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Lostanddamned

Engaged Member
Mar 29, 2019
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money always makes a difference

but if I remember correctly DPC recently was estimated to earn 7,000€ per month, how much of that money could he possibly give to a songwriters in his game?

even if it was 5% (which I repeat is a huge and unrealistic share) we are talking about 350€ per month...

you can't compare AVNs to other media with a completely different distribution and value (the pinnacle of wrestling....)

it is not such a rich market, there are no cows so fat that they can be milked and live off it (unless you are DPC's wife)
There's no way DPC makes 7k a month. The guy has 13k patreons, even if they are the lowest tier, the 1$, he'd make 13k (and they are not).

DPC makes something of the 100-150k range a month. Whoever told you that DPC earns 7k a month, blatantly lied to you.
 

dalli_x

Engaged Member
Jul 7, 2017
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money always makes a difference

but if I remember correctly DPC recently was estimated to earn 7,000€ per month, how much of that money could he possibly give to a songwriters in his game?

even if it was 5% (which I repeat is a huge and unrealistic share) we are talking about 350€ per month...

you can't compare AVNs to other media with a completely different distribution and value (the pinnacle of wrestling....)

it is not such a rich market, there are no cows so fat that they can be milked and live off it (unless you are DPC's wife)
DPC has more than 10000 patreon followers. If everyone pays only 1$, he already has more than the estimate you give. I don't know where you got this estimate, but I wouldn't trust this source, because this source can't calculate.:rolleyes:
 

DrSoong

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According to German law, I agree with you. Since we are two Germans, we don't see that as a problem.

But if it comes to a legal dispute, the jurisdiction is in the country of origin of the band. This country probably has different copyright laws than Germany. DPC will not want to take a risk, which I can understand.
No, cause they used not their own website but a company (in this case SoundCloud) and they agreed to their terms, the law of the country the company is from will be used (guess where SC is located *tadaa* you know the country best cause i'm from a country south of germany). They uploaded the song selecting the license, so DPC was using it believing not having to pay royalties (cause of the license).

DPC also was that smart to write them, he is not responsible that they were so lazy that it took them a couple of years to answer. I bet he can prove it, so there is no way that he has to pay royalties for the years he used the song.

The future is something other, now they rejected the song or changed the license, from now on he has to pay for the song (if they allow him to use it). This will affect all versions downloaded from now, so he had to publish the patch to make at least the attempt to patch previous versions (not mentioning to change the current downloadable versions). With that, he has nothing to fear if they want money cause they (ore someone thinking he can) can't demand money for something that was free (bro, this would be a perfect money making machine if it is possible).
 

AchedCroissant

Conversation Conqueror
May 29, 2020
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Those guys probably realized they can make money out of the game, seeing that it became really successful. DPC probably doesn't want to pay them whatever they asked for the rights though
The guy: Give me 5K I need to at least pay the rent on my house this month or they will take me and my 1 year old daughter out and I have no where else to live
*DPC remove the music* :BootyTime:
DPC: 5K will hurt my 1$ million company
 

Lostanddamned

Engaged Member
Mar 29, 2019
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The guy: Give me 5K I need to at least pay the rent on my house this month or they will take me and my 1 year old daughter out and I have no where else to live
*DPC remove the music* :BootyTime:
DPC: 5K will hurt my 1$ million company
Even better:

DPC: How would you feel like becoming a 100$ Patreon of mine? I'd even do Special Renders for you. Be sure to support my business. :Kappa:
 

Kellermann

Engaged Member
Oct 20, 2020
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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

Message Maven
May 17, 2020
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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

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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

Devoted Member
Aug 4, 2019
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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

Message Maven
May 17, 2020
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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

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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*

Engaged Member
Apr 10, 2022
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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
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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
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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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