HTML Heroine Addict [v0.3.1] [Affogado]

[Affogado]

So, this games appears to be set in marvel universe instead of a generic "legally distinct original clone".
Additionally, this disclaimer is probably shooting itself in the foot and was clearly not written with the advice of any lawyer.

Instead of claiming to be PARODY which is legally protected.
It claims to be ENTERTAINMENT which is NOT legally protected.
Dev might be setting himself up to get raped by Disney.

I will be honest with you: I did not pay to consult with an IP lawyer before making this fan game. I went to the internet and grabbed some fanfiction boilerplate and slapped it on, knowing full well it wouldn't do anything to protect me.

Time to rant about fair use and IP laws:

The only protection for a fanwork is obscurity. A company will generally* only go after fanworks if their legal team thinks it's worth it - i.e. they can prove damages to the brand's revenue, or there are profits to claim. This is a noncommercial game that isn't even tied to any patreon as a "tip jar." There are no profits gained from the use of the IP.

A fair use parody defense would require a judge to decide that the work had an element of social commentary; sadly "what if these characters fuuuuuuuuuucked?" is a little thin to hang my hopes on. I could call the game a sandwich for all the legal protection it offers me.

The only possible good the disclaimer really does me is provide an ounce of trademark infringement protection; I am clearly asserting that I do not own the trademarked names involved. That's not really reason enough to keep it around... it doesn't do any harm (the game is done the instant anyone at Disney considers paying their legal team billable hours to send me a C&D), but it doesn't help.

*Nintendo is an exception. They'll go after anything for any reason. Disney has been dealing with fanworks and infringement since the very beginning, and are comparatively mellow.

 

[harem.king]

A fair use parody defense would require a judge to decide that the work had an element of social commentary; sadly "what if these characters fuuuuuuuuuucked?" is a little thin to hang my hopes on.

Technically, a parody does not have to be political.
It can just mock the original content.

Thus "what if they fucked" porn parodies.
Fair enough about the obscurity thing. And avoiding nintendo.

 

[Affogado]

Technically, a parody does not have to be political.
It can just mock the original content.

I'm speaking specifically in a legal context, but you are correct in that it doesn't have to be political, it just has to have criticism or commentary. The mockery needs to meet a certain threshold; it has to be *saying* something about the original. This is intentionally vague enough that in practice it's up to the judge to weigh "is the creator trying to say something here" vs "is the creator just trying to make a quick buck."

 

[harem.king]

I'm speaking specifically in a legal context, but you are correct in that it doesn't have to be political, it just has to have criticism or commentary. The mockery needs to meet a certain threshold; it has to be *saying* something about the original. This is intentionally vague enough that in practice it's up to the judge to weigh "is the creator trying to say something here" vs "is the creator just trying to make a quick buck."

I mean, in the united states they literally have companies that routinely release
"[original movie name] XXX - A porn parody"
Like, on the day that "The Dark Knight Rises" was released, a company specializing in "porn parodies" released "The Dark Knight XXX - a porn parody".
It was literally just "the same, but they fuck".

You must be registered to see the links

The USA loves porn.

 

[Sergellato]

Online version please

 

[Affogado]

Online version please

I got you:

You must be registered to see the links

 

[Sergellato]

I got you:

You must be registered to see the links

Good guy

 

[allofthequestionable]

I mean, in the united states they literally have companies that routinely release
"[original movie name] XXX - A porn parody"
Like, on the day that "The Dark Knight Rises" was released, a company specializing in "porn parodies" released "The Dark Knight XXX - a porn parody".
It was literally just "the same, but they fuck".

You must be registered to see the links

The USA loves porn.

you clearly didn't read your source all the way through.


"But none of this is to say that porn parodies have a free ride. In truth, they simply haven’t been challenged and, with the very fact-specific nature of fair use, there’s still a great deal of legal risk."

even your source says there is no way to know if they are actually protected. just that the legal system is complicated enough not to make it worth the effort in most cases. it also asserts that fact to be changing and a legal challenge to be overdue.

"However, there seems to be a growing sense of unease at the major studios over porn parodies. Not only are they becoming better-publicized, bigger-budgeted and more prominent, but, as with The Dark Knight XXX, they are sometimes being released at the same time as the original film rather than months or years later.

A challenge on this issue is overdue... and it may be coming sooner rather than later if these tensions continue."

 

[Orphanus]

The female protagonist option was added a bit late in development, so at the moment the only romance options are lesbian - working in male love interests is possible but would massively inflate the scope of the game. There are currently no plans to implement this.

That said the female protagonist isn't just the male "route" with pronouns swapped out, and it'll feel *very* different as few early marvel characters are queer.

if I may ask: does that mean that playing as a female protagonist it's totally possible to just stick to lesbian stuff (or, well, if there is only lesbian stuff for a female protag that ofc works splendidly, too )

 

[harem.king]

you clearly didn't read your source all the way through.


"But none of this is to say that porn parodies have a free ride. In truth, they simply haven’t been challenged and, with the very fact-specific nature of fair use, there’s still a great deal of legal risk."

I did read my source. This is a boilerplate ass coverage so they don't get sued for giving someone free legal advice that might have cost them later.
The fact is, literally not 1 single company in the USA dares to sue porn parodies is very telling. Even the most heavy handed ones.

Regardless, the original advice was for the dev to replace the words "entertainment" with "parody".

 

[Affogado]

if I may ask: does that mean that playing as a female protagonist it's totally possible to just stick to lesbian stuff (or, well, if there is only lesbian stuff for a female protag that ofc works splendidly, too )

Once the female protag option has been restored it'll be a lesbian route.

 

[Orphanus]

Once the female protag option has been restored it'll be a lesbian route.

Awesome, lookin forward to that, then.

 

[harem.king]

Affogado
in ch3 when helping your uncle. it says:

Hank... Doctor Pym... comes in after you. "Gentlemen, this is our lab assistant, sourced from a local high school. Make use of $her as you are able."

Should not show a $, it should show my name.
Also my MC is male, I don't even recall being asked if I am female or male.

Also if you in ch3 you go work for uncle. at the end one of the conversation routes can lead to:

You trail off, withering under your uncle's intense scrutiny.

  <p"Very well." He digs out a few crumpled twenty-dollar bills and hands them to you, his gloved hand protecting him from your powers. "You won't be needed tomorrow, but be here by five Monday night."</p>
You straighten out the bills, counting them, and slip them into your wallet. "Thanks, Doctor."

"Tell your mother 'Hello' for me." His demeanor remains as cold as ever.

You hang up the lab coat you'd been wearing, head to the stairs, grab your bike, and carry it out to Hank Pym's backyard.

which has some malformed html code in it. the opening p code is missing a closing bracket

another error here:

"Maybe not all..." You let the words hang there in the air.
 
"Oh?" Her back is to you as she examines the door, fingers running along its frame.
 
"Yeah, I could... give you a boost. With my powers.          Like I did with Namor."</p>              

Sue shakes her head. "Trust me, I'm already pretty wired."
     
"No, I mean... the other kind of boost. The more powerful one Reed was talking about," you clarify.
      
She turns to you, eyes widening. "Oh, you mean..." She makes a jerk-off motion with her hand.

 

[Affogado]

Thanks for the catch. Will repair in a hotfix.

 

[harem.king]

Thanks for the catch. Will repair in a hotfix.

sure thing.
also I edited that post with 2 extra errors.
so if you can take a second look

 

[wei270]

i like this game but it is probably too early to put a review on it, looking forward to future release

 

[starbright2]

bran muffin.

 

[damppanties]

When do you expect to have the fem protagonist restored? I liked the read so far but a male protagonist doesn't do it for me

Once the female protag option has been restored it'll be a lesbian route.

 

[Affogado]

It'll be back with 0.4 at the latest, ideally with a hotfix before then.

 

[allofthequestionable]

I did read my source. This is a boilerplate ass coverage so they don't get sued for giving someone free legal advice that might have cost them later.
The fact is, literally not 1 single company in the USA dares to sue porn parodies is very telling. Even the most heavy handed ones.

Regardless, the original advice was for the dev to replace the words "entertainment" with "parody".

all that tells you is that it is more expensive and troublesome than it is worth. at least as of yet. that this is beneath their notice and not worth their time. It tells you nothing else at all. not odds of victory not likely outcomes. not even what they think the law is. and as your own source notes. that fact pf porn parodies being beneath their notice is changing. the value of such parodies is rising. the and the market confusion factor is growing. and just because something might be more expensive than it is worth is no guarantee someone won't do something expensive and disadvantageous that they are still legally allowed to do. your source says outright that we DO NOT KNOW the legality of this. that's not the standard boilerplate. especially as they claim that a challenge is all but inevitable. meaning the source itself thinks that the status quo is going to change.

the standard boilerplate is I am not your lawyer and this does not qualify as legal advice. which you know... I am not and neither are they.

my point is basically that changing the name is by no means the bulletproof legal protection you seem to imagine it is and that furthermore your own source rejects your argument. word choice does not a magic spell make. to be clear your not outright wrong. and I am not saying you are. this is Unknown and Unchallenged legal landscape. but that is not the same thing as Unassailable Legal landscape. and also your source doesn't support your argument. it outright rejects it in the conclusion after laying the foundation of it. Devs Strat of remaining beneath their notice is far far better legally than making an untested claim in court on the basis of a naming scheme.