And they most likely paid to use the IP, which they can allow. You can make parodies and products with it, if you have a contract for it, like how EA publishes SW and Marvel games. I doubt Kapparu has one though. In this case, Kapparu is using a copyrighted brand that belongs to someone else, without having a permit for that, and makes profit off it.
- Thread starter Kappuru Games
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- Dec 17, 2017
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Disney bought Marvel in 2009. The first Avengers porno (there are sequels) was released in 2012.
Do you REALLY think Disney is going to license the Avengers to Vivid to make a porno? NO FUCKING WAY!
Vivid has done Avengers, X-Men, Superman and Spider-Man. Maybe more. Did they get licenses from Marvel, Sony, DC and Fox? I seriously doubt it. (Yes, Marvel owns the Spider-man rights now, but Fox held them when Superman vs Spider-Man was released in 2012.)
Then there's the last paragraph of this PR statement:
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"Disclaimer: Avengers vs X-Men XXX: An Axel Braun Parody is a parody movie. All characters and related materials are trademarks, copyrights and/or registered trademarks of their respective license holders and/or owners. The parody movie is not sponsored, or endorsed by, or affiliated with Marvel Characters, Inc. or its affiliates or parent company or any other company owning the trademarks of characters seen therein."
The Vivid press release SPECIFICALLY states that they don't have rights to the characters.
- Nov 14, 2017
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if i talk to felicia i get sorry to disturb and poker and with gwen same and want to fuck.
cat i found in kitchen or living room at 7am, mc heard cat's voice and started looking into it.
Excellent comment here. Yet, the final interpretation will depend on the judge if the matter is taken to a court, from the references stated, fair use depends on whether the content in question fulfills the criteria specified by the doctrine of fair use, commercialisation of the parodied content plays a big part in decision making as well.Having said that, for a take down, just showcasing the infringements to the appropriate authority is enough and if you counter claim that, and the owner has initiated a court case against the infringing content, the matter will remain pending till a judgement is served, the content stays down till then.
Vivid has 40/60 chance of winning or losing a copyright/trademark infringement case if their content is judged to be contrary of fair use, this only happens if they are taken to the court by the content owners, who ever they are.
This is an extract from an article from an IP attorney
{Creating a pornographic version of another’s work does not automatically qualify as “parody” fair use. In the 1981 case of MCA, Inc. v. Wilson, the U.S. Second Circuit Court affirmed that the defendants’ performance of the song “Cunnilingus Champion of Company C” was not fair use, and instead infringed the plaintiffs’ copyright in the song “Boogie Woogie Bugle Boy.” The court stated that “[w]e are not prepared to hold that a commercial composer can plagiarize a competitor’s copyrighted song, substitute dirty lyrics of his own, perform it for commercial gain and then escape liability by calling the end result a parody or satire on the mores of society.”}
[Along those lines, in Fifty Shades Limited et al. v. Smash Pictures Inc. et al. brought in the U.S. District Court for the Central District of California, the defendant who had made a film, “Fifty Shades of Grey: A XXX Adaptation,” settled a copyright infringement lawsuit in 2013 instead of fighting back. An executive with Smash had reportedly described the work as “…a XXX adaption which will stay very true to the book and its S&M-themed romance.” This would not have bode well in court where a parody must transform a work into something new rather than be a “knock off,” so to speak.]
In the same article, porn parodies were also defended
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at the end of the day, the decision remains with the content owners on what they are going to do when they come across an infringement and the law, unless the guidelines for fair use were strictly followed, will side with the content creator (more than half of the times)
Let me tell you something, I have got clients whose instagram accounts were deactivated because of multiple copyright strikes by FIFA(broadcasters), just for sharing images relating to a match and showing their appreciation for it, they were completely in fair use.... but hey, the big bad daddy said they infringe on my content, so they got to go down!
I now remember a funny infringement claim where disney warned an adult themed cosplayer of wearing the minnie hat whilst she was posing nude... She made more of them just to smite them but had to ultimately take them off.
The best course of action would be to follow the licensing way, regardless of how remote the chances are, at least make an attempt or hope and pray they don't find out about you or think of you as a tiny fella and leave you alone.... Not everyone leaves people alone lol.
- Nov 14, 2017
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"A friendly visit" requires you to have access to "that room". To get inside the room just meet Kitty Pryde. Either in Safehouse A or X-Mansion. And, have sex with her. That way you'll acquire her powers. After that, just go to male's room in Safehouse B. And, click anywhere. (I really hope, Kappuru improves this as it's not straight forward what we can do) and click on the option to enter the room.
After finishing that just walk around. A friendly visit should trigger.
As for the last one, I'm not sure. But, they might have put barriers to prevent advancing before finishing all quests.
- Nov 14, 2017
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well thx to insertzero got 2/3 quests completed and apparently esu has to wait until it's completed (who knows when).
as for friendly visit don't remember that mc had visited at hfc and took pics of emma frost.
as for friendly visit don't remember that mc had visited at hfc and took pics of emma frost.
- Feb 25, 2018
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The big question is, does this update means that the poker game on the male route is fixed? Haven't seen anything related to that.
- Nov 14, 2017
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- Jun 2, 2017
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Your last playthrough was on v0.9 or 0.9.1? I've played the poker game on 0.9.1 and had no problems.
If you've found problems you should send a bug report to the devs. That way, they can fix it.
- Dec 17, 2019
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Trying to play Lesbian Route on v10 and just about everything is broken, even more than it was in v.9.1. Errors popping up repeatedly sending me back to the main menu. I've encountered them randomly but everything seems to be broken starting Chapter 3.
I cannot engage in the ESU since there's never anyone in Reception, the Stark Tower quests are bugged/broken, and the only thing I can do in the Hellfire Club is the first meeting with Frost. Everything after that bugs and sends me to the main menu.
Prior saves from v.9.1, AND new games, result in the same issues.
I cannot engage in the ESU since there's never anyone in Reception, the Stark Tower quests are bugged/broken, and the only thing I can do in the Hellfire Club is the first meeting with Frost. Everything after that bugs and sends me to the main menu.
Prior saves from v.9.1, AND new games, result in the same issues.
- Jun 2, 2017
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- Jun 2, 2017
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Apparently there is a patch. I was able to find links for it. Here:
Mac:
Windows/Linux:
Kappuru also added this on their post:
"Edit: We've added an Analytics feature to the game. With that we are getting all the errors sent back to us so we can fix them. We had a problem in the Lesbian route that were impacting chapter 03. So, we made a patch to fix that problem. The links are above!!"
Edit: I was able to play all the quest in the Lesbian with this patch.
Mac:
You must be registered to see the links
Windows/Linux:
You must be registered to see the links
Kappuru also added this on their post:
"Edit: We've added an Analytics feature to the game. With that we are getting all the errors sent back to us so we can fix them. We had a problem in the Lesbian route that were impacting chapter 03. So, we made a patch to fix that problem. The links are above!!"
Edit: I was able to play all the quest in the Lesbian with this patch.
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