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

[fitgirlbestgirl]

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.

Then why is your game full of cringy fake versions of brands/names/races(wtf)? You were literally the last person I expected to show up in a thread like this with a "lol do whatever you want" take.

 

[Pornfather 3000]

Then why is your game full of cringy fake versions of brands/names/races(wtf)? You were literally the last person I expected to show up in a thread like this with a "lol do whatever you want" take.

We change the names so that we aren't tied to real life places and events. Not b/c of parody lawsuits. The game isn't a parody.

Like, for example Batman and Gotham City. See it's based on New York which has the nick name Gotham but there is no Arkham Asylum in New York. B/C it's not based on the real New York you can put Arkham in Gotham. If they wanted to put palm trees in Gotham who are we to argue b/c it's not real, it's not New York, its Gotham. I don't know, how about another example, like Middle Earth, see not a real place so you can put in the shire and short little people of made up races running around with magic rings.

Furthermore, you can reference BADIK, Milfy City, Harem Hotel, WVM or DMD or Sunshine Love etc., on and on and on. All made up places, made up aps, businesses and even made up countries with made up laws. Why you single out our game out for this particular complaint is beyond me.

That's it.

Appreciate you playing the game though.

 

[WhitePhantom]

Its 100% legal.

You've got absolutely no idea what you're talking about.

Go and look up "Debbie Does Dallas", there's a very famous case where pornstars wore real copyrighted Dallas Cowboy Cheerleader uniforms for a "parody porno".

The Dallas Cowboys Cheerleaders didn't find it funny, and sued the porn producer.

They won with absolutely no problems whatsoever.

You cannot use another programmes IP without their permission. If you did something like "a hairstyle like Princess Leia", a metal bikini, in a desert and you called her "Layla", maybe you could get away with it (and when Brazzers etc do their "parodies" that is exactly what they do) because you're not actually using any "Star Wars" assets or IP. Once you get into the region where you're using a company's real intellectual property without their permission for a commercial gain (like 99% of "Parody" AVNs do), it is completely illegal, especially as having your IP featured pornography is considered defamatory and likely to cause damage to their brand.

Debbie Does Dallas was in the 1970s, Dr Seuss sued to stop a third party making a Dr Seuss/Startrek crossover comic, Dr Seuss won, that was 2017. The law is very solid in this department.

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

It is 100% illegal, you've got absolutely no idea what you're talking about. That point is like saying speeding is legal because you drive at 90mph in a 70mph zone every single day and you've never been caught and only 1 or 2 people ever get tickets? That doesn't change the legality of it.

Go and look at Dr Seuss Enterprises vs ComicMix LLC (Centred around taking the characters from, in this scenario Dr Seuss and Star Trek, and then making their own comic), it is very similar to what AVNs do, minus the porn part.

Again Court didn't have a problem siding with Dr Seuss Enterprises.

Debbie Does Dallas Case was in the 1970s, Dr Seuss Enterprises case was in 2017. The law hasn't changed.

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

And there's giant factories with dozens of employees out there making fake knock-off clothing, it doesn't make it legal just because there are big names doing it? Innocent Witches I learnt today has an 11 man team working on it, it is completely and utterly illegal, their art is amazing, but it you'd struggle to find a single part of their game that doesn't violate copyright law and that's an 11 person team making $20k+ a month on Patreon. If Warner Bros and JK Rowling decided to go after them, they'd be absolutely completely and utterly fucked without a leg to stand on...

If you want to go and look up "Parody Use in IP Law" and study IP Law, you'll find there's four primary pillars to using parody as a defence. One of them is "It must mimic the original point". Not a single copyright breaching game on this site would be considered legally a "parody", wouldn't even get close to it...

Just like real porn games, any Dev using another person's IP is flying under the radar and hoping they don't get caught, and they probably won't get caught, but that doesn't stop it being 100% illegal and they wouldn't have a leg to stand on.

 

[Count Morado]

So that is why she is so upset.........................
View attachment 1712908

I think you have misgendered that poor blond lad.

You've got absolutely no idea what you're talking about.

Go and look up "Debbie Does Dallas", there's a very famous case where pornstars wore real copyrighted Dallas Cowboy Cheerleader uniforms for a "parody porno".

The Dallas Cowboys Cheerleaders didn't find it funny, and sued the porn producer.

They won with absolutely no problems whatsoever.

You cannot use another programmes IP without their permission. If you did something like "a hairstyle like Princess Leia", a metal bikini, in a desert and you called her "Layla", maybe you could get away with it (and when Brazzers etc do their "parodies" that is exactly what they do) because you're not actually using any "Star Wars" assets or IP. Once you get into the region where you're using a company's real intellectual property without their permission for a commercial gain (like 99% of "Parody" AVNs do), it is completely illegal, especially as having your IP featured pornography is considered defamatory and likely to cause damage to their brand.

Debbie Does Dallas was in the 1970s, Dr Seuss sued to stop a third party making a Dr Seuss/Startrek crossover comic, Dr Seuss won, that was 2017. The law is very solid in this department.



It is 100% illegal, you've got absolutely no idea what you're talking about. That point is like saying speeding is legal because you drive at 90mph in a 70mph zone every single day and you've never been caught and only 1 or 2 people ever get tickets? That doesn't change the legality of it.

Go and look at Dr Seuss Enterprises vs ComicMix LLC (Centred around taking the characters from, in this scenario Dr Seuss and Star Trek, and then making their own comic), it is very similar to what AVNs do, minus the porn part.

Again Court didn't have a problem siding with Dr Seuss Enterprises.

Debbie Does Dallas Case was in the 1970s, Dr Seuss Enterprises case was in 2017. The law hasn't changed.



And there's giant factories with dozens of employees out there making fake knock-off clothing, it doesn't make it legal just because there are big names doing it? Innocent Witches I learnt today has an 11 man team working on it, it is completely and utterly illegal, their art is amazing, but it you'd struggle to find a single part of their game that doesn't violate copyright law and that's an 11 person team making $20k+ a month on Patreon. If Warner Bros and JK Rowling decided to go after them, they'd be absolutely completely and utterly fucked without a leg to stand on...

If you want to go and look up "Parody Use in IP Law" and study IP Law, you'll find there's four primary pillars to using parody as a defence. One of them is "It must mimic the original point". Not a single copyright breaching game on this site would be considered legally a "parody", wouldn't even get close to it...

Just like real porn games, any Dev using another person's IP is flying under the radar and hoping they don't get caught, and they probably won't get caught, but that doesn't stop it being 100% illegal and they wouldn't have a leg to stand on.

I rarely agree with WhitePhantom, but ...

 

[Pornfather 3000]

You've got absolutely no idea what you're talking about.

Go and look up "Debbie Does Dallas", there's a very famous case where pornstars wore real copyrighted Dallas Cowboy Cheerleader uniforms for a "parody porno".

The Dallas Cowboys Cheerleaders didn't find it funny, and sued the porn producer.

They won with absolutely no problems whatsoever.

You cannot use another programmes IP without their permission. If you did something like "a hairstyle like Princess Leia", a metal bikini, in a desert and you called her "Layla", maybe you could get away with it (and when Brazzers etc do their "parodies" that is exactly what they do) because you're not actually using any "Star Wars" assets or IP. Once you get into the region where you're using a company's real intellectual property without their permission for a commercial gain (like 99% of "Parody" AVNs do), it is completely illegal, especially as having your IP featured pornography is considered defamatory and likely to cause damage to their brand.

Debbie Does Dallas was in the 1970s, Dr Seuss sued to stop a third party making a Dr Seuss/Startrek crossover comic, Dr Seuss won, that was 2017. The law is very solid in this department.



It is 100% illegal, you've got absolutely no idea what you're talking about. That point is like saying speeding is legal because you drive at 90mph in a 70mph zone every single day and you've never been caught and only 1 or 2 people ever get tickets? That doesn't change the legality of it.

Go and look at Dr Seuss Enterprises vs ComicMix LLC (Centred around taking the characters from, in this scenario Dr Seuss and Star Trek, and then making their own comic), it is very similar to what AVNs do, minus the porn part.

Again Court didn't have a problem siding with Dr Seuss Enterprises.

Debbie Does Dallas Case was in the 1970s, Dr Seuss Enterprises case was in 2017. The law hasn't changed.



And there's giant factories with dozens of employees out there making fake knock-off clothing, it doesn't make it legal just because there are big names doing it? Innocent Witches I learnt today has an 11 man team working on it, it is completely and utterly illegal, their art is amazing, but it you'd struggle to find a single part of their game that doesn't violate copyright law and that's an 11 person team making $20k+ a month on Patreon. If Warner Bros and JK Rowling decided to go after them, they'd be absolutely completely and utterly fucked without a leg to stand on...

If you want to go and look up "Parody Use in IP Law" and study IP Law, you'll find there's four primary pillars to using parody as a defence. One of them is "It must mimic the original point". Not a single copyright breaching game on this site would be considered legally a "parody", wouldn't even get close to it...

Just like real porn games, any Dev using another person's IP is flying under the radar and hoping they don't get caught, and they probably won't get caught, but that doesn't stop it being 100% illegal and they wouldn't have a leg to stand on.

Who is talking about using their actual IP? I didn't. Barking up the wrong tree mate. Please don't puts words in my mouth or speak for me. Your speaking in absolutes, "100% illegal". The cases listed above each have their particulars.

If you make a game called Star Conflict using Daz assets and had a dude named Danny who was lonely on a desert planet, and he flew off and joined a girl named Lana and Harry and their dog named Spot to overthrow an empire that your father Vinnie runs and everyone wears similar but not exact clothing...I'm 99% (even 100%) sure your safe. The flip side if you are naming the characters the same and the plot is the same etc. Yeah, you are likely f'd. If you use real scenes or comics or anything else from Star Wars you're f'd.

The below is not absolute and you are painting with a very broad brush It's why SNL is legal and its also why other parodies CAN be legal. There is a Star Trek Parody (Night with Crusher or something) on here that does mock the series. Based on the below I would say they are safe. You'd be hard pressed to prove that Star Trek's market value was effected by that game and aren't using comic book art or scenes from the movies or cartoons. Notice the code keeps talking about original work.

A parody takes a piece of creative work–such as art, literature, or film–and imitates it in an exaggerated, comedic fashion. Parody often serves as a criticism or commentary on the original work, the artist who created it, or something otherwise connected to the work. In the United States, parody is protected by the

You must be registered to see the links

as a form of expression. However, since parodies rely heavily on the original work, parodists rely on the

You must be registered to see the links

exception to combat claims of

You must be registered to see the links

infringement. The fair use exception is governed by the factors enumerated in

You must be registered to see the links

of the Copyright Act: (1) the purpose and character of the use; (2) the nature of the original work; (3) the amount and substantiality of the original work used; and (4) the effect on the market value of the original work. Generally, courts are more likely to find that a parody qualifies as fair use if its purpose is to serve as a social commentary and not for purely commercial gain.

Anyway, I've no doubt you'll disagree. Shrug.

 

[Count Morado]

Who is talking about using their actual IP? I didn't. Barking up the wrong tree mate. Please don't puts words in my mouth or speak for me. Your speaking in absolutes, "100% illegal". The cases listed above each have their particulars.

If you make a game called Star Conflict using Daz assets and had a dude named Danny who was lonely on a desert planet, and he flew off and joined a girl named Lana and Harry and their dog named Spot to overthrow an empire that your father Vinnie runs and everyone wears similar but not exact clothing...I'm 99% (even 100%) sure your safe. The flip side if you are naming the characters the same and the plot is the same etc. Yeah, you are likely f'd. If you use real scenes or comics or anything else from Star Wars you're f'd.

The below is not absolute and you are painting with a very broad brush It's why SNL is legal and its also why other parodies CAN be legal. There is a Star Trek Parody (Night with Crusher or something) on here that does mock the series. Based on the below I would say they are safe. You'd be hard pressed to prove that Star Trek's market value was effected by that game and aren't using comic book art or scenes from the movies or cartoons. Notice the code keeps talking about original work.

A parody takes a piece of creative work–such as art, literature, or film–and imitates it in an exaggerated, comedic fashion. Parody often serves as a criticism or commentary on the original work, the artist who created it, or something otherwise connected to the work. In the United States, parody is protected by the

You must be registered to see the links

as a form of expression. However, since parodies rely heavily on the original work, parodists rely on the

You must be registered to see the links

exception to combat claims of

You must be registered to see the links

infringement. The fair use exception is governed by the factors enumerated in

You must be registered to see the links

of the Copyright Act: (1) the purpose and character of the use; (2) the nature of the original work; (3) the amount and substantiality of the original work used; and (4) the effect on the market value of the original work. Generally, courts are more likely to find that a parody qualifies as fair use if its purpose is to serve as a social commentary and not for purely commercial gain.

Anyway, I've no doubt you'll disagree. Shrug.

As a person who has received a cease and desist request from a law firm from the UK for a small little one act play that was a parody I hadn't even started writing yet - only promoting - in a small little town the the United States over copyright and IP concerns, I can tell you that you are most likely wrong. The play in question wasn't even parodying the claimant's IP, but was parodying the same content they had already had success in parodying. Thankfully, my response to that firm was accepted rather than them pressing the issue, because I would have folded my attempts.

There are a lot of factors involved with proving fair use - the question is, if a complaint is filed, do you have have the legal wherewithal and/or funds to stave off a major law firm if they decide to pursue.

EDIT: I will agree that most won't bother with some little game/VN - however, if it got noticed and/or the IP owner became vociferous in the defense of their product, that is a different story.

 

[Pornfather 3000]

As a person who has received a cease and desist request from a law firm from the UK for a small little one act play that was a parody I hadn't even started writing yet - only promoting - in a small little town the the United States over copyright and IP concerns, I can tell you that you are most likely wrong. The play in question wasn't even parodying the claimant's IP, but was parodying the same content they had already had success in parodying. Thankfully, my response to that firm was accepted rather than them pressing the issue, because I would have folded my attempts.

There are a lot of factors involved with proving fair use - the question is, if a complaint is filed, do you have have the legal wherewithal and/or funds to stave off a major law firm if they decide to pursue.

Well, instead of sitting here arguing with you guys over this I'm going to go a wank to all of these parodies on Pornhub you all say are illegal before they get sued .

You must be registered to see the links

 

[Pornfather 3000]

And these...

 

[Pornfather 3000]

Or...

 

[Count Morado]

Well, instead of sitting here arguing with you guys over this I'm going to go a wank to all of these parodies on Pornhub you all say are illegal before they get sued .

"just because everyone else is doing it" is not a valid legal defense strategy in any court of law.

You're being obtuse and obstinate just for the sake of being so. Many of the "examples" you are screenshotting have law firms vetting every major decision regarding the product. They just don't make them flippantly. Nearly everything you see on SNL is vetted by their attorneys. You hear John Oliver and Stephen Colbert talking all the time about what their corporate legal departments say they can and cannot say/do.

Are you safe if you make little-to-no money or stay out of the limelight? Most likely so. However, if a light is shined in your direction, do you have the legal team and/or finances to stand your ground against IP attorneys billing 4-figures an hour to their clients?

There is plenty of literature on the subject:

• You must be registered to see the links
  which actually states legal precedence to come to the summation that:
  

  "But as the majority of the cases show, simply calling something a parody does not make it so, just as calling wholesale copying of another’s work “fair use” is not a magic trump card that makes it legal."

• You must be registered to see the links
  looking at the loss on "Fair Use" of one Porn XXX Parodies that is missing from the screenshots you trot out:
  

  Twilight begat Twilight fanfic, which begat Fifty Shades of Grey, which begat Fifty Shades porn, which begat the inevitable lawsuit. Now there’s one fewer shade of copyright infringement in the endless wormhole of knockoffs.

• You must be registered to see the links
  melts the "fair use" argument as well.

• And while this isn't a court case, simple cease and desist orders - it addresses similar arguments as have been made here about "Fair Use":
  You must be registered to see the links

• Hell, even puppets need legal counsel:
  You must be registered to see the links

 

[Joshua Tree]

Or...
View attachment 1713152

View attachment 1713161

Spaceballs is probably the only one you linked that actually get covered as being actual parody. transformative use for comedic value...

Also... In regard of Weird Al.. In case you didn't know. He ALWAYS ask permission from the copyright holder/author of the songs he make parodies of.

 

[JHorcoc6]

Generally, copyright isn't an issue if something is a parody.

From

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, "A number of appellate decisions have recognized that a parody may be a protected fair use." Since it says "may" it sounds like it is fairly subjective and open to interpretation but generally it seems that parodies are accepted. Here is another

You must be registered to see the links

on the subject.

 

[Joshua Tree]

Generally, copyright isn't an issue if something is a parody.

Parody need to include the essence of actual parody though. Transformative comedic value... Make a scene of Princess Leia and Luke fuck each other, is not parody without context. It doesn't land under fair use either.

You must be registered to see the links

 

[Pornfather 3000]

"just because everyone else is doing it" is not a valid legal defense strategy in any court of law.

You're being obtuse and obstinate just for the sake of being so. Many of the "examples" you are screenshotting have law firms vetting every major decision regarding the product. They just don't make them flippantly. Nearly everything you see on SNL is vetted by their attorneys. You hear John Oliver and Stephen Colbert talking all the time about what their corporate legal departments say they can and cannot say/do.

Are you safe if you make little-to-no money or stay out of the limelight? Most likely so. However, if a light is shined in your direction, do you have the legal team and/or finances to stand your ground against IP attorneys billing 4-figures an hour to their clients?

There is plenty of literature on the subject:

• You must be registered to see the links
  which actually states legal precedence to come to the summation that:

• You must be registered to see the links
  looking at the loss on "Fair Use" of one Porn XXX Parodies that is missing from the screenshots you trot out:

• You must be registered to see the links
  melts the "fair use" argument as well.

• And while this isn't a court case, simple cease and desist orders - it addresses similar arguments as have been made here about "Fair Use":
  You must be registered to see the links

• Hell, even puppets need legal counsel:
  You must be registered to see the links

I have plenty more examples...
Black Mirror - USS Calister
Galaxy Quest
The IT Crowd "Reynholm vs Reynholm

The point is its not 100% illegal as was stated. Yes, if you are going to do it have lawyers. Goes back to my original point, a Dev should do a cost benefit analysis. Yes, it's always good to ask permission first in these cases.

If it was me, like you, it's not worth the hassle or trouble. If I did a parody or anything remotely like it I would give it away for free, I'd change names, places people etc. and throw in a disclaimer to boot. Maybe that wouldn't be enough and you'd still get a C&D and if it was me I'd liekly stop b/c I don't have the time/energy or money to fight about it just like you.

And Lucas Films failed in their law suit opening up the pandoras box you see in the screen shots above...

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