Unity The Legend of the Spirit Orbs [v1.6.0] [BabusGames]

[kratoscar2008]

NOTE: I am not a lawyer and this is not legal advice. It is only my opinion.
FURTHER WARNING: I read wikipedia ... and I believe it! (I know, I know, I'm a wild man living on the edge.)

Okay, I skimmed all of this thread, and here are my thoughts.

I still don't know what this game is actually about, or what play style it is.
Kind of sounds like it's a puzzle game, like candy crush or something. I REALLY hope that's not all this is.
I guess I'll find out when I try it.

"Zelda" is an existing name, and therefore not subject to copyright. That would be like trying to copyright the name Johnathon or Sarah. In fact, Miyamoto has admitted she is named after Zelda Fitzgerald specifically. Apparently he's a fan.

I would agree that the name Zelda being present could make it easier for Nintendo to find, but here's the thing. All those family friendly SFW fan projects? That's exactly why they're gone: they weren't parodies. The reason there's a castle full of Zelda porn, professionally published with "Zelda" right in the title? Well, all of those things ARE parody, simply by virtue of the sex in them.

Being overly kid-friendly has been one of the biggest and most lasting complaints about Nintendo as a company. Which means the characters having sex at all immediately makes it satire (actually more important than humor, in legal terms). So, you could make the game as serious, dramatic, hardcore, and faithful to the series as you want, and name it "The Legend Of Zelda: A Legit Fan Game Made For Profit" and they still couldn't legally stop it or sue over it, because it is protected by parody law due to the sex in it.

Now, that doesn't mean they wouldn't try, and if they did, you might have to go to court to defend your project, but they would lose or get their case thrown out, and you might even be able to counter-sue for wrongful prosecution, because the case would be so obviously unfounded. Just make sure it is actually satire. Throw in some jokes about Nintendo to poke fun at their flaws. That's really all it takes. Ideally, the plot itself should in some way be satirical, but honestly the sex is enough by itself.

Oh, and actually using the real company's sound effects? That's a whole different thing. That will DEFINITELY get you sued to the golden land and back.

Hahahahahahahahahahahaha.

 

[kratoscar2008]

Well stop it, this one isn't remotely fun. It doesn't matter what the adult content is like if the core gameplay is JUST a deterrent.

Say for yourself.
I really liked it and the game is pretty lenient as it rewards patience since as long as you hit the right orbs you get enough rupies to buy time.
In the end i had far too many of them for the last level.
This is not like your average grinding porn game, its actually quite easy to finish all levels.

 

[Guyin Cognito]

Okay. I played it.
Well, that was ... not even a puzzle. Literally just "find the symbol." Not even a memory game. Yeah, once you fail once or twice and start buying up time. I think I just did that whole game in like five minutes. So, not hard enough to complain about difficulty.
It was sort of fun, once I got into it, and the images and animations are very nice.

As for copyright stuff. I thought it was just going to be sound effects, but you actually seem to be using whole pieces of music. That is an EXTREMELY bad idea, and you should stop whatever you are doing right now and take Nintendo's music and sounds off the internet. Even within a parody, those things are handled individually and will still be called out. Making your own stuff that's clearly a "ripoff" of copyrighted material is actually different from straight using their real materials. They won't issue a cease and desist for that, they will sue you for money, like possibly even punitive money.

Just out of curiosity, kratoscar2008, was there any particular part of that which you found funnier than the rest of it?

EDIT: Additional Thoughts
Now that I've played the game, and had time to compare it to what I know (or think I know) about copyrights, I've changed my mind. A simple image of porn of a character is not, in and of itself, satire. I had been assuming that the game would have more to it, like, a plot, where characters might actually get into situations leading to sex that would constitute satire. There is so little to this, that I think it would be hard to hold-up under fair-use laws. Still just opinion, no lawyer over here.

I know I've seen over a dozen Marvel and DC porn parody movies made by actual porn studios in recent times which, frustratingly, seem to be the only studios with the balls to actually put the characters in their old-school comic-accurate costumes. So, there is something to using porn to justify fair-use, but it has to be more complex than just a dirty picture. It has to actual satire the work in some way that is critical, which in Nintendo's case sex should be an easy foot-in-the door for, but there needs to be more to it.

 

[kratoscar2008]

Okay. I played it.
Well, that was ... not even a puzzle. Literally just "find the symbol." Not even a memory game. Yeah, once you fail once or twice and start buying up time. I think I just did that whole game in like five minutes. So, not hard enough to complain about difficulty.
It was sort of fun, once I got into it, and the images and animations are very nice.

As for copyright stuff. I thought it was just going to be sound effects, but you actually seem to be using whole pieces of music. That is an EXTREMELY bad idea, and you should stop whatever you are doing right now and take Nintendo's music and sounds off the internet. Even within a parody, those things are handled individually and will still be called out. Making your own stuff that's clearly a "ripoff" of copyrighted material is actually different from straight using their real materials. They won't issue a cease and desist for that, they will sue you for money, like possibly even punitive money.

Just out of curiosity, kratoscar2008, was there any particular part of that which you found funnier than the rest of it?

EDIT: Additional Thoughts
Now that I've played the game, and had time to compare it to what I know (or think I know) about copyrights, I've changed my mind. A simple image of porn of a character is not, in and of itself, satire. I had been assuming that the game would have more to it, like, a plot, where characters might actually get into situations leading to sex that would constitute satire. There is so little to this, that I think it would be hard to hold-up under fair-use laws. Still just opinion, no lawyer over here.

I know I've seen over a dozen Marvel and DC porn parody movies made by actual porn studios in recent times which, frustratingly, seem to be the only studios with the balls to actually put the characters in their old-school comic-accurate costumes. So, there is something to using porn to justify fair-use, but it has to be more complex than just a dirty picture. It has to actual satire the work in some way that is critical, which in Nintendo's case sex should be an easy foot-in-the door for, but there needs to be more to it.

So many things.
Like a jury siding with the guy doing porn over the family friendly company.
Or that someone would had the resources to stand up against Nintendo (The same company that sued the original FE guy for making a game that was similar to FE but gameplay and being a fantasy strategy game).
Or that some random dev could get anything from a big conglomerate.
Or that in this day and age laws apply to the powerful.
Moreso now when even platforms like YT screw people over the big companies.
I dont know, its sounds kind of naive?

 

[Deleted member 1708512]

I really liked this game and it's gameplay, but I think the scenes are not erotic enough... I feel like something is missing. Here is an opinion, I think you can make each level a part of a story and as you complete those levels Zelda gets corrupted and she will be the one in need. Also maybe add some clothing choices for her as well. Either way, keep making this I love your work.

 

[Detective Cancer]

AM2R still hurts.
I agree with you on that, if they were going to DMCA it the would have done it already. Thing is... why risk it?

Give it time. Sexyverse Titans game were DMCA'd until they had already finished a game.
Regardless nothing is lost by changing the name.

I don't disagree but changing the title wouldn't change the content though. It could be called "Princess: Orb Puzzle" and Zelda'd still be in it. In all likelihood, among many other theories, if a game survives this long despite being fairly well known the copyright holder's waiting on something. A theory going around for AM2R for example is that they waited till the full game was released to take it down so it would be finished but they protected their IP, instead letting it spread on its own unofficially. If they wanted to they could destroy them AM2R subreddit but they haven't. Either way, there's no harm in changing the title but it likely won't change the odds of this being DMCA'd unless lawyers only look at titles.

 

[kratoscar2008]

I don't disagree but changing the title wouldn't change the content though. It could be called "Princess: Orb Puzzle" and Zelda'd still be in it. In all likelihood, among many other theories, if a game survives this long despite being fairly well known the copyright holder's waiting on something. A theory going around for AM2R for example is that they waited till the full game was released to take it down so it would be finished but they protected their IP, instead letting it spread on its own unofficially. If they wanted to they could destroy them AM2R subreddit but they haven't. Either way, there's no harm in changing the title but it likely won't change the odds of this being DMCA'd unless lawyers only look at titles.

Well even then they can get the dev's patreon banned, i mean there are many variables but there is a reason why Nintendo IPs barely get used for games regardless being a no brainer.
Better er on the side of caution.

 

[johnhenryeden]

I like all these lawyers in this thread, something like 90% of the comments is advice on changing the name lmao

 

[kratoscar2008]

I like all these lawyers in this thread, something like 90% of the comments is advice on changing the name lmao

Well its kind of common knowledge.
Sexyverse got in troubles when the IP holders made Patreon ban the Teen Titans games.
Something Unlimited had a name regarding justice league and he was made to change the name.
Pokemon community knows how much zealous Nintendo can be with their IPs, Pokemon Academy life doesnt get any funding at all because of it.

If the dev want to take the risk so be it but its not worth it in my opinion to endanger his patreon account.

 

[Kuurdean]

What a headache lol, anyway here's full save for 1.1.5, please use it if you value your well-being.

Where is the save folder?

 

[Mr.LilPapaya]

Where is the save folder?

AppData\LocalLow\Babus Games\Zelda Spirit Orbs

Just drop the file there and it should work =)

 

[Detective Cancer]

I like all these lawyers in this thread, something like 90% of the comments is advice on changing the name lmao

It's not like we're holding a gun to the dev's head to change the title, in fact I'm the one saying it's not gonna change much, but my wife's a lawyer. She doesn't specialise in copyright but I asked her about how Patreon projects would fit into these things and she said it doesn't matter what you call your game, if the likenesses in it are close enough and names are used they can be like "HEY! No~"
Some people put up a disclaimer saying likenesses to other characters or people are coincidental but that probably doesn't do much. You're not helping anything by hopping into a conversation, going "lol u dorks dont even know nuffin'" tho.

 

[Babus]

Well, obviously what I'm doing is risky.

If it goes out of hand too much, I'll probably have to reskin the entire game, but I'm not sure if Nintendo really does care that much about porn parodies of its IPs. I mean, has ever Nintendo taken down any porn game for copyright issues?

For what I'm seeing, there's a lot of porn media using Nintendo IPs which haven't been sued or warned or anything. And I'm not talking about sporadic, not very well-known porn. If you search Zelda in pornhub, for example, you'll come across several authors that make very popular (like, millions of views) animations that use Zelda games assets. And they're still producing animations without problems. Not to mention the hundreds of doujins and other games (I recall that Midna flash game which was insanely popular ten years ago or so).

So I'm not sure Nintendo is really going to bother about my game. I doubt that it's gonna get the attention that other Zelda parodies have, and even so, has really Nintendo charged against porn creators like, ever?

 

[johnhenryeden]

theres the porkymon thing, but i don't think it'll lead to anything anyways. it doesnt warrant 6 pages of people repeating it constantly
the other examples all just changed the names after getting warnings

Anyways if the name is just Zelda and not Legend of Zelda, nintendo probably wont do anything. Pokemon has the pokemon company doing shit probably

Demon's Crust kratoscar2008

 

[Detective Cancer]

Ye my point was if they haven't done anything yet they won't do anything in all likelihood.
Game's not my cup of tea but people seem to like it, keep up the good work Babus :3

 

[exirock]

Well, obviously what I'm doing is risky.

If it goes out of hand too much, I'll probably have to reskin the entire game, but I'm not sure if Nintendo really does care that much about porn parodies of its IPs. I mean, has ever Nintendo taken down any porn game for copyright issues?

For what I'm seeing, there's a lot of porn media using Nintendo IPs which haven't been sued or warned or anything. And I'm not talking about sporadic, not very well-known porn. If you search Zelda in pornhub, for example, you'll come across several authors that make very popular (like, millions of views) animations that use Zelda games assets. And they're still producing animations without problems. Not to mention the hundreds of doujins and other games (I recall that Midna flash game which was insanely popular ten years ago or so).

So I'm not sure Nintendo is really going to bother about my game. I doubt that it's gonna get the attention that other Zelda parodies have, and even so, has really Nintendo charged against porn creators like, ever?

Nintendo really depends if u are making like small games without their soundtrack or their images (ur art its not their image attention although u using their characters but shouldnt be a huge problem) u most likely not gonna hit their radar, i know that cause i got myself once a message by nintendo few years ago cause i did a rom hack of pokemon and they gave me a choice or either stop making the rom or get a lawsuit of course i stopped.

 

[JanHeNtai]

LOL gameplay is trash.
Its literally a big waste of time, no fun value

 

[eslotam]

Reee Virus total said bit defender detected 2 engines included in the file, and one was Trojan.Azden
Whatever that means

 

[Zantei]

Reee Virus total said bit defender detected 2 engines included in the file, and one was Trojan.Azden
Whatever that means

which site did you use to DL?

 

[Crazygamer43]

OP: UPDATED