the determination if a prior case decision is lawful and/or Constitutional, and therefore interpreted one way or the other, in comparison to a Law already on the books, or if a law is Constitutional in and of itself... Laws are not designed and put into place by a law suit, regardless of cost... Court outcomes do not make laws, they are just examples of various interpretations of the law... With the Supreme Court's decisions being the strictest form of that interpretation...

Zip

Law is not black and white. It evolves with every court decision. If you have the million+ dollars it takes to get in the door of the supreme court, you can get a final say, and a maybe... is it worth it?

I have never sued anyone over copyright, and I have created millions of images, but that's me. I don't rest on my past work, I continue creating new art. But there are cucks out there that are only good for one or two copyrights and they hope to cash in on that for the rest of their lives. I pity them. I don't care what you do with my stories, my art, my music... when I release it to the public it is set free.... to live a life of it's own. I make money off it for a small window, sometimes surprised by royalties picking up a few years later, but nothing is meant to last forever. Sometimes I even enjoy seeing my work used by others. How it has evolved, how it inspired. I was blessed many times over, had more than my share of all that life has to offer... being gifted... I give, i share, it doesn't cost me a cent... I can't take it with me.

 

[polywog]

 

[Master Duck79]

What if a developer create a parody game of a show like rick and morty make some money from it and then decide to stop and deletes his patreon account

Then the owners of the show found out about the game from pirate sites and decide to find the dev who created the game and sue him can they do that after the dev already taken down the game from his patreon?

I dont think that anyone would go to search to find the guy and sue him but im wondering if can legaly sue him

 

[EpicLust]

Mmmh, is this bad for the DC brand?
Am I going to get in trouble?

 

[WhitePhantom]

What if a developer create a parody game of a show like rick and morty make some money from it and then decide to stop and deletes his patreon account

Then the owners of the show found out about the game from pirate sites and decide to find the dev who created the game and sue him can they do that after the dev already taken down the game from his patreon?

I dont think that anyone would go to search to find the guy and sue him but im wondering if can legaly sue him

Yes, it is very unlikely they would find him, but (provided Jurisdiction isn't a problem) they absolutely they could sue him.

When you're infringing on somebody else's copyright, they can effectively take all of your earnt income from said copyright infraction. They can also go further and sue you for damages to their brand. So the company could reasonably sue for 100% of income earned from Patreon, plus legal fees and costs incurred, plus a victim surcharge/damages. Now this doesn't guarantee they'd get it, but they could do depending on the Judge and the severity of the copyright impeachment. There's currently a big case in the UK High Court involving Ed Sheeran and "Shape of You", he hasn't been able to claim a penny of revenue from that song since the case was first filed, and there's now millions at stake because of how popular it was due to the copyright claim.

Dallas Cowboys Cheerleaders ("Debbie Does Dallas") is a leading case on copyright in porn. Basically a porno was centred around "fake Dallas Cheerleaders wearing real Dallas cheerleading uniforms", the Courts ruled fairly easily it was prohibited and there was no "parody" or "fair use" argument for using it.

So yeah, they definitely could sue them in that scenario.

Would they though? No. Why bother really? You wouldn't know how much he/she even earnt until you'd already paid your legal team to start digging, you don't know what jurisdiction he/she's in, Dev might be dead. More likely they'd just fire cease and desist at the hosts and get the download links scrubbed. If they had a lawyer hell-bent on getting them though and the jurisdiction wasn't a problem, they absolutely could go after them.

 

[Hadley]

Its 100% legal. There are porn parodies for Star Wars and lots of other franchises.

 

[Joshua Tree]

Yes, it is very unlikely they would find him, but (provided Jurisdiction isn't a problem) they absolutely they could sue him.

When you're infringing on somebody else's copyright, they can effectively take all of your earnt income from said copyright infraction. They can also go further and sue you for damages to their brand. So the company could reasonably sue for 100% of income earned from Patreon, plus legal fees and costs incurred, plus a victim surcharge/damages. Now this doesn't guarantee they'd get it, but they could do depending on the Judge and the severity of the copyright impeachment. There's currently a big case in the UK High Court involving Ed Sheeran and "Shape of You", he hasn't been able to claim a penny of revenue from that song since the case was first filed, and there's now millions at stake because of how popular it was due to the copyright claim.

Dallas Cowboys Cheerleaders ("Debbie Does Dallas") is a leading case on copyright in porn. Basically a porno was centred around "fake Dallas Cheerleaders wearing real Dallas cheerleading uniforms", the Courts ruled fairly easily it was prohibited and there was no "parody" or "fair use" argument for using it.

So yeah, they definitely could sue them in that scenario.

Would they though? No. Why bother really? You wouldn't know how much he/she even earnt until you'd already paid your legal team to start digging, you don't know what jurisdiction he/she's in, Dev might be dead. More likely they'd just fire cease and desist at the hosts and get the download links scrubbed. If they had a lawyer hell-bent on getting them though and the jurisdiction wasn't a problem, they absolutely could go after them.

As Patreon is a US based company. They can issue a take down request to Patreon and then leave it in the hands of Patreon to get it off their site though. Which is more likely scenario, than go after a creator on Pateron itself that might live in another country that might get it harder to go after them. If the creator reside in the US or a country that make it easier to go after them, they still could though. Just look at how the music industry went after people for "music piracy" left right and center not that many years ago.

 

[Joshua Tree]

Its 100% legal. There are porn parodies for Star Wars and lots of other franchises.

That's like say a crime is legal because no one get caught doing that spesific crime.. If you want to back up your statement you need to provide law text and examples of why its legal.

 

[blorp-blorp]

It really depends on where you're situated and where said company is situated. Laws differ from country to country, same with platforms and the like.

In the USA, there's things like parody laws, free speech, and fair use (among other things I believe). As long as it's clear it's a parody and not word-for-word ripped from the source it's usually fine.

Also take into consideration how aggressive the company/people behind the IP are. Are you talking Nintendo levels of petty or perhaps SEGA? Some people/companies can and will sue everyone that even attempts something in a similar vein (see: the lady that wrote Twilight. She literally has sued fanfic authors when her IP was originally a fanfic!) so it's important to look at that, too.

 

[Joshua Tree]

It really depends on where you're situated and where said company is situated. Laws differ from country to country, same with platforms and the like.

In the USA, there's things like parody laws, free speech, and fair use (among other things I believe). As long as it's clear it's a parody and not word-for-word ripped from the source it's usually fine.

Also take into consideration how aggressive the company/people behind the IP are. Are you talking Nintendo levels of petty or perhaps SEGA? Some people/companies can and will sue everyone that even attempts something in a similar vein (see: the lady that wrote Twilight. She literally has sued fanfic authors when her IP was originally a fanfic!) so it's important to look at that, too.

Yeah Nintendo is fanatics. Just look at how they gone after youtubers over the years for cover their content. Also Parody got limitations too...

" an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect."

Turning things into porn, doesn't create that "comic effect" without context..

 

[blorp-blorp]

Yeah Nintendo is fanatics. Just look at how they gone after youtubers over the years for cover their content. Also Parody got limitations too...

" an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect."

Turning things into porn, doesn't create that "comic effect" without context..

Oh definitely. It's best to err on the side of caution with these things.

 

[Pornfather 3000]

That's like say a crime is legal because no one get caught doing that spesific crime.. If you want to back up your statement you need to provide law text and examples of why its legal.

Do a Porn Hub search.

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[Joshua Tree]

Do a Porn Hub search.

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So you mean just because there is a porn parody, it must be legal? You will find this is murky waters that at large goes on a case by case basis.. and if the copyright holders is willing to go the distance..

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[fitgirlbestgirl]

You're 50 times more likely to run into trouble with Patreon because of their "ethics" guidelines than you are being sued by some billion dollar company because you made a fucky fucky game with their characters. With all the popular and financially successful parody games, I have never seen any sign of legal trouble. Does that mean it's super legal and safe? No. But if it's something you want to do the risks seem pretty minimal.

 

[Mystic]

Scared! The only thing I'm scared of is the shit content I produce! Now that shit... that shit horrifies me.

 

[おい！]

Mmmh, is this bad for the DC brand?
Am I going to get in trouble?

View attachment 1710450

So that is why she is so upset.........................

 

[Pornfather 3000]

So you mean just because there is a porn parody, it must be legal? You will find this is murky waters that at large goes on a case by case basis.. and if the copyright holders is willing to go the distance..

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Just b/c a couple of cases when against a defendant does not mean its illegal.

There stuff out there using Marvel, DC, Disney on and on and on by large studios.

Dev's are more likely to have their rigs die on them or be struck by lighting than be sued by someone over their shitty little Renpy parody game.

But I suppose everyone should do their own cost benefit analysis.

 

[Joshua Tree]

Just b/c a couple of cases when against a defendant does not mean its illegal.

There stuff out there using Marvel, DC, Disney on and on and on by large studios.

Dev's are more likely to have their rigs die on them or be struck by lighting than be sued by someone over their shitty little Renpy parody game.

But I suppose everyone should do their own cost benefit analysis.

It's far more beneficial for them to go after Patreon with take down orders, and then have Patreon ban the creator.
I'm quite sure if you start dig, you will find its more than just a couple cases. Example cases used in an article doesn't mean those are the only ones.