VN Ren'Py Being a DIK [v0.10.1] [Dr PinkCake]

[JETracktor]

Quinn rapes the MC

As the wise one once said

 

[dalli_x]

I know the different law types and in this case, they will work for DPC. To different them you can say

Criminal law means, everything is allowed until it's forbidden by law,
Civil law means, everything is forbidden until it's allowed by law (and this also means by the civil owner).

The band gave their allowance by using the specific license when uploading the song. So DPC was allowed to use it cause the owner allowed it (yes by civil law, yes cause no breaking criminal law). If they say years (!!!) later that it wasn't meant so, has no effect for previous uses. The moment the change the license they revoke the allowance (using civil law) and usage against their terms after this will cause problems (civil law).

To sue someone getting royalty money for previous use, they have to prove that it was clear the license the used was accidentally selected, this will work in rare cases but i don't think it will work here.

Again. You're making this all too easy. If the commercial use was only allowed on the one music platform in the country of origin of the music platform, the commercial use could also only have been intended for this country. If now DPC headquarters is in another country, so license could be due.

There is no point in discussing this further, because the law, regardless of the country, can be bent to suit your needs.

 

[AchedCroissant]

As the wise one once said

View attachment 1992883

Dalli doesn't say it, science says it

 

[DrSoong]

There is no point in discussing this further, because the law, regardless of the country, can be bent to suit your needs.

Yes, maybe, there were clear contracts that had been denied by court (not referring this case) even the two parties signed them before and one later claimed the contract he signed as invalid. But i think, if there is a trial, DPC would win it, not mention the fame the band got by used their song in the game. But now (in the new versions) the song is gone, we have to deal with it.

 

[felicemastronzo]

And it took them 4 years without changing the license? Pardon, but that's bullshit, if someone (not necessary the band itself but someone owning the rights) want's to make money, they
1) have to use the right license or correct it ASAP
2) should answer in a appropriate period
so that it's clear that the music isn't royalty free. If they don't, they loose the right to demand royalties for the period until they make it clear, if they don't take care of their property they have to deal with the consequence (this is why sometimes companies, without using their technology themself, sues copycats cause when they don't, they will loose their technology).

DPC didn't write clearly if they only want to remove the music cause of the type of the game or they wanted money which he wasn't ready to give, so we only can guess about the motives. I will keep my old 0.8.2 music, this was what DPC selected for his game.

in my opinion if the group had clearly misbehaved an extremely proud guy like DPC something would have been made clear (unless we want to consider the invitation not to react as an indirect invitation to do so, very passive aggressive)

the fact that they didn't like PDC's use of their song (necessarily related to the kind of game that BADIK is) may also just be the formal reason

DPC with the fact that formally he had never had any response had to agree, but still on his part it doesn't even make any sense to make a fuss, he liked that song mainly because it was free

then I agree with you: the money for the past 4 years they can dream about it without any possibility of hanging on to anything

imagine millionaire contentions is fan service

 

[Oliver Wendell Homely]

Yes, maybe, there were clear contracts that had been denied by court (not referring this case) even the two parties signed them before and one later claimed the contract he signed as invalid. But i think, if there is a trial, DPC would win it, not mention the fame the band got by used their song in the game. But now (in the new versions) the song is gone, we have to deal with it.

The last thing DPC wants is any legal action re this game. Mostly because, I suspect, he likes his anonymity. If he goes to court, suddenly his identity, location, and other personal details become part of a public record. We've been talking about musicians not wanting to have their names and works tied to porn. We must not forget that the developers themselves all use aliases and are completely unknown to the public.

 

[Darkwen]

You must be registered to see the links

I rarely have to post bad news, but today I must, so let's get it out of the way.

I've been asked to remove all songs from The Friday Prophets from the game.

When I downloaded their songs from Soundcloud, they were uploaded with the CC BY-SA 3.0 license, making them free to use commercially, but this usage wasn't what they intended.

I reached out to them four years ago about using their songs, and I got my reply this week asking me not to use their music and to remove anything I had added since.

It's sad for all of us, for me, the game, and fans, since the songs have grown to become iconic during that time. No replacement to Punk Rock Flu will give the same nostalgic feeling when you start the game or a new episode, at least not for many more future episodes and years to come.

I will respect their copyright and remove all their songs from Seasons 1/2, and 3.

Please, I ask you not to direct any negativity toward them because of this decision.

I truly believed I used their songs in good faith because of the licenses, and it's unfortunate for everyone that it came to this.

I tried my best to replace the songs with similar tunes to preserve the college feeling of the game. We'll see what happens in the future regarding the title song.

Patch v0.8.3 is live
I had to work with preparing new builds for Steam/GOG/Patreon this week, which isn't all that bad since it gave me the chance to include a bunch of other bug fixes alongside this.

This impacted the game development by a few days, but now I don't have to worry about patching Season 1/2 when it's time to release episode 9.

All work with the patches is now done, and I can go back to focusing on episode 9 again.

My team of testers and Discord staff have been awesome in helping out with verifying the bugs and builds, and they saved me a tremendous amount of time by helping out.

The new patches are live on Steam, GOG, and Patreon now.

If you want the latest bug fixes for the Patreon version, version 0.8.3 is available

You must be registered to see the links

.

You can patch your current Patreon v0.8.0/v0.8.1/v0.8.2 version if you'd like to receive all bug fixes. It is a smaller 415 MB patch for episodes 1-8.

If you can't patch your game, the full download (v0.8.3) is also available

You must be registered to see the links

.

There's no new content in v0.8.3, and I didn't post the patch as a big release post as I don't want to confuse anyone into thinking that episode 9 is being released with this patch.

You can find the changelog in the release posts.

Similar changes for Season 3 (Interlude) will come together with the upcoming v0.9.0 release, including episode 9.

Development news
Onto the development news.

Aside from work mentioned above with the patches, I started the week working on static renders.

I also wrote five more scenes for the episode, one per main girl.

I've started planning and working on the new main menu art for Season 3. I want the main menu to look as good as possible for the duration of Season 3. I have made nine new art pieces for the main menu and have 10-15 more to make. Next week's status update will show you a preview of the main menu.

I will continue my work next week to complete this task and then continue with static renders.

PCs have been rendering animations, and there has been no downtime regarding rendering this week.

Thanks for your support and understanding during this unusual time.

We'll get through this!

Have a nice weekend

Dr PinkCake

While it is sad about the music I won't notice it until the new update. I took a class in Media law in college and without looking at the license it doesn't DPC did anything wrong unless these guys had a line in there about not using their songs in adult content. Copyright law is very confusing at best but to me at sounds like they got butt hurt because an AVN is doing better then they are. But on the good side DPC is working on the main menu art that seems like something you do when your nearing getting done.

 

[hakuna-matata]

Honestly, who cares? I don't even play with the music. It's just music and not a character model. It would be much worse if DPC got a cease and desist order for the MC or one of the MGs.

 

[felicemastronzo]

The last thing DPC wants is any legal action re this game. Mostly because, I suspect, he likes his anonymity. If he goes to court, suddenly his identity, location, and other personal details become part of a public record. We've been talking about musicians not wanting to have their names and works tied to porn. We must not forget that the developers themselves all use aliases and are completely unknown to the public.

DPC has absolutely no interest in legal action

why should he do it? so as not to upset the players over a song change?

 

[gamingdevil800]

View attachment 1992461

 

[sorco2003]

Too bad about the music, but it was possible, within F95 we have already read several developers who have had problems with the music, even with paid music!
Not knowing where they hosted their music for distribution, we can't see the fine print or exceptions (which there are)Just to give an example, Ocean had to contact band by band to ask for their authorization (paid music, not free) and most of them didn't give their approval because they were pornographic games.

 

[NebulousShooter]

Honestly, who cares? I don't even play with the music. It's just music and not a character model. It would be much worse if DPC got a cease and desist order for the MC or one of the MGs.

Maya can go.

 

[gamingdevil800]

Too bad about the music, but it was possible, within F95 we have already read several developers who have had problems with the music, even with paid music!
Not knowing where they hosted their music for distribution, we can't see the fine print or exceptions (which there are)Just to give an example, Ocean had to contact band by band to ask for their authorization (paid music, not free) and most of them didn't give their approval because they were pornographic games.

Aw poor Ocean this will delay his updates by another year

 

[Deleted member 4716251]

After 4 years ?
It's a dumb move . No doubt about that .

Well, these fellas don't search adult games all day long.
Did you heard about "NC-17" ?
Only dumb move I can see is your comments about this situation without any knowledge.

 

[fasdfaq123]

You must be registered to see the links

I rarely have to post bad news, but today I must, so let's get it out of the way.

I've been asked to remove all songs from The Friday Prophets from the game.

When I downloaded their songs from Soundcloud, they were uploaded with the CC BY-SA 3.0 license, making them free to use commercially, but this usage wasn't what they intended.

I reached out to them four years ago about using their songs, and I got my reply this week asking me not to use their music and to remove anything I had added since.

It's sad for all of us, for me, the game, and fans, since the songs have grown to become iconic during that time. No replacement to Punk Rock Flu will give the same nostalgic feeling when you start the game or a new episode, at least not for many more future episodes and years to come.

I will respect their copyright and remove all their songs from Seasons 1/2, and 3.

Please, I ask you not to direct any negativity toward them because of this decision.

I truly believed I used their songs in good faith because of the licenses, and it's unfortunate for everyone that it came to this.

I tried my best to replace the songs with similar tunes to preserve the college feeling of the game. We'll see what happens in the future regarding the title song.

Patch v0.8.3 is live
I had to work with preparing new builds for Steam/GOG/Patreon this week, which isn't all that bad since it gave me the chance to include a bunch of other bug fixes alongside this.

This impacted the game development by a few days, but now I don't have to worry about patching Season 1/2 when it's time to release episode 9.

All work with the patches is now done, and I can go back to focusing on episode 9 again.

My team of testers and Discord staff have been awesome in helping out with verifying the bugs and builds, and they saved me a tremendous amount of time by helping out.

The new patches are live on Steam, GOG, and Patreon now.

If you want the latest bug fixes for the Patreon version, version 0.8.3 is available

You must be registered to see the links

.

You can patch your current Patreon v0.8.0/v0.8.1/v0.8.2 version if you'd like to receive all bug fixes. It is a smaller 415 MB patch for episodes 1-8.

If you can't patch your game, the full download (v0.8.3) is also available

You must be registered to see the links

.

There's no new content in v0.8.3, and I didn't post the patch as a big release post as I don't want to confuse anyone into thinking that episode 9 is being released with this patch.

You can find the changelog in the release posts.

Similar changes for Season 3 (Interlude) will come together with the upcoming v0.9.0 release, including episode 9.

Development news
Onto the development news.

Aside from work mentioned above with the patches, I started the week working on static renders.

I also wrote five more scenes for the episode, one per main girl.

I've started planning and working on the new main menu art for Season 3. I want the main menu to look as good as possible for the duration of Season 3. I have made nine new art pieces for the main menu and have 10-15 more to make. Next week's status update will show you a preview of the main menu.

I will continue my work next week to complete this task and then continue with static renders.

PCs have been rendering animations, and there has been no downtime regarding rendering this week.

Thanks for your support and understanding during this unusual time.

We'll get through this!

Have a nice weekend

Dr PinkCake

A commercial move on the part of the band, honestly stupid. I hope this is not the fault of moral differences, because frankly it's a really bad move. But hey, what do you expect from a band -that without being in demand- they respond 4 years later.

 

[Casiope]

If I understand the Creative Commons Attribution-Sharelike license correctly, the creator of the content cannot legally object to its use.

However, it is to DrPinkCake's credit to have asked The Friday Prophets about their songs in Being a DIK; the band did not anticipate this purpose, and for philosophical or religious reasons, do not wish to be associated with pornographic content. It doesn't matter if it's years later, if the band is popular, or if this decision is not rock minded.

Beyond what the law allows, the notion of ethics also governs this type of exchange. The rights on copyrighted music remain much more restrictive, with some games being banned from broadcast on Twitch or Youtube even after purchase. Finding six new songs should not be a challenge, as many bands could enjoy this free unorthodox placement.

 

[Old Man Al]

Aw poor Ocean this will delay his updates by another year

This affects most of the top notch VNs. It is sad really. Every VN gains so much from playing more than just that fucking, boring elevator music you find in > 90% of them.

And in this case - it's their loss. I listen to a wide varity of rock/metal and before Being a DIK I never even heard of this band. They are not bad, but their music is not as good as Being a DIK is as a VN. Far from it.

 

[ffive]

There are regional restrictions.

Yes, but as you note yourself, these are regional. Far from what was being questioned, i.e. restriction for entire world except the U.S.

 

[homejorz]

If I understand the Creative Commons Attribution-Sharelike license correctly, the creator of the content cannot legally object to its use.

However, it is to DrPinkCake's credit to have asked The Friday Prophets about their songs in Being a DIK; the band did not anticipate this purpose, and for philosophical or religious reasons, do not wish to be associated with pornographic content. It doesn't matter if it's years later, if the band is popular, or if this decision is not rock minded.

Beyond what the law allows, the notion of ethics also governs this type of exchange. The rights on copyrighted music remain much more restrictive, with some games being banned from broadcast on Twitch or Youtube even after purchase. Finding six new songs should not be a challenge, as many bands could enjoy this free unorthodox placement.

Either way it's not very "punk rock" to object to your songs being used in a high quality porn game.

 

[sorco2003]

If I understand the Creative Commons Attribution-Sharelike license correctly, the creator of the content cannot legally object to its use.

However, it is to DrPinkCake's credit to have asked The Friday Prophets about their songs in Being a DIK; the band did not anticipate this purpose, and for philosophical or religious reasons, do not wish to be associated with pornographic content. It doesn't matter if it's years later, if the band is popular, or if this decision is not rock minded.

Beyond what the law allows, the notion of ethics also governs this type of exchange. The rights on copyrighted music remain much more restrictive, with some games being banned from broadcast on Twitch or Youtube even after purchase. Finding six new songs should not be a challenge, as many bands could enjoy this free unorthodox placement.

You must be registered to see the links

I think that would explain a lot of what is going on.