Game Theory: My Fan Game is a CRIME?!
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- Опубліковано 3 чер 2024
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We live in an age of gaming where fans of a franchise can easily spin off their own games and post them for others to play. And it's AWESOME! Some of the best games I've played in the last year have been made by fans. And yet, as we've seen recently with Pokemon Uranium and Another Metroid 3 Remake...the original companies might not be so thrilled this is happening. And all of this is beginning to call up some…difficult...legal questions. So today, I'm asking the question "When is a fan game TRULY a fan game?" The answer to that question has changed A LOT recently...and it could produce some truly scary results.
For more information on these court cases check out this article:
www.gamasutra.com/view/feature...
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Sega: Oh, you made a fan game? Come work for us.
Nintendo: Oh, you made a fan game? We'll see you in court.
Oh, you're a FOB fan? *Light em up*
**********?
They don't take fangame makers to court, though. They send the person a Cease & Desist, the game gets taken down, and that's the end of it.
+stwbmc98 and that's what people call being a douchebag.
Nintendo is the worst about enforcing their copyright.
A lot of copyright law is gray area and creators do make mistakes, but I think most creators, including myself, are very welcoming and encouraging of fan games. I've always been a fan of TJoC; I've never said a negative word about it. In fact, if it had used its own characters rather than the FNaF characters then it could have been its own game. I've never claimed ownership of animatronic robots; I've said that many times on forums. The games used as examples here were self-described fan games.
All anyone can do is handle these things on a case by case basis; trying not to abuse the system while also protecting the brand that made the fan games and fan community possible.
Warning incoming fans
Oh noes Scott commented
What about the law that decides how you should speak? Or the system that is not perfect for cases-by-cases? The fact that "X clone" can be used to appeal makes more terrifying for people who want to share their love and passion with a fan game. I mean, you can simply not say anything about the fan games, but what about the law that may take FNAF from you if you do not step in?
it's indeed a very "to each his own" subject. generally nintendo doesn't mess around with fangames. they actually in fact were planning on taking down a bunch of fangames on ROBLOX regarding Pokemon and Mario and all that.
take cover!
There's someone that i feel is integral to this argument: Tyson Hesse. Anyone who's a fellow Sonic fanatic should recognize him. Tyson's story is a huge inspiration to a lot of people. He was a Sonic fan who began making Fan comics. Sega saw him and basically said, "This guy is pretty cool, and he's very passionate. let's hire him." He was an artist for the Sonic Archie comics, and is behind the phenomenal animated "Sonic Mania Adventures." He was also the head of the Redesign team for the Movie. Basically, Sonic fans owe this guy BIG TIME. and that's just it. He's a fan himself. Sega sees the fans as talented and passionate, which leads to stories like Tyson's. By learning from and taking into account the people you depend on, it ultimately makes gaming a better place.
Never have I wanted to like a comment more than once more than I do now
@@joshuahargrave8239 aww, thanks❤
The fact there’s a illegal sonic fan game sucks. It’s called Sonic Gather Battle and it contains a DRM that takes your password history, browser history, and even IP address and credit card info if you even try to run a cheat engine. :(
Uhhhhh this video was made 4 years ago...
@bender the rule breaker police chief are you dumb?
Scott Cawthon and Toby Fox are like, video game making saints with full love for their community. I love that.
The reason that claiming copyright over an entire genre is especially concerning, is because it removes competition. Without competition, the developers don't feel a need to invest as much money and effort into the game, resulting in a noticeable drop in quality. A drop in quality could be the start of a decline the video game industry, possibly leading into another video game crash. One example of this is in EA's Madden games. NFL2k was considered by many to be a superior game to Madden, and as such EA made an exclusivity deal with the NFL to make sure that only they can create NFL football video games. We now have low-quality yearly releases of Madden, because EA has no competition to fear. With developers claiming copyright over an entire genre, we would see this effect in all of gaming.
Omar Karusagi That's essentially my point. I agree with you, Omar
Well then they would obviously come to the conclusion that they just aren't what gamers want anymore. That's the only plausible reason why anyone would not buy a game because all of their games are perfect. They would just stop making them, but they would still go after anyone that tried to pick it back up, especially if they were successful.
i hate to "capitalize" the gaming industry, but WE NEED competition. It just remembers me of the fine bros and the video mat done about it. Trying to copyright a genre (video OR game) is just a cheap tatic. The consumers are the ones who should choose what is best for them, if a game company is doing a nice job with their games, they should have nothing to fear.
But, But, Sun and Moon looks BETTER than X and Y!
Rogue Dr4g0nite
what does it has to do with them bashing pokemon uranium?
THANK YOU SCOTT CAWTHON AND TOBY FOX FOR NOT TAKING DOWN THESE FAN GAMES
Scott Cacaw is great like that.
Aaron LOL SCOTT CACAW
@@bayken56 that's pedophiliac.
Yes
I wanted him to
I personally think that as long as someone isn't making money from a fan game or claiming the characters as their own, it should be allowed to stay up
Random person: **makes a fan game to show appreciation of that game**
The creators: Hippity Hoppity, your game is now my property.
that sounds like Zipper from animal crossing... *hides*
Noah Riviere ey I was gonna say dat
Nintendo:Splash Splash Your Game Is Now Trash
Hippity Hoppity, your nothing is now my property
Hi,
King trouser, best villain ever.
Ikr
Yah, but expect for the verbal pun, he might be more at home in the world of Fancy pants man.
What about PH.D GregGrang
with his nemesis: queen washer mashin
11/10 would draw fanart
Matpat in court:
(Finishes case) BUT THATS JUST A THEORY, A LEGAL THEORY... Thanks for judging. *Sits down*
Thank you for existing, the human population is proud of you.
We need to make an ace attorney fan game with mat as the protagonist
This is terrifying. What would this mean for fanfiction and fan art?
Yeah, I'm scared too... I make pumpkin templates based off of video game art and TV shows...
Probably nothing will happen.
Millions of fanart and fanfics are uploaded each day.
Trying to get all the people due to copyright will be silly.
that is terrifying. I'm someone that pours a lot of passion into fan art because of my love for these titles. Sonic the Hedgehog, Bendy and the Ink Machine, ETC. and now there's a possibility that i could be in trouble because of my passion? changes need to happen.
I’m running with my fanfics and hiding
@@lukono_7794 Run, and don't look back!
I am a simple person.
I see Gaster. I see Pikachu.
*_I cLiCk_*
Lol
Pac Woman seen interesting video
I clicc
@@pacthepac8894 that's the most simple kind of person
And the best kind
👉👉
@@pacthepac8894 So do I. (͡° ͜ʖ ͡°)
In no world can you realistically claim copyright on a game mechanic. That means that the witcher 3 would lose to something like dungeons and dragons because theyre both rpgs. It's like a banana suing an apple because they're both fruit. It's lunacy.
please remain only a theory XD
There have been times gameplay was used, however. That time was because a guy left a company and then ripped off their game with an almost complete clone. Literally everything looked the same. It just didn't use any of their assets. All it used was the design.
*****
Is that the name of the game? The one I remember was a facebook-like mobile game where you built cities? No, not sim city. It was more of a puzzle type city building thing.
*****
Oh. No, I was referring to a more recent court case.
Basically, a guy was fired from a mobile development team for a facebook game, so in spite he ripped them and monetized the hack out of it. His game was an exact clone. Literally all he did was reskin everything. This was done 2 months after being fired. He was the programmer. It was blatantly obvious that he was ripping off the game out of spite.
We live in a World where Family Guy stole a video from UA-cam and then got the original taken down for copyright infringement. Everything's possible
The news article says "Earlier this evening, popular UA-camr Matthew "MatPat" Patrick was arrested after uploading a copy of the hit game "Super Mario Cart" (idk what that part said it was to blurry so I just tried to fill in the blanks here) Mr Patrick was quoted as saying "Trowser shall rule! Feed Skip!Don't Photoshop me onto a bigger man if you can't find a better image!" Before being imprisoned for an unsuspected amount of time. When the editor was questioned about the image, he shrugged and continued typing up text that will only show up for a brief period of time, finishing the sentence with gibberish purple monkey dishwasher thirteen Lockwood horaho 134 ginger babe bird noise.Many bystanders watched Mr Patrick enter the police car without resisting arrest despite his petty crime. MatPat will go to Alcatraz, specially reopened for the entire duration of the sentence.
Although many consider this insane or needless, many other rip-off games were found in his basement including.
"Sammy The Dark Frog","Monkey Song Country","Spacefox", and "Method Elder. A Peek Into The Vast.
No further details were provided."
No lie that's what it said its kinda hard to read so I may not have gotten it word for word.
It was Alcatraz, not Antarctic
+Sans The Skeleton lol I guess I missed read
+Sans The Skeleton plus I got most of it right and it was super hard to read because it was super blurry
I capture the screen on that part of the video just so I could blow it up and read it later. So funny that you posted this.
honestly when i was a kid i genuinely thought that asteroids and meteroids were made by the same people just updated with better graphics :o
honestly I don't blame you
Me either
Copyright law in a nutshell: You snooze you lose
Unfortunately the world is run by senior citizens and money so yeah we're all screwed
:O
Does anyone else want “Superb Bario Siblings” as a game no just me.
Lunar bronerz that would be an interesting game so yeah
Yes please yes
me toooooo
it is
I want it
If Terraria can wiped out for being a "Minecraft clone", I seriously don't want to live on this planet anymore.
Me and you both
Minecraft itself can be shut down by Infiniminer since Infiniminer came before it. A bunch of games can actually shut down Minecraft lol.
And all of those game creators that take down minecraft would get a *LOT* of hate!
+Janette Scott let me finish ur sentence not Minecraft honestly is garbage just my opinion
please explain how its garbage? from what ive seen people who think its garbage don't understand why people still play
When you said "No-one can copyright a game mechanic" I started wondering if throwing a hat to use it for platforming (like in Mario Odyssey) was safe to use, hopefully so!
@Gabriel Petkov Perfect, 'cause I've got an idea for a game, which might include that mechanic! (I actually don't want to share anymore info about the game I want to make, because I'm scared that someone's probably going to steal my ideas)
@@jayfox8765 well if Nintendo tries to copyright you just remember hat in time did that first I think like HIT came first but im not sure about platforming
@@jayfox8765 also I don't think you can be copyright strikes for game mechanics
n o
@@Coolest-Daniel accutualy capturing enemies and using their abilities sound a lot like the powerful death god(Kirby) but was not made by Nintendo as in castle Vania you can kill an enemy and wear its body.
If MatPat is arrested...
Then we need Austin for non-SCIENCE videos
Mikey Sheep Nah, instead of Area 51, we raid dat police stations Matpat went to.
We would all break him out of whatever prison he was in
oh dear god
Andrew Purcell YES!
Me
Superb Bario Siblings
Where you play as two Spanish electricians travelling through the Truffle Empire to rescue Queen Nectarine from the evil clutches of King Trouser.
neopolitan333 Sailor Earth Sounds embarrassing for the electricians …😳
Xd I love That Intro
neopolitan333 Sailor Earth king trouser lol
neopolitan333 Sailor Earth I'd play that for sure
I WANNA PLAY DAT GAME!
Pretty much:
The legal system is weird and needs to be reworked.
Then again, No Mans Sky got a copyright claim because someone sued for using the word "sky" in the title.
Wow. What these guys are thinking, you can not trademark a common word.
+SorryForMyBadEnglish hey you said wow and common
I'm suing u
Our legal system at it's finest
it was sky does minecraft 100%
No one learned from that FineBros. clusterfuck back in February.
King Games tried copyrighting the word "Candy" after Candy Crush became so popular
Dang, that’s a shame.
I was psyched to play “Newer Superb Bario Siblings HD Deluxe: The Thousand Galaxy Odyssey: Super Star RPG-Mega” featuring Dante from the Devil May Cry series and Joker from Persona 5!
And Knucles.
Dont forget that it's the definitive edition.
@@emerald773sstudio2 and knuckles
Being a Fan-game and Fan-art creator. This has helped me understand what my limits are. Thanks a lot
if i was nintendo i would have hired the guys behind pokemon uranium they made a fan game better than some of the real pokemon games
Nooooo that would make too much sense!
Nintendo oughta Officially support these games. Port them to the WII U and charge like, $10. I know it wouldn't be for free, but if it means being able to play those games I'd do it.
More companies need to be like Valve, hire the developers and make another game.
*cough* ORAS *cough*
+ShinePaw101 Sega does what Nintendont
The legal system is so stupid when it comes to creativity... :(
Ya I was going to make a fnaf fan game but no because of god dam codyright
Well, the important thing is whether or not the copyright holder actually wants to sue you. And if I had to hazard a guess, Scott Cawthon probably would not press charges. So I think you'd be safe to do it, if you were that serious about it.
The legal system is getting worse and worse overall. I mean there were serious comments from the US attorney general to arresting and prosecuting Global Warming Deniers.
That is because, unfortunately, law and understanding come from two opposite sides of the brain and therefore, do not interact in the same way.
A Logical man cannot understand why two things are similar, it either is or is not, while an Observant man cannot see two things as the same, as there are always variety between the two.
And now it's gonna get worse with the new Presidental canidates
Oh great, MatPat predicted Article 13.
Just what I needed to know today.
5:22 "this mario is slightly less sociopathic"
I laughed A LOT in that part
Wow, copyright is fucked
Hi
rip furries are here
+oh eleven my worst nightmare oh no
+Diabolus Xo Oh, yeah, that was TOTALLY warranted. Absolutely an okay thing to say to a total stranger who has done nothing whatsoever to harm you or anyone else.
Samantha Port lol only if you knew what verlis does
The amount of People commenting "first" shows that Game Theory still needs to educate them.
OOHHHHH
And UA-cam still needs to stay 13+
H
Margo S You must have some sort of repellent...
GIVE ME THAT.
okay... now THAT was a good one. I applaud you friend.
2:48 Temmie
And yes I know he said to me
I just love Undertale
Let’s see how you like blue mode
⬇️
I cant
PepperSpace you know what I’m subbing since you were the one and only person who was noce to me in the comments
Moody Blues
Star Platinum I forgot that I even commented this
Hoi I'm Tem! Welcome to Tem Shop! This is my friend Tem! Rich history of Tem. Temmie!
0:38
When you pause to read everything lmao
Also why am I here in 2019 rip
Joshua Kovacs yes alctrz is now open
Joshua Kovacs why am I here in 2020
I was like eye wide open when it said a free roam fnaf fan game has the power to overthrow a fnaf free roam made by Scott
Come on man copyrights on mechanics in video games is so laughable and ridiculous as trying to copyright a single word in the Internet , it's inevitable to REACT to such dumbfoolery.
Well played, mate.
That was trademark, wasn't it? Not copyright I think?
trademark and copyright rules are tricky and irritating. fair use is a parody of something using similar or comnpletely different assets with a similar use. similar being the key word. honestly i think its a bunch of idiots getting overly defensive about someone making something cooler than theirs so they shut it down before someone milks it for money. pokemon uranium did a bad by calling it pokemon. if they called it backpack beasts then it would have been fine, but using a trademark name with copyrighted title art was a nono. and with the metroid clone, it was all the assets that screwed it. you cannot tradmark or copyright an idea. you can copyright a piece of art. so music, paintings, a specific picture, all fine to copyright. you can trademark names, REACTworld, pokemon, metroid. but and idea cannot under law be coprighted or trademarked. you have to have a physical copy of it.
+Harley S well yeah less competition is more profit most companies are inherently anti consumer because there bottom line is profit
You're right, but I just came from a comments section of another video that was so salty, I could sell it with chips.
12:05 “scarier then listening to this guy”
Me, absolutely terrified after watching that clip:
Me: I'm planing on making a platform gam--
Nintendo: STOP RIGHT THERE!!
Me: Wha--
Nintendo: THIS IS OURS NOW!
This could single-handedly destroy gaming as we know it, if people start claiming entire mechanics
Well if Battlefield can take out COD I would be fine with it. But a lot of game publishers aren't as rude as Nintendo, so they are probably fine. Which is how all the fnaf and undertale fangames are still standing. Because they wouldn't want to file copyright on them anyway.
Cat Battle
I don't like IW existing (even though I'll get it for the MW remaster), but using shitty copyright to take it down will instantly destroy all respect people have for it
It's basically saying that CoD is such a superior game that they can't beat them fairly (not saying this is actually the case. I have bf4 and bo2 and I like bf a hell of a lot more)
Even though gamers hate some games, they generally respect its right to exist
It's like the whole thing with Evalion.
tay kyles Fair point. I`m not sure why Nintendo takes down all these games, but a lot of game publishers wouldn't be that rude. As well as COD, that would also kill Halo, Overwatch, TF2, and many more fps based multiplayer pvp games.
+Cat Battle I just theorize it as Nintendo being the least successful of the big 3, so they have to preserve their franchises as much as possible
probably the fear of a fan game replacing the real thing or comparing to it
someone claims the camera mechanic, THEY CONTROL ALL OF GAMING!... if that were possible id laugh
Toby Fox is mainly cool because he let's people have imagination and also he did it as well and he would feel guilty not allowing them and I am pretty sure Toby Fox is actually impressed with the fan games, I know I am. Just hope no one has a time machine or else something will happen. I claim that.
I had an Undertal game but it got delittet befor i iwen finischt it :(
GameAdventure //Jonathan Pecany HAHAHA I REMEMBER THE TIME MACHINE FROM A FAN GAME!! HAHAHA
@@niko235l3 engilish boi
also, fan games of undertale, could never be anywheres near a clone, it's too complex for that
same with scott
Man when you said being released at a toys ‘r’ us near you made me sad. You guys probably know why.
11:15 my favourite part.
Also MATPAT should be a lawyer.
Battlefield is totally a ripoff of Pong. They are both games you can play.
See u in court
imagine the amount of MMORPGs that would be shut down if judges went by "someone said it's a wow clone"
+Anti-Gravity hahaha
In all honesty this bullshit might actualy become a fact
Because 'murica
King Trouser is my spirit animal.
NottSoNormal XD
NottSoNormal when is this dumbass gonna stop hating on sonic?
Sonic sucks
Kumiko you suck.
Yuhan Siva And you swallow
Am I the only one who stopped to read the newspaper in the beginning? It was actually interesting.
Me.
Wait what did it say? It's too small for me to read
This
Thank you Scott cawthon and Toby Fox for not taking fan games down. I used to have a fnaf phase and I love the fan games! Now I love undertale, and I really love the undertale AU’s. The protectors like ink and destroyers like error added to the story makes it never get old (not that undertale would ever get old on it’s own). I just want to thank you for that, Toby and Scott! Thank you!
i wonder if every night nintendo just starts up there computer and be like: wo are we going to copystrike today
AngryMonkeyArmy so am i
no its more along the lines of the last workers of the day leaving and all the guys who do copyright infringment come and get to work.
XD
+Renee Rolevink What, you don't think they work in shifts?
if nintendo hasnt copystriked anyone for a whole week, GUYS WE GOTTA TAKE DOWN SOME GAMES
I would be SO pissed if i spent 9YEARS on a game for it to be shut down in a week
Kingofthepoos123 Lel
so sad...
I'd be as well. But the game is around still. I managed to download it before it was taken down.
Dormammu biatch I would sue the person who shut it down for a very high price
PopcornEgg Yes because you could successfully sue Nintendo, with their army of lawyers, alone, over one of the IPs they own. That would work out very well for you I'm sure.
'UA-camr arrested over his ''King Trouser'''
Oof
Mat: TNAR uses lights to see in the cameras.
FNAC: *_HOLD UP-_*
ADDITIONAL EDIT: I just think fan works that are non profit and that openly claim to be fan works rather than trying to ride off coattails for money should be protected for the labors of love they are. The argument many people seem to have is if you get Uranium you won't get Sun/Moon. Why? Since Uranium is free, it doesn't take money away from what I'd use to buy Moon. And it's no different than any other Pokemon games in this particular respect. That I bought Emerald means I probably wouldn't buy Ruby or Sapphire, but it wouldn't keep me from buying Platinum when it came out. Uranium is essentially different from official games and since it comes at no cost it doesn't prevent me or any other money-deficient fans from buying Sun and/or Moon.
This copyright stuff is ridiculous. Pokemon Uranium was FREE, there was no money made for it, so there was no reason for Nintendo to take it down! Fan games INCREASE viewership of the source material, Pokemon example it brings older people who've left back into the world of Pokemon because it's what they know and love, but different and more serious. And someone poured their heart and soul and their irretrievable TIME into that game. That it was forced to be taken down is absolutely disgusting.
While I agree it shouldn't be taken down, they may have felt it threaten their chances of selling sun and moon and didn't want people to get that game instead. Plus they have the legal right to, and what they want to happen to it will. They should have hired the guy and got copyright to the game, but it's their choice
Ehhh, I don't know, the unfortunate truth of the matter is that fan games DO NOT increase profits, or at least have not been proven to. Pokemon games are generally identical to each other, so to The Pokemon Company, people are getting their Pokemon fix for FREE. Especially with Sun and Moon coming out, people need to have a withdrawal from Pokemon to buy the next installment. Plus, the game was just removed from the host website, and is still available EVERYWHERE else. Clearly there are no lawyers actively chasing the game, so it could just be some standard corporate IP protection.
+Indie Devs 9001 Nintendo didn't shut it down they sent them a message and the creators decided to end it on there own terms
It was taken down because it used designs, names, logos and other things owned by Nintendo, and it used them illegally.
Uranium also used their TradeMark. They probably didn't want to be associated with it
I think the whole copyright system needs some fixing. First the ability to copyright common words and now the ability to copyright entire genres is just going too far.
What up Kum...er.. Peter
yes
To fix this problem simply make the judge play the game , this is like copyrighting terraria and cubeworld@ for having blocks/cubes in them like minecraft .
You can not copyright words.
Uhhh, yes you can.
this episode definitely has the BEST cold open of ALL the theories. Superb Bario Siblings and King Trowser!
"youtuber arrested for king trouser."
me:wait.......were his trousers illegal?
XD
I hate platformers but I'd totally play Superb Bario Siblings for parody factor alone.
Also, I would've sided with Asteroids and Street Fighter II but I would side with Pokemon Uranium and the Metroid remake because of money/profits made or not made.
geekqueen2010 same I'd play it XD
Hey, what's the music playing at 9:24, please?
Fangames are the laziest form of game making. That's why I've spent the last fifteen years working on something completely new: The Fable of Helga: Breath of the Mask of Time.
DARUDE SANDSTORM
10:00 stop reading my mind.
(6:50) Well, _Ryu is_ copyrighted; but a martial artist isn't.
But the other game didn't use Ryu. It used an Asian martial artist.
0:39 Great article
The judges should've used this analysis
Kowalski analysis
IRRELEVANT.
They should have
MEME ANYLISIS
We've lost engine one,
And engine two is no longer on fire.
Irrelevant
Not going to lie, thought this was GT Live 😅
same. im almost skipped this episode because i thought it was just them playing a game
i always skip watching game theories because I think they're gt live feelsbadman
+cringeybydefault I've ignored like 60 videos because I thought it was GT live. I was like why hasn't he posted anything in forever?
Same, then I clicked on because I thought I missed it and realized it's a Game Theory.
Same😅
I can just imagine....
Judge: Show me the clip
Person: 12:06
Judge: Yup we will ask him to settle the court case
Matpat: Doesn't the law system sounds fun????
Me:Yeas
I'm here early...I gotta say something funny...
Nevermind. Why start now?
No, just no
hahaha
+Candy Crafts this will be the popular comment
Reply to me plz
Ok bye
Wait... so at what point was any of this a theory? This seems like one giant statement of facts.
I believe that it'd fall under the "meta theory," category of MatPat's videos, which more often than not, end up just being more of an observation than an actual theory
That's not a game theory, that's a game-related question.
It's a Game Theory, doesn't necessarily have to be a theory.
Ollie Longworth So, what facts were incorrect?
Ollie Longworth But the thing is that no matter wether or not the creators are benefitting from the release of the fan game, it is still an infringement of copyright.
It's like saying that if a big UA-camr, say, Markiplier, used a copyrighted song in his video, but didn't monetize it, it's okay to use it. The video got millions of views, and even though he didn't gain money from the use of the song, he was still exposing millions of people to that song for free when the copyright holders of that song should be receiving the money as if the viewers were purchasing it.
In the end, it doesn't matter if the creator didn't benefit from it, they're still infringing, and indirectly causing the owners of the copyright to lose money.
I'm not saying that I agree with these things, but that's just how they are
3:06 "to put that in perspective". I felt that.
I just want to say thank you Matpat. You make honest, entertaining fact-filled videos. It's so amazing because I've referenced and used some of the information in your videos to write essays. With proper citations of course. So I just wanna say: Thank
0:08 Wait, what? Matpat actually managed to get an authentic drumroll sound effect!?
...Well, there's a first time for everything I guess... And a last time too I suppose.
Ethanotor Oculus Maybe the clickbait money was spent on the 1 hour subscription
Haha! That was pretty good!
Maybe people should look at fan games as games that took inspiration from the original source rather than as games that are infringing on the copyright law. :/
I do believe that fan games should exist, but there is a point where I can't deny the illegality. For example, Freedom Planet takes the mechanics and art style of Sonic the Hedgehog and tells a new story with new characters and new level design. Meanwhile, AM2R takes the mechanics and art style of Metroid: Zero Mission, and tells the same story as Metroid II using modified level design from that game. Don't get me wrong, I think AM2R looks like a great game, that has every right to exist, but I can't deny that fair use only reaches so far.
this
if its free I don't think they should be taken down they're aren't even making profit.Plus they did it better.
OptimusPhillip oh, for sure. There should definitely be a limit as to how far fan games can go, like what characters they can or can't use, certain logos and map layouts. But if someone worked really hard on a fan game and it was made as a tribute to the original game or something, people shouldn't be thinking "Oh this is infringing on our copyright policy. Take it down!" Instead, they should think "Oh wow, cool, our game has inspired this person to make a game in honor of our franchise! That's awesome!"
Yeah, but no. It doesn't matter if it's a tribute, if it made money in any way, such as crowdfunding, micro-transactions, or just a price tag, then companies will see that as someone stealing their intellectual property to make money. Hell, even if it's free, they'll see it as economic competition that takes what they made and gives it away for free, which is just short of pirating.
Mat: (says stuff about not having camera lights)
Me: wow he forgot about fnaf 2 :/
I need to see this because someday in the future I may be doing a game that a character shoots fire but also rolls around at the speed of sound but can fly just like Kirby but has fruit as coins, rings whatever and has some music from other games
Was i the only one who thought there was an actual Game Theroy fan game?
There is. Matpat played it on GTLive. Pretty sure it's uploaded to the GTLive channel now titled "I haz Game?"
Ya you should totally check that one out. It's really cool!
There is one! It's on gt live! I forget what it's called.
Also i checked online and it is finally finished. Mat and Steph could finish playing it on GTLIVE
Thank you everyone for the heads up even though I feel stupid for not knowing lol
Meanwhile, Sega is allowing fangame creators to work with them.
Sega does what Nintendon't!
well that makes a lot of sense with the characters and gameplay that they've been putting in their games.
Good guy Sega!
So I can make a dank sanic game?!?!?!?
Jake Green sure go and make it
F to pay respects to Pokemon Brick Bronze.
What's funny about that too is that they weren't only using copyrighted sprites but they were also making money off of the game from game passes so I don't see why people were so confused and angry when it was taken down.
Exactly.
I love Undertale AND fnaf
Hmm...
UNDERFNAF!
FNaFTale
Five nights at napstablooks
@@jakesouthern4050 OOOOH YAAAAS
No
Freddy sansbear
There's a fake channel out there pretending to be The game theorists, giving out links to "free" pokemon go coins. Just figured I'd let everyone know...
I know people do that on other popular channels like:Pewdiepie, markiplier, Superwoman, and many others
+Puggle03 Pug! :D
That happens with literally every popular channel...
+Puggle03 bruh its in twelve minutes
What?
Actually, Toby says in the F.A.Q. about fangames, specifically, "Don't make a whole remake of the entire game or things that discourage from buying the original." Meaning you CANNOT use the images of the canon characters, no matter how much you to reskin it. This is why TeamSwitched, the creators of the Underswap on GameJolt had to start from scratch after putting MONTHs of work into the game.
SCREW THESE GUYS THEY STILL WILL PLAY THE ORINGAL
What about the Undertale Yellow game tho
I like how many creators do accept for people to get inspired bye there games and let them make there own based of it. There some really good inspired games! Not only are they good games but I also like to see how other people get inspired bye it. And if people like the inspired games there is a pretty high chance that they’ll hear of the original ones. Basically a win win right? Tho I am wondering do the creators ever play some of the inspired games? Because personally if I was the creator I would. I would love to see how my games can inspire other people and to see what kind of twist they would make to it. Sometimes even creating whole new stories to it!
3:53 yes
Summary:
Video games in the past have been analyzed for infringement by cursory glances, but trials on mobile games where the outcome was essentially outsourced to public opinion set precedent for lazy "it's like x" comparisons to be used to shut down games. AM2R and Uranium were taken down for trademark infringement, and the legal system doesn't have a good system for dealing with not-for-profit fan works.
This has been a video summary by Procrastination Enterprises. To report an error, please leave a reply.
Well, not to report an error, but this is a nice summary.
I might be wrong but wasn't there a ruling where I could use anything from the original game as long as I am not selling the game for profit?
Mikowski That could fall under Fair Use, though that's more about intent than it is profit. I'm not a professional, though.
While that is a very common (gross over-)simplification of the law, that is not the actual law. When determining if a derivative work falls under fair use, courts look at four basic factors:1. the purpose/character of the derivative work, 2. the nature of the original work, 3. the degree to which the derivative work takes from the original work, and 4. the potential impact of the derivative work on the value/use of the original work.
Profit generally falls under the first category, and while making profit tends to weigh against fair use, it does not always result in infringement. For example, "Weird Al" Yankovic makes profit off of his parodies, but parody is one of the long held fair uses for an otherwise infringing use (other categories include scholarship, commentary/critique, journalistic reporting).
Furthermore, while a non-commercial derivative work is often found to be fair use, it isn't always. This usually happens when the non-commercial derivative work affects the market for the original, such as when a non-profit educational website reproduces an article from a paid subscription magazine.
So wait a second, does that mean fan games are usually illegal derivative works? Like Five Nights at Candy's or Those Nights at Rachel's? Does that mean your game has to be a new genre that is completely different? I don't understand the law all that much, so if anyone could provide some clarity, I'd be happy to hear.
I can't believe Nintendo just destroyed a dream that took 9 years to make! Thats a d*ck move in my opinion, but I guess they did have a semi-good reason. I just wish there was a way they could've sorted it out without the game being incinerated.
They had a very good reason to do it. Do you know that thing of "If you let the first and second slide, why can't the third?", well same here. If they let a nice fan use their trademark, they will have a very hard judicial battle when a bad company decides to use it.
Its the internet. You can still get it through many ways.
After nine years in development...
They had a VERY good reason... they used the name "Pokémon", they could have called it anything else and it would had been fine to just make it a "Pokémon clone"
Also they used assets from other Nintendo-Pokémon games... which is "stealing" of the Pokémon franchise...
Does it suck to waste 9 years? Sure, but maybe should they have throught what they were about to do instead of being idiots and breaking the law.
It's the fault of the developer, he should have sought permission to use Nintendo's property
Scott now:*gives money to the makers of popular fan game.
Nintendo:"ah fan art fan games AND PLUSHES I will see you in a court with the company's 60 lawyers
You do realize that both are different. Scott is a single developer, Nintendo is in the business of fan games and merch.
Technically the game can only be shut down if the game creator chooses to go to court
That's true, but then again it's very easy for a dev when presented a possible case to go ahead with it.
This Mario Is less sociopathic
There's no 'us' in fan game,
but there is a 'c u' in court.
IHadNoIdeaThatGoogleAllowedYouToChangeYourNameIntoSomethingSoRidiculouslyLongAndStupidLikeIDidHere I only replied so I could find out your full name because it was to long to fit on the screen. Great job with your username XD
Your name is amazing XD
Wow... That name tho
IHadNoIdeaThatGoogleAllowedYouToChangeYourNameIntoSomethingSoRidiculouslyLongAndStupidLikeIDidHere gud joke and name m8
I was confused at first then I actually read the user
Over 50 games would like to have a word with Garry's mod
I highly recommend that you read the newspaper on 0:37. I read it, and it’s really cool!
Bethesda's gonna be doin' a whole lotta suing over the "It's like Skyrim, but with..."
You can entirely overhaul their game and they don't sue. Look up enderal
Teddy Couch enderal is a mod, you have to buy skyrim to play it.
That pokemon fangame was a standalone game with no conection to nintendo.
2 different things
you can make multiplayer mod , and they will sue you
Feno Actually, the pokemon uranium was chock full of trademarked names and characters. it was screaming "SUE ME"
Is it copyright infringement? rule of thumb: if the sueing party has more money it is copy right infringement. If the defendant party has more money its fair use.
Fair use is also copyright infringement. It's the legal equivalent of saying "Yes, this is infringing, but I had a good reason" and the court agreeing with you.
Well that's a good argument, by and large more cash will assist in a court win. However a poorer party can still win if they understand and articulate the law and their argument correctly. Most people don't really understand TM or Copyright infringement and tbh it's a very niche and difficult area of law, I was doing research on it and you'd be surprised how often people infringe and lose by simply thumbling forward. Now in this case these people know what they're doing from the off so it comes down to the company allowing it or not, IMO they aren't pouring much into Metroid (for good reason) so to allow a game that is going to take away sales from their title of course they'll take it down vs the Pokemon one where it's no contest vs what they're putting out there.
Best thing these people could and should do is make it, approach Nintendo or whoever and say look this is what we have, if they don't like it well sorry that's how the cookie crumbles, though it can easily go the other way ala Counter Strike or Sonic Mania
no its not did you even watch the video?
This is the heart of the problem. The courts don't care about originality or culture or copyright or any right that anybody has. They only care about money.
Victory is claimed by the richest...
"Over his "king trowser""
Me: 😏
Minecraft:Terraria is copying us!
Terraria: And what about a massive eye bossfight is your idea?
The game is not simular at all, the only simular things are sandbox and open world
@Lunar Productions And Terraria also encourages people to play minecraft
Still waiting for that Gaster theme
*theory
+Tyler SS you can edit comments, it's a thing, stop being lazy.
better yet just don't be a dick.
+Tyler SS Me too he said was going to make one "next week"... He said that over a month ago.
lol ikr
I had no clue you even knew what Underfell or Overtale was, MatPat.
Of cors he nous lol
Niko235 L Please learn to spell....
@@foxcunningham8841 u can understand him, thats what matters
ToggleHD Well, yeah...
@@foxcunningham8841 NOBODYS PERFECT :)
UA-camr arrested over his “king trowser” this killed me
10:42 and it gets worse with among us clones
Wouldn't good old slendy be able to shut down joy of creation?
So to recap, to be shut down, a game must either: use copyrighted materials (characters, objects, brands etc.), or have both similar mechanics and similar expression of said mechanics... I think?
Wouldn't that make Freedom Planet susceptible? D:
Not necessarily. Slender would technically be a different genre than TJOC despite the fact they're both free-roaming, horror, survival games.
TJOC still uses that "Restaurant Robot Survival" theme, except not in a restaurant, and Slender... Well I'm not exactly sure what the specifics of it's genre would be.
The only way I could think of Slender being able to shut down Creation is by using the Ignited-Chica stage which takes place in a forest nearly identical to Slender's, requires you to collect pages, just like Slender, and has basically the exact same gameplay mechanics. However it's still using a different character so that could still possibly protect TJOC. Idk this topic is debatable.
Slender is considered a mythical/creepy pasta survival horror game
Son Goku CD Preach mah boy👏
Syhir Sire XD*
The funny thing is, these decisions to copyright claim stuff are not even made by game creators themselves. Nintendo has taken down several fan games, but Shigeru Miyamoto himself has stated his opinion being that "fan games shouldn't be taken down". Something similar happened with a MLP fan game, where Hasbro took it down, but Lauren Faust, the newest show's creator, disapproved of it and even personally helped with a replacement fan game for it afterwards.
So yes, games like Undertale and FNaF being indie games is actually a VERY important factor because, for such games, the brand's creator is also the brand's owner and has full power over it, but that is not the case for big brands like Nintendo or Hasbro, where game creators eventually lose the power to decide what to do with their brand since it is technically no longer theirs, even though they created it. Unfortunately, these things will keep happening as long as brands are owned by companies with monetary interests instead of creators who love and care about their product.
So that's why Smile HD was taken down.
... I already knew that tho.
Wow I just learned a lot, now if I ever think about making my own fan games I must make sure that they have their own zest and wouldn't be too much like the original inspiration. Plus all of the mobile Mario clones... they are going down (I hope).
Scott oh my god he is here and always watching Scott I love your games
Do a game theory about the entire zombies storyline from World at War to Black ops 3
He should totally do that. Like what do the endings mean? Especially with revelations recently released.
I don't think he will do a good job he doesn't know the story as well as MrRoflwaffles or some other youtubers. But I still want to see a video like that it will definitely be interesting to see I want to see his take on the story.
that would be awesome
I've been praying for a COD timeline for AGES!!!
That would be awesome i hope he can do that
I'd say the simplest solution to the Pokemon Uranium issue (on paper) would have to be 1) asking for consent prior to producing the game and b) not plagiarizing. pokemon is nintendo/gamefreak's IP so it's kind of necessary to ask first, but if you're not ripping code from their games or re-using already existing resources (like pokemon sprites) and fully 100% making your own stuff? i'd say it's fine, especially since none of this is for profit.
as an artist myself, i am constantly worried about people stealing my art and reposting it/using it without my consent. if i inspire someone to draw something differently though or they want to draw fanart of my characters, i'd encourage it! cuz i mean, they did it themselves. that's their work, they didnt use MY lines or anything. it might be my IP but they did it out of love for my work and they're not profiting off of it. asking for permission is always a smart move to make, and it's perfectly allowed if someone doesn't want their IP to be redistributed because at times it can really feel like theft.
CREDITING IS IMPORTANT. pokemon uranium was clearly a fangame crediting nintendo. wasnt it?
Ask Nintendo? I would laugh about that suggestion, if the fact that AAA companies in Japan consider indie developers UTTER SCUM that exist only to be stomped out wasn't so sad.
I agree with you. I make drawings and make up characters, and my classmates sometimes draw them too. I only get mad if they claim that the idea was also theirs. (Btw, you said 1) and b)... not 1) and 2), or a) and b)... just saying :/)
But do any of you know Pokemon and how successful it's been? It's been roaring forward and making thousands of millions of dollars for over 20 years now unceasingly. The fans are clearly not ready to stop buying official games right now, and not in the forseeable future.
For smaller companies, fan games are a detriment. Pokemon, a franchise that makes its money from video games, comics, television shows, merchandise, and even a card game, all of which is known around the globe, will PROOOBABLY be unaffected by a fan trying to express their passion and love for the series.
Earth Tooth Because it isn't like Nintendo has been having financial problems right?
Nintendo has been releasing less games and are getting worse scores.
I don't know what kind of fantasyland you live in, but Nintendo is in trouble.
And the last thing Nintendo needs is people infringing on their copyright. Like you are literally delusional, Nintendo aren't looking in Mobile Gaming because they think it is some brilliant idea, they are just extremely nervous and in a really bad spot.
I'm glad you fixed the trophy well just the intro
The old trophy just looked like a vase
Is there a way to make a fan game with the name of the game you wanted to make a fan game for in the first place without getting copyrighted