Any occurence of a game taken down because of legal issues?

[Glacial_cry]

Im talking about Html games that uses porn clips/pictures, or VNs that uses Honey Select etc.

If not, can you comment on the chances of that happening ever, and what exactly do you think could possibly be the triggering event/threshold?

 

[Chalker]

Im talking about Html games that uses porn clips/pictures, or VNs that uses Honey Select etc.

If not, can you comment on the chances of that happening ever, and what exactly do you think could possibly be the triggering event/threshold?

Using things like honey select? Extremely slim chance, but not impossible if the creators gets pissed enough.

Porn clips? I'd assume it would become a problem if you got big enough and flew into the radar of the license holders.

The thing you have to worry about is intellectual property and owners of like Nintendo, who are active on ceasing such projects. An example is Peaches untold tale which got a cease and desist from Nintendo.

 

[Wankyudo]

The chance is not zero. Nobody can tell you if it's going to happen to you or not if you do an html game with porn clips; because none of us work at the studios and know whether/when they are going to crack down on games that use their content. They haven't yet; but that doesn't mean that they are not going to.

If you make a html game using their clips and then try to find ways to monetize it though; then there's always the chance of them C&D'ing you.

 

[Gwedelino]

Using things like honey select? Extremely slim chance, but not impossible if the creators gets pissed enough.

Porn clips? I'd assume it would become a problem if you got big enough and flew into the radar of the license holders.

The thing you have to worry about is intellectual property and owners of like Nintendo, who are active on ceasing such projects. An example is Peaches untold tale which got a cease and desist from Nintendo.

I've also heard about :
https://f95zone.to/threads/leaf-on-fire-v0-2-02-thunder-one.4213/

Seems like people making Nintendo games are playing with fire.

 

[Glib_Gentleman]

Im talking about Html games that uses porn clips/pictures, or VNs that uses Honey Select etc.

It is worth noting that a lot of places like Patreon are starting to crack down on "real porn" games, requiring model releases, etc. and they will probably get more strict in the future.

If not, can you comment on the chances of that happening ever, and what exactly do you think could possibly be the triggering event/threshold?

Triggering threshold is always when you start getting popular and/or start making a lot of money off your game.

A game can fly under the radar for years as long as not many people know about it, but the more popular it gets, the more likely it is for someone to see it who either works for the party you are infringing upon, or who will report it to the party you are infringing upon.

 

[HarveyD]

I've also heard about :
https://f95zone.to/threads/leaf-on-fire-v0-2-02-thunder-one.4213/

Seems like people making Nintendo games are playing with fire.

Nintendo is one of the most aggressive when it comes to defending its IP. Sometimes they even Copyright Strike themselves on youtube.

 

[Glacial_cry]

Porn clips? I'd assume it would become a problem if you got big enough and flew into the radar of the license holders.

If you make a html game using their clips and then try to find ways to monetize it though; then there's always the chance of them C&D'ing you.

A game can fly under the radar for years as long as not many people know about it, but the more popular it gets, the more likely it is for someone to see it who either works for the party you are infringing upon, or who will report it to the party you are infringing upon.

Using your own knowledge and common sense on this topic(i have never created something of "my own" with the intention of selling/making money out of, so i have almost zero experience with this stuff myself), how likely it would be for them to get real aggressive and demand millions of dollars right off the bat?

I mean, is "cease and desist" is how these things usually go? And what it really means? Would i have to give out all the money i have made using their content(or maybe like a partial agreed-upon sum)?



Thank you.

 

[Count Morado]

Using your own knowledge and common sense on this topic(i have never created something of "my own" with the intention of selling/making money out of, so i have almost zero experience with this stuff myself), how likely it would be for them to get real aggressive and demand millions of dollars right off the bat?

I mean, is "cease and desist" is how these things usually go? And what it really means? Would i have to give out all the money i have made using their content(or maybe like a partial agreed-upon sum)?

Thank you.

You are asking a bunch of people you don't know on an adult game site for legal advice. Copyright laws are slightly different in every country. If you have serious questions, you need to talk to an actual attorney. Even people here with backgrounds in legal support and/or are licensed to practice law will not do so on here because of all the extenuating circumstances, dispensing legal advice to a non-client, etc.

The sheer fact that you are asking on here and reluctant to get the advice of an attorney who specializes in IP/Copyright law is a red flag to me that you should probably try another way to develop whatever you are wanting to develop.

However, these two pages may be helpful for you to start your search for adequate legal counsel:

You must be registered to see the links

You must be registered to see the links

 

[anne O'nymous]

It is worth noting that a lot of places like Patreon are starting to crack down on "real porn" games, requiring model releases, etc. and they will probably get more strict in the future.

They have the legal obligation to do it, due to Law changes in (but not only) EU, that force any creator to prove that the models are adults and fully consenting.


As for OP question, there's also Disney that like to strike. I don't remember its name, but a game featuring the Star Wars universe also had to make changes because of this.

 

[Wankyudo]

Using your own knowledge and common sense on this topic(i have never created something of "my own" with the intention of selling/making money out of, so i have almost zero experience with this stuff myself), how likely it would be for them to get real aggressive and demand millions of dollars right off the bat?

I mean, is "cease and desist" is how these things usually go? And what it really means? Would i have to give out all the money i have made using their content(or maybe like a partial agreed-upon sum)?



Thank you.

I can't/am not going to give you an actual metric because like Count Morado says; the laws are different from country to country and a good portion of it also depends on the company that holds the copyright (Ex. Nintendo and the aforementioned Disney.) The brass tacks of your question isn't "How often does it happen?" but rather "How protected am I in doing this? (Whether it's frequent occurence, loopholes in copyright law, etc.) and the answer to that question is..well...none. There's zero protection for anyone doing any form of real porn game. Rule of thumb is if you're going to make a game that's based off of/uses the intellectual property of another company, Treat the game like it is on borrowed time. Either a year, a decade, a century, whatever. If the company decides they don't like you, it's done.

And in terms of the C&D, that's another "it's based off of the company." If they say you owe them the proceeds of the game for using their intellectual property; then you owe them the proceeds of your game. Morado said it best. If you have serious questions, you need to talk to an actual attorney. Us randos on the internet don't know the copyright laws wherever you're at and any answer you get on here is going to be either doom and gloom from us telling you how copyright laws works; or worse, someone blows smoke up your ass and tells you "It's fine, just do it!" because it's not them that can get fucked if things go south.