ilovegamesallday

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Nov 20, 2018
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Is this game gonna be taken down?? cause i saw a lot of conversation going on about Copyright from fakku or something...this game is the best 3Dcg game i have ever played btw
 

Deleted member 929426

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Oct 5, 2018
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Reading all of this stuff about the HS/FAKKU situation reminded me of a post from about a month ago:

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There's a part of me that's kinda curious about the apparent coincidence.

I'm hoping Runey is still able to continue work on v0.8 for release soon.
 
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ZTex

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There's a part of me that's kinda curious about the apparent coincidence.

I'm hoping Runey is still able to continue work on v0.8 for release soon.
It's not a coincidence. Though it was a different account that started the questioning, you can figure it out by going to the thread runey linked a page or 2 back now.
 
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Deleted member 929426

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It's not a coincidence. Though it was a different account that started the questioning, you can figure it out by going to the thread runey linked a page or 2 back now.
I remember when it was first posted how my instincts were telling me something like this was going to happen. It makes thing a little bit worse since what's going on wasn't completely unexpected. Hopefully, it will all work out.
 
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alex2011

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Feb 28, 2017
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Is this game gonna be taken down?? cause i saw a lot of conversation going on about Copyright from fakku or something...this game is the best 3Dcg game i have ever played btw
Doubtful, Fakku is a mere distributor and those rarely get the power to change a policy like this, especially with no word on it from the actual copyright holder, who themselves last held the opposite view on the matter as that is what a majority of Honey Select was designed for, to create scenes for external use.
 

alex2011

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Feb 28, 2017
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If Runey (and others) are going to pursue any legal action, it may be in their best interests to not discuss this situation on a public forum. Perhaps we should let this lie and allow the people directly affected to deal with this situation.
It may not, and probably won't, get that far. This is just a scare tactic that can simply be ignored unless Illusion themselves backs Fakku's statement.
 
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Runey

Harem Hotel
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Doubtful, Fakku is a mere distributor and those rarely get the power to change a policy like this, especially with no word on it from the actual copyright holder, who themselves last held the opposite view on the matter as that is what a majority of Honey Select was designed for, to create scenes for external use.
There has been word from Illusion, although I'm getting this information from a third party and cannot personally confirm it.

Illusion plan on contacting everyone on Patreon using their assets and getting money over the next couple of months. They said Illusion are looking into copyright law because it's different in the US and EU, but the lady on the phone said it'll "hopefully be a one time payment rather than a percent of earned revenue"

Apparently they say that they would like to give us licenses instead of taking us down or suing anyone.

Both this and what Jacob said are not official.
 

alex2011

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Feb 28, 2017
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There has been word from Illusion, although I'm getting this information from a third party and cannot personally confirm it.

Illusion plan on contacting everyone on Patreon using their assets and getting money over the next couple of months. They said Illusion are looking into copyright law because it's different in the US and EU, but the lady on the phone said it'll "hopefully be a one time payment rather than a percent of earned revenue"

Apparently they say that they would like to give us licenses instead of taking us down or suing anyone.

Both this and what Jacob said are not official.
If it isn't official, it can't be trusted unless backed up by an official statement. That's what I've been saying. Even if a statement is made by someone from Illusion, if it isn't a statement on the company's behalf, it may still be an Illusion employee pulling something shady, for which they could and would be fired if Illusion caught wind. I wouldn't worry unless Illusion themselves, not a third party, says something. A legit claim would be backed up with some sort of official proof of legitimacy.
 
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TheDevian

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There has been word from Illusion, although I'm getting this information from a third party and cannot personally confirm it.

Illusion plan on contacting everyone on Patreon using their assets and getting money over the next couple of months. They said Illusion are looking into copyright law because it's different in the US and EU, but the lady on the phone said it'll "hopefully be a one time payment rather than a percent of earned revenue"

Apparently they say that they would like to give us licenses instead of taking us down or suing anyone.

Both this and what Jacob said are not official.
One of the F95 staff members is looking into it as well, just sit tight, keep at it, and most of all...
DontPanic.png
Hopefully this will all get resolved without too much of an issue.
 

srksrk 68

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Can someone please clarify:
  1. Illusion/Fakku create and/or distribute a modding tool.
  2. I assume this tool is either free, or comes bundled with some kind of Illusion software, or has to be purchased. I do not assume the devs making those games are all pirating that tool.
  3. The tool's main purpose is to create content to be used in games.
  4. Illusion/Fakku allow or tolerate this usage of their software for quite some time
  5. Now out of a sudden, when many devs rely on it and created content and are in the mid of projects, having invested a lot of effort, Illusion/Fakku claim that said tool is not to be used to produce anything of what said tool is intended for, and claim (additional) licence fees.
Right? Do they claim that output of that modding tool may only be used to mod their own games, and not to be used externally?

Edit: typos...
 
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Pr0man

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Can someone please clarify:
  1. Illusion/Fukku create and/or distribute a modding tool.
  2. I assume this tool is either free, or comes bundled with some kind of Illusion software, or has to be purchased. I do not assume the devs making those games are all pirating that tool.
  3. The tool's main purpose is to create content to be used in games.
  4. Illusion/Fukku allow or tolerate this usage of their software for quite some time
  5. Now out of a sudden, when many devs rely on it and created content and are in the mid of projects, having invested a lot of effort, Illusion/Fakku claim that said tool is not to be used to produce anything of what said toll is intended for, and claim (additional) licence fees.
Right?
Yes and no.

Up to 3. everything is in order, but...

Especially on 4. there's something a bit more nuanced. The idea behind it is to share characters, stories, etc. etc. They tolerated the usage of the tools (which were clearly designed to be character creators as they have share functions) as long as there's no money made with the content created from it. Using assets generated by creation engines is generally only allowed for fair use as in parodies or non-commercial software, not under commercial usage. This would require the person in question to buy licensing rights for commercial use (which to my knowledge, Illusion did not hand out since they were oblivious to this all.)

This is currently the issue. They allowed/tolerated/ignored the issue, because it wasn't an issue until recently. The "scene" around people making games with Illusion assets has been around for years (plural!) and since it was unregulated en large, the market surrounding it grew to the levels they are at today. Now that there's developers around that _created_ the market and made it grew so that there is a pretty big demand for adult games, the License holders (which are Illusion) step in and try to enforce copyright claims via licensing.

They had an update, stating that they "Did not know a scene like this existed in the first place.", but this is just a shorthand excuse. Not knowing that there is a huge development boom surrounding these creator tools, that has been going on for years(!) is either showing dangerous levels of shortsightedness on the developers parts, or rather, a sever lack of knowledge how the market for adult games (which is largely fringe and thus - uncontested except for the big few) functions.

Going by Ockham's Razor, the simplest solution is also most likely the correct solution - Money. They've seen that there's loads of devs that can turn their assets into fat stacks upon stacks of money and so they want in on it.

P.S: If I got anything wrong, please feel free to correct me. I've only gathered all the knowledge I hold as well as what I could read around through multiple threads thus far.
 

srksrk 68

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Yes and no.

Up to 3. everything is in order, but...

Especially on 4. there's something a bit more nuanced. The idea behind it is to share characters, stories, etc. etc. They tolerated the usage of the tools (which were clearly designed to be character creators as they have share functions) as long as there's no money made with the content created from it. Using assets generated by creation engines is generally only allowed for fair use as in parodies or non-commercial software, not under commercial usage. This would require the person in question to buy licensing rights for commercial use (which to my knowledge, Illusion did not hand out since they were oblivious to this all.)

This is currently the issue. They allowed/tolerated/ignored the issue, because it wasn't an issue until recently. The "scene" around people making games with Illusion assets has been around for years (plural!) and since it was unregulated en large, the market surrounding it grew to the levels they are at today. Now that there's developers around that _created_ the market and made it grew so that there is a pretty big demand for adult games, the License holders (which are Illusion) step in and try to enforce copyright claims via licensing.

They had an update, stating that they "Did not know a scene like this existed in the first place.", but this is just a shorthand excuse. Not knowing that there is a huge development boom surrounding these creator tools, that has been going on for years(!) is either showing dangerous levels of shortsightedness on the developers parts, or rather, a sever lack of knowledge how the market for adult games (which is largely fringe and thus - uncontested except for the big few) functions.

Going by Ockham's Razor, the simplest solution is also most likely the correct solution - Money. They've seen that there's loads of devs that can turn their assets into fat stacks upon stacks of money and so they want in on it.

P.S: If I got anything wrong, please feel free to correct me. I've only gathered all the knowledge I hold as well as what I could read around through multiple threads thus far.
OK but that still leaves the question: why on earth do they provide a tool to create whatever, but you are not alowed to distribute your content and make money of it. This would be the same as if Microsoft starts sueing anybody who makes money using Window, or Word. What am I missing?
 

ZTex

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P.S: If I got anything wrong, please feel free to correct me. I've only gathered all the knowledge I hold as well as what I could read around through multiple threads thus far.
The only thing you got wrong was why this started. Someone from these forums had a bit of an egotrip and realized they were not making the same money as others and went to complain about it to fakku.
 
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Pr0man

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Jul 23, 2017
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The only thing you got wrong was why this started. Someone from these forums had a bit of an egotrip and realized they were not making the same money as others and went to complain about it to fakku.
Is this however a fact or mere speculation? I mean, people are bitter all the time so I could imagine this happening. But still, this would be an extremely low blow for once and on the other hand, threatening people who actually do this with an artistic vision in mind, not because it brings the bread to the table.

OK but that still leaves the question: why on earth do they provide a tool to create whatever, but you are not alowed to distribute your content and make money of it. This would be the same as if Microsoft starts sueing anybody who makes money using Window, or Word. What am I missing?
If you have missed it - Microsoft is removing partnered re-sellers their usage licenses for Microsoft products, requiring them to actually pay a license now to use them. Not like your market reach is more than enough passive payment or anything like that

Growing a certain market by providing beneficial deals (like in the free use of a product for a given time, like with Microsoft.), or by simply not regulating the market after providing great tools in order to later down the line - once the market is big enough to drive home a nice chunk of money - is no new tactic.
 
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srksrk 68

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If you have missed it - Microsoft is removing partnered re-sellers their usage licenses for Microsoft products, requiring them to actually pay a license now to use them. Not like your market reach is more than enough passive payment or anything like that
Well, not every reply is an answer... I am not talking about resellers or persons making money distributing other parties' software. I am talking about legit users of a software, having a valid license, and it comes without question that you can make money from what you produce with that legit usage of that software.
 

I'm Not Thea Lundgren!

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OK but that still leaves the question: why on earth do they provide a tool to create whatever, but you are not alowed to distribute your content and make money of it. This would be the same as if Microsoft starts sueing anybody who makes money using Window, or Word. What am I missing?
There actually used to be an actual clause in the terms of use for Word that stated that it was prohibited for users to create documents with Word, it was most likely created by one of the devs as a joke, because y'know, everyone reads the terms of use. :rolleyes: ;)
 
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ZTex

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Is this however a fact or mere speculation? I mean, people are bitter all the time so I could imagine this happening. But still, this would be an extremely low blow for once and on the other hand, threatening people who actually do this with an artistic vision in mind, not because it brings the bread to the table.
There's more than enough screenshots of said person in the actual discussion thread to cast enough doubt on their motives for going to fakku.
 
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