John The Boogeyman Wick
Active Member
- Jul 12, 2017
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There is a flaw in that argument. I'm not sure you can define this business as one of donations. The reason, I think for it to be an donation based business, it needs to be free and accessible to all "beside the pirating". If you have a pay wall, it's no longer a donations but a pay to play "not sure what the legal term is".Honestly, best case scenario is that they only need to modify the games to remain in Patreon, since it says nothing about animation and animated content or erotic art (actually, if you could get me erotic art from patreon that isn't banned due to differences in terminology, you could be absolutely safe and disguise it as art or use said term to cover your work, but this could only work with non live action games). Worst case scenario, is that the Guidelines are changed to include them.
I would still argue that since there is no commercial transaction (as defined by law and merchant custom), the part in which they argue that "you cannot sell pornographic material" does not apply to the developers at all. Since this isn't a sell, this is a donation. And a difference in terms as those, could in theory keep you relatively safe.
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