Several questions about copyright.

[Meaning Less]

but in this particular example the employment contract the dev had signed specifically forbade working on adult material. Said employment clause was for the reason you discuss, to protect the business reputation. But the risks of discovery for the dev were a bit more clear cut in this case.

To be fair, that thread just sounded like another dev using a random excuse to stop making the game, people get burned out and lack the courage to tell the truth.

Even the clause he invented right after is obvious sign of a lie that keeps evolving the more people poke it.

 

[Jaike]

To be fair, that thread just sounded like another dev using a random excuse to stop making the game, people get burned out and lack the courage to tell the truth.

Even the clause he invented right after is obvious sign of a lie that keeps evolving the more people poke it.

I don't think he ever released anything, so he wouldn't really need an excuse if he never even monetised.

His story became so unbelievable that I think he was just bullshitting all along.

 

[moskyx]

It doesn't make it less plausible, though. Something like that can totally happen -and actually happens with adult performers. And even if there's no such clause in your contract, you're not more protected against being fired if your employer ever finds out about your hobby and doesn't like it. Sure, you could sue them and earn a decent sum or even get your job back, but you'll be unemployed anyway until then.

 

[snookums.d.panda]

Also I have to wonder not only at the stupidity of the guy but also the court, they fined him 1.7 million but shut down his site. I'm not saying what he did was good or bad or that I'm defending him or piracy or whatever, but I find it's like the MAFIA thing where someguy owes them money and doesn't pay up so they break his legs, well duh now he can't pay at all because he can't make an income.

Honestly, I think the court was being lenient on the guy as the fines were well below the maximum allowed for willful infringement (which he did admit to), and that there was an agreement for his payments to be $50 a month (a number he suggested.)

Unfortunately this boy decided to keep going as a) he never started making these payments, and b) apparently hinted to Nintendo that he was going to reopen his site (he had voluntarily closed it during the lawsuit) but without Nintendo games this time around. Clearly he hadn't learned his lesson, hence the injunction filed months later by Nintendo to permanently keep the site closed, which I'm guessing was the main thing they were after in the lawsuit.

I'm no fan at how Nintendo is going around in the courts these days, but this guy? *whistles* I brought this case up as an example as to why you should be talking to lawyers about matters like these, as I feel the simple advice of "Shut up and settle!" could have saved this guy some a lot of trouble.

 

[DuniX]

4-What could happen to me in the worst possible scenario?

The worst possible scenario is that a Real Porn "Studios" Copyright Holder can sue your ass for millions of dollars you would absolutely be on the hook for.
Adult Real Porn Videos are some of the dangerous content you can have, especially if you get popular all they see will be a paycheck. They are known to do this for Piracy through Torrents which is technically distribution since you are sharing it with the peers.
The other scenarios don't even compare.

The other more likely scenario is not getting paid since the project gets removed for copyright violations.
The reason you see HS and Koikatsu projects on Patreon is because things are not enforced not because it's a legal gray area.
Things could change tomorrow.

Only Daz is perfectly "legal"(minus the stolen assets) and you can legitimately sell on Steam.

 

[c3p0]

Can anyone just confirm that this is not a criminal matter? Its not ILLEGAL. You would just be facing litigation over money, worst case.

Sure.....
Using other trademarked work without their approval or licence model that cover what you do is not illegal. Also Santa exist, same as the Easter bunny.

 

[c3p0]

There is no need to talk like that.

If you want to hear something, that I don't believe it, then you can either have a clear "I don't see it as this" - was I think is clear with my previous post - or that.
You also didn't bring any argument up to it other than "Nop, this is not.". If that would be a valid argument, well then the world would sucks.

I would think its either fraud or not fraud unless there is a specific law about this. And its not fraud if you aren't lying about what you are doing.

Fraud has nothing to do with this. Copy something eg. socks from a Addidas. You can write what you want, even explain in all detail that this socks are not real Addidas sock, but only 100% accurate copy. Will they come down on you if they get knowledge of it? Pretty sure, I say. Will you get either a cease and desist letter that you shall immediatly cease this business? Pretty sure too. Will they get you into court, if you don't follow their previous send cease and desist letter? Very big chance again. Will the court rule in their favour? Most likely.
So this is law, same as road traffic law and all the others.

For example, its not illegal for a tenant to enter into a lease agreement then just straight up not pay their landlord. Its a civil matter. This I would think also falls under that umbrella.

As, I read, and not sure of you mean tenant as renter or owner. But if you buy a house and can't pay, then it is simple a breach of that contract. If the landlord and the tenant can come to a different contract and (both) be happy with it, that is another story. But at least and as far as I know the law affected where I live understand, simple solution is the cancellation of that contract, means tentant do not have anything anymore, but doesn't owen the landloard anything either, without the possibility of additional payment to cover the loss of value or additonal cost for for the landloard.

 

[c3p0]

Big difference in civil vs criminal law. I am essentially saying I dont think you can go to jail over this. You can just get sued and lose money

I don't know. As I'm no lawyer myself, I don't really know, not for my own country and especially not for the rest of the 192 of them.

The first sentence I wrote about this was, ask a lawyer and not a forum. Precisely because they know the law (at least a lot better than 90% of the rest of us) and could answer your questions about this. Even if they cost a few bucks, if the stake is this high, book a hour and ask this questions.

 

[Icarus Media]

Can anyone just confirm that this is not a criminal matter? Its not ILLEGAL. You would just be facing litigation over money, worst case.

It can be a criminal matter:

US:

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Have a look at section 506
UK:

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