Kellermann

Engaged Member
Oct 20, 2020
3,639
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:unsure::unsure::unsure::unsure::unsure::unsure::unsure::unsure::unsure::unsure:

I don't even know what you are talking about, what do you mean not 'for 4 years' but '4 years ago'?

DPC wrote to the prophets 4 years ago (once or several times doesn't matter) when he chose their song, why?

to have their approval anyway, because the authors gave up the money but still own their creation


and as PDC himself says: 'but this usage wasn't what they intended'.

rightly or wrongly, the prophets were not in favour of DPC's use of it, and asked him not to use it anymore
Yes, and at this point, DPC probably just doesn't want to deal with band musicians who are so capricious. As someone else said, it's a new season, it's a good time for something new anyway. I'm not going to update episode 8 with the bug fix, so the original songs will all still be intact for me forevermore (unless I lose a backup somehow)...even if more bands try to squeeze some juice out of DPC. Without bugfix, the more meaningful songs will also be eternally unaffected for me if additional offended bands join the BaDIK feeding frenzy. It might even be a benefit that those songs are not reused in season 3 because they are so associated with specific scenes in either season 1 or season 2. New songs for a new season (with less puritanical artists) will be a good thing in the long run.
 

felicemastronzo

Devoted Member
May 17, 2020
11,841
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I think that says a lot more about how you view your cohorts here in the forums than anything else, Felice. It most certainly isn't remotely close to what I think on the topic.
come on let's not extrapolate sentences at random

I certainly didn't mean to offend anyone, in a community of which I am also a part. and if I offended you in any way I apologize

but porn games globally have no glory

porn stars by now have taken the big step, Sasha Grey, Mia Kalifa, Johnny Sins are pop icons, AVNs are far from those levels

AVNs are a phenomenon that has, yes, become more widespread with the lockdown that has greatly increased its market (which still remains limited), but it is a very recent phenomenon that no one knows what future it may have

being tied to a porn game is in no way comparable to being tied to porn or sex in general.

but then the very history of the group proves it. they had 2,000 followers and after 4 years in which one of their pieces was the opening of the best AVN in all the galaxies they have practically the same followers. before they were almost dead, after BADIK they just died
 

DrSoong

Active Member
Donor
Jan 8, 2022
542
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and as PDC himself says: 'but this usage wasn't what they intended'.
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.
 
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ChipLecsap

Conversation Conqueror
Aug 4, 2019
7,137
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For the curious here the new track:

It actually remplace all the removed tracks: all_the_roads, amsterdam, guardian_angel, punk_rock_flu, seed_of_doubt
social_wreck was also altered by other one already existing.
This actually, doesn't sound bad at all :unsure: . I will keep Season 1-2 the way it is , I never occur any bug, lucky. And Then I will see as a new start for Season 3. It happens wiht Tv show, or with Animes all the time when they get new opening and ending songs:LOL:
 

felicemastronzo

Devoted Member
May 17, 2020
11,841
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That's why it's about money.:rolleyes:
You're either entitled to money or you're not

if they were entitled to it DPC will give it to them, taking it away now doesn't change anything

if they were not entitled to it ask DPC now for money to use their songs and also for the backlog is a plan worthy of Quinn
 

DrSoong

Active Member
Donor
Jan 8, 2022
542
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You are making it too easy for yourself. There are two forms of lawsuits. Criminal and civil.

Criminally (state), nothing can happen to DPC, because he has not committed any crime.

But civil law is different. There the band sues and not the state. So the jurisdiction is in the country of origin of the band. I don't know where the band comes from, but if they are Americans, it can be very expensive for DPC.
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.
 

Envy*

Well-Known Member
Apr 10, 2022
1,606
2,033
Especially since they are not well known, it would have done them no harm to be known and it would have made the band better known, just see on Youtube.
 

Kinvarus

Member
May 23, 2020
122
233
Man it's going to be weird booting up the game and not hearing that song anymore.

On another note, reading the patch notes on the Steam version I was just like "I've never noticed any of those, am I that unobservant?" :p
 

dalli_x

Engaged Member
Jul 7, 2017
3,440
7,801
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.
 
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DrSoong

Active Member
Donor
Jan 8, 2022
542
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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

Devoted Member
May 17, 2020
11,841
22,831
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
 
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Oliver Wendell Homely

Active Member
May 9, 2020
682
2,478
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

Forum Fanatic
Nov 10, 2020
5,435
11,654




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 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 .

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

Well-Known Member
May 30, 2020
1,581
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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.
 
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