The dev decided the game should only be available to people who pay for it despite making one update every 3 months.
- Jan 23, 2020
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Not an illegitimate question and one that's been asked many times here over the years. The biggest problem with real porn games is immersion. New guys every other scene. Different hair styles on the women. Different backgrounds and surroundings. The same ol' same ol' porn stars over and over and....well, you get the point. So it comes down to crafting a story that is engaging enough for the reader to look over the other problems. I play 4 or 5 of these type games. Ones I think have good enough writing. But the majority just plain suck.
It strikes me as odd as to how someone can take copyrighted material and blatantly violate international laws and use said copyrighted material for their personal gain without sharing a portion of that personal gain with the original copyright holder. Real porn game creators should be really thankful that the porn industry turns a blind eye to such practices. The situation presents an interesting moral and legal dichotomy, don't you think?
- Feb 17, 2024
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- May 21, 2018
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Wait for someone to share the patreon version. Sharing any other version is wasting everyone's time for this one, the paywall is stupid.
- Jan 3, 2021
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Not really, no. There is no interesting moral or legal dichotomy here. Two things.
"Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work." -
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So, are the clips and pictures in this game being used in a transformative way? Is the dev adding enough of their own original work to make it separate and distinct from the originals? Considering that you could remove all of the visuals and it would still function perfectly well as the erotic text adventure that it is? Certainly. Unless they're wholesale plagiarizing someone else's erotica and picture combos, they're in the clear. Is this work competing with or is a replacement for the originals? Again, unless the pictures were originally produced to accompany erotica that matched what is in the game, then very probably not. I don't think you could honestly argue that a substantial amount of the people downloading this game are doing so to ignore all of the text and just enjoying the visuals. Could the copyright holder take this dev to court? Sure. But I'm pretty sure that if it actually went to trial before a jury, you would win on a fair use affirmative defense.
Also, since they're being paid through Patreon, that adds another layer. You aren't actually paying them for the game, both the written erotica and the borrowed visuals. Rather you are agreeing to support them financially (becoming their patron), and in exchange they grant early access (among other perks) to a product they otherwise release to the public. So even if this wasn't a case of fair use, it would still be harder to come after them since they're technically not actually selling copyrighted material directly for profit. You could maybe DMCA them to get their page taken down (or at least reviewed by Patreon) or go after their file hosts, but again, they have a really good fair use argument on their side.
Almost guarantee that patreon would take the page down to resolve the issue rather than dealing with the pressure it puts on them.
- Mar 17, 2019
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So I can make a basketball-themed real porn game using ACTUAL clips of NBA games and not get sued by the NBA because Patreon is a buffer? If someone owns something that you're getting paid off of and they tell you to stop and you don't.. you're getting fucking sued end of story, cite any law you want but remember that possession is 9/10 of said law. Some businesses just don't fucking care ie the porn industry that's making billions and some do care like the NBA that also makes billions but will nail your ass to the cross if they get the chance to do so for stealing their shit.
- Apr 9, 2023
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It seems like all the clips from the latest update of the hotwife modelling route are missing in the latest version
- Feb 5, 2021
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- Jan 3, 2021
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Thanks for not paying attention or engaging honestly. Shows just how much you actually care to listen.
For one, could someone use NBA clips in a transformative way? Yeah. Again, you're going to have to do so in such a way that your final work is not a replacement for watching an actual NBA game, and not directly competing with the NBA. Again, not doing so for money but rather as a free public project? That's another factor in favor of fair use. If you are writing an extensive erotic fan-fiction story where you ship two NBA players and you sprinkle your story with still images or GIF's of the two players amidst your otherwise entirely original and written work? If it's released for free, and doesn't claim to be official or endorsed? That is absolutely fair use.
Will that stop the NBA from suing them? Probably not. Fair use is an affirmative defense that one uses in court, it is not a shield that pre-emptively blocks litigation. The reality of the US's two-tiered justice system heavily favors those with the money and resources to be litigious; and the NBA absolutely has the resources to be litigious regardless of how meritless their lawsuit ultimately is (other famously litigious companies include Disney, Nintendo, and every Hollywood film studio).
Still, there is no 'moral' or 'ethical' conundrum here. If you have the artistic chops to make a transformative work, fair use is there to protect such use of copyrighted material. Someone borrowing porn clips for an erotica text adventure I would argue is far more morally, ethically, and legally defensible than someone using generative AI to do the same. That the porn industry is fractional and made out of many smaller entities (rather than the monolith that is the NBA), and is therefore less likely to be aware of or spend the resources to litigate such things; ultimately has ZERO implications on the morality, ethics, or legality of using copyrighted porn in a transformative way that adheres to fair use.
So are you going to double down that just getting sued makes someone morally or ethically compromised? Or are you capable of actually reading and understanding what I've written? You're 0 for 1 so far...
- Jan 23, 2020
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Apologies, but respectfully disagree. Copyright exclusion for pornographic productions are only excused if the material is deemed obscene (at least in the US...don't know about elsewhere). Obscene material is not protected and therefore could be used at will on one hand, but would also then hold the possibility of risk for trafficking in obscene material:
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However, I do not think there would be any US court that would rate this game and its production material as obscene and would uphold the copyright. So, the legal disclaimer at the beginning of most all motion picture and pornographic productions comes into play:
One can't use excerpts from books, movies, songs, etc in their works without written permission of the copyright holder (Google search reveals a multitude of references to this). One can't use images of celebrities in their works of fiction (again, well documented from many sources. Certainly some of these porn actors would easily fulfill the role of a celebrity.
Bottom line...I like my odds.
- Mar 17, 2019
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Me changing the name of steph curry and making him my femboy brother ain't transformative ( ha see what I did there) enough not to get me sued cut your bullshit most of your product, in this case, is someone else's except your script, which no one or at least significantly fewer people would give a fuck about. I'm not gonna argue with a dude armchair lawyering out here about some shit they don't know dick about.
You guys are arguing about copyright law but it's heavily case by case basis. You could both be right or both be wrong depending on the lawyers and judges involved. There's no black and white answer to any of it. But patreon isn't going to risk a lawsuit for one dumbshit creator. I promise you that. And patreon would be the one being sued because it's on their platform.
- Mar 17, 2019
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Nah, I wasn't arguing. I just found it weird. The dude was so adamant about it that they refused to see a different perspective, to the point they were citing laws they didn't fully understand not to say that I do, hence why there were no links from me. And if Patreon gets sued, trust and believe they're going to turn around and sue you. Just because they don't always get you for breaking tos doesn't mean that they don't know that you do.
- Jan 3, 2021
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Translation: Sorry, I can't hear you over the sound of me not listening.
Again, Fair Use is a defense you use to win in court. It is not a magical shield that prevents you from getting sued. You might know that if you paid attention at all.
Why are you even here? Go scream into the void or something more constructive with your time than just highlighting how proudly ignorant you are.
- Jan 3, 2021
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This porn is copyright protected. But there are provision to make use of copyrighted material for non-commercial, and even limited commercial use, without permission. Those are the Fair Use doctrines. Nothing about them will stop you from getting sued if someone is very litigious, but they provide an affirmative defense you can use in court against claims of copyright infringement.One can't use excerpts from books, movies, songs, etc in their works without written permission of the copyright holder (Google search reveals a multitude of references to this). One can't use images of celebrities in their works of fiction (again, well documented from many sources. Certainly some of these porn actors would easily fulfill the role of a celebrity.
Bottom line...I like my odds.
Can you use a picture of Daniel Craig in your bootleg 007 novel, published and sold on store shelves? No. You are going to get sued, and if you choose to fight that in court you will lose. But could you take a few still frames of Daniel Craig as James Bond from the films and pepper them throughout your original written erotic fan-fic that you hosted online for free with no monetary gain? Sure. You might still get DMCA'd or sued, but if you had the resources to burn and fight it in court, you would have a very very good chance to win on Fair Use grounds.
Case in point, the 50 Shades of Grey series started out as Twilight erotic fan-faction, complete with repurposed artwork of the cast from the movies sprinkled throughout the fan-fic (called 'Master of the Universe' if you cared to look it up, although most of it has been scrubbed from the internet since before the publishing of the 50 Shades books at the behest of the publisher). The character names and a few minor details were changed to make the works legally distinct enough to avoid copyright infringement, but that only became an issue when the fan-fic got picked up by a legit publisher who wanted to distribute it commercially.
So again, back to this point. No. No it does not. Fair Use is a thing. It does not impinge on anyone's morality or ethics. Being in the legal right or wrong has zero factor on whether you get sued or not.
Nobody is going to sue this game over the handful of still images or animated GIF's. If they're taken from actual pornographic videos, then the still images and tiny clips are a tiny fractional piece of the original works. From what I've seen, most don't even include identifiable people (e.g. Alexis Fawx won't be calling up her lawyer to get her work specifically removed). The vast majority of this creative work is the writing and coding of the game. Again, remove all of the visuals, it still entirely functions as the erotic text-adventure that it is. Being a text adventure, it's not competing in the market for those looking for pornographic video content. Since they are making the game available to the public and not charging directly for it? Again, these are all points in favor of the Fair Use doctrine.
If someone who owned the copyrighted work had an issue with it being in this game and felt the need to press the issue, they'd send a DMCA notice. Right or wrong, the easiest thing to do would be to acquiesce to the DMCA and remove that specific material. Since this game doesn't put a huge emphasis on visuals like some other real-porn games do (again, they're not tying specific in-game characters to specific real-life porn stars), replacing the images would be trivially easy in comparison to defending your rights in court.
Again, the dev here isn't doing anything morally or ethically dubious. They're making a transformative work, that is available for free to the public. It is not a magical shield against litigation, but nothing they are doing is anything to be ashamed of, nor should it be seen as otherwise immoral or illegal.