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Video games, copyright law, and parody


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Syd Lexia
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Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Apr 12 2010 05:04 pm Reply with quote Back to top

Is it legal to release a video game that's a complete and direct parody of another single video game? I know companies have run into legal troubles with "rip-off" games such as the Great Giana Sisters. Where is the line drawn?
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Apr 12 2010 06:48 pm Reply with quote Back to top

Syd Lexia wrote:
Is it legal to release a video game that's a complete and direct parody of another single video game? I know companies have run into legal troubles with "rip-off" games such as the Great Giana Sisters. Where is the line drawn?


Parody, as defined as "a work created to mock, comment on, or poke fun at an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation", is covered under fair use. Some 30 second research indicates parodists get a lot of leeway, so this would be fine, but most of the respected ones go out of their way to get permission from the original copyright owners as a courtesy. I'm not sure where the "line" is, but it's one of those grey areas you really need a judge for...something like I Wanna Be The Guy probably falls under parody, but a direct recreation of Super Mario Bros with a girl instead of Mario? I'm not sure if that's parody.

As for the copyright issue...in general, you can't copyright a computer program's output, just the code. If you can somehow reverse engineer Super Mario Brothers while using completely different code, it's legal to do so (this is what tripped Tengen up. They got around the lockup chip by getting the code from the patent office). You can copyright Mario, and his image, and the images of the other sprites in the game. So you can get into trouble there.

I'm not sure about directly ripping off level design.
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Syd Lexia
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Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Apr 12 2010 07:21 pm Reply with quote Back to top

I want to parody Bubble Bobble. I was trying to work out a name for it at work. Something along the lines of Barfy Buddies, Burping Bastards, Pukey Dinosaurs, or Vomiting DinoZ. The sprites would be all new, the level designs would be all new, and the power-ups would be similar but different.
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Godofhardcore
Joined: Feb 22 2010
PostPosted: Apr 12 2010 07:29 pm Reply with quote Back to top

If you are Japanese it's ok as they have lax copyright law
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Klimbatize
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Title: 2011 Picnic/Death Champ
Joined: Mar 15 2010
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PostPosted: Apr 12 2010 07:35 pm Reply with quote Back to top

There you have it. Become a Japanese citizen. And move there. And create your game there.


Pretty much the greatest thread of all time: http://www.sydlexia.com/forums/viewtopic.php?t=14789

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Syd Lexia
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Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Apr 12 2010 07:41 pm Reply with quote Back to top

America is pretty good with protecting parody too. England is a stupid bitch when it comes to such things though. Fuck you, England.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Apr 12 2010 07:57 pm Reply with quote Back to top

Syd Lexia wrote:
I want to parody Bubble Bobble. I was trying to work out a name for it at work. Something along the lines of Barfy Buddies, Burping Bastards, Pukey Dinosaurs, or Vomiting DinoZ. The sprites would be all new, the level designs would be all new, and the power-ups would be similar but different.


I'd say you're in the clear, though...um, ew.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
PostPosted: Apr 12 2010 09:18 pm Reply with quote Back to top

Sounds like a stupid rom hack.



 
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FNJ
2010 SLF Tag Champ
Joined: Jun 07 2006
PostPosted: Apr 12 2010 11:56 pm Reply with quote Back to top

you should work on combat frogs instead.


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Andrew Man
Title: Is a Funklord
Joined: Jan 30 2007
Location: Annandale, VA
PostPosted: Apr 13 2010 10:25 am Reply with quote Back to top

In the spirit of this thread, I am pretty stoked about this game.

http://ps3.ign.com/articles/108/1083142p1.html
IGN wrote:
3D Dot Game Heroes, hitting the PlayStation 3 on May 11th, clearly emulates the look, style and gameplay of The Legend of Zelda. A squat, pixilated protagonist with a sword, shield and an assortment of useful gadgets swats at foes, talks to strangers and pushes around blocks.

The PS3 exclusive offers some of the best Zelda-style gameplay on a non-Nintendo system ever, implementing many of the beloved series' signature items, locations and puzzles in its own way. While the Zelda series has evolved over the years, 3D Dot Game Heroes digs deep into the series' past for inspiration.


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3DS is very good, and Wii U!

 
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Syd Lexia
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PostPosted: Apr 13 2010 10:40 am Reply with quote Back to top

The graphic style of 3D Dot Game Heroes looks more like Dragon Quest than Zelda to me.
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Andrew Man
Title: Is a Funklord
Joined: Jan 30 2007
Location: Annandale, VA
PostPosted: Apr 13 2010 10:50 am Reply with quote Back to top

Syd Lexia wrote:
The graphic style of 3D Dot Game Heroes looks more like Dragon Quest than Zelda to me.


Agreed, but watch this trailer.



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3DS is very good, and Wii U!

 
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Syd Lexia
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PostPosted: Apr 13 2010 11:04 am Reply with quote Back to top

I don't really understand why this is a PS3 exclusive.

"If we use Blu-Ray, we can really make the blocks blockier than anyone ever thought possible! The pixels will even more pixelier too! We are going to PUSH THE LIMITS OF HD TO THE MAX!"
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Andrew Man
Title: Is a Funklord
Joined: Jan 30 2007
Location: Annandale, VA
PostPosted: Apr 13 2010 11:12 am Reply with quote Back to top

Syd Lexia wrote:
I don't really understand why this is a PS3 exclusive.

"If we use Blu-Ray, we can really make the blocks blockier than anyone ever thought possible! The pixels will even more pixelier too! We are going to PUSH THE LIMITS OF HD TO THE MAX!"

Exclusives are stupid, they create purposeless fanboyism when people should be focusing on the games themselves in the first place, and not whatever platform they were designed for.


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3DS is very good, and Wii U!

 
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Syd Lexia
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PostPosted: Apr 13 2010 11:16 am Reply with quote Back to top

I hope the game does well, so that we see more stuff like it.
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Andrew Man
Title: Is a Funklord
Joined: Jan 30 2007
Location: Annandale, VA
PostPosted: Apr 13 2010 11:41 am Reply with quote Back to top

Indeed, products like this are always refreshing to see.

A Mario game in this style could be fantastic. Imagine something like SMB3 recreated in this fashion.


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3DS is very good, and Wii U!

 
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Godofhardcore
Joined: Feb 22 2010
PostPosted: Apr 13 2010 12:35 pm Reply with quote Back to top

When the game makes no money it's sequel will be multi platform
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Syd Lexia
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Title: Pop Culture Junkie
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PostPosted: Apr 13 2010 01:04 pm Reply with quote Back to top

Not necessarily.

When a big company like Capcom makes a console exclusive game that's well-received but makes no money, either it loses exclusive status or the sequel is non-exclusive.

This game is made by a company called Silicon Studios. They probably did not have the resources to release the game for more than one console. If it does well, they will be able to afford to release the next for other consoles or to port this one to other consoles.
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
PostPosted: Apr 13 2010 01:24 pm Reply with quote Back to top

Andrew Man wrote:
Syd Lexia wrote:
I don't really understand why this is a PS3 exclusive.

"If we use Blu-Ray, we can really make the blocks blockier than anyone ever thought possible! The pixels will even more pixelier too! We are going to PUSH THE LIMITS OF HD TO THE MAX!"

Exclusives are stupid, they create purposeless fanboyism when people should be focusing on the games themselves in the first place, and not whatever platform they were designed for.

Then what's the point of different systems? If every game came out for every system, then there wouldn't be three different consoles to buy. There would just be one, and innovation would die.

If there was only a Playstation, then why worry about making a new system? Everyone has to buy our systems, and games for out system, why waste all that time and money designing a new one?

If there were only Fords, then why create new models? People have to buy from us anyway!

If there was only Intel, then why create new core architectures? Everyone has to use our chips, so who cares about making them faster?

Your's is a very narrow view.
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Syd Lexia
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Title: Pop Culture Junkie
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PostPosted: Apr 13 2010 01:58 pm Reply with quote Back to top

If a game takes unique advantage of hardware, or if the game is made by a production house owned by a consoe then by all means, make it an exclusive. But something like this which is put out by a third party company and is overly simple in both style and gameplay has no business being an exclusive.
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Vaenamoenen
Joined: Mar 18 2010
Location: Tuonela
PostPosted: Apr 13 2010 02:13 pm Reply with quote Back to top

I think we've seen bunch of games, that could be considered a parody, but nobody got sued (at least to my knowledge). And copyright-issues always need (again, to my knowledge) a plaintiff, so if nobody get's sued & sentenced, it's legal.


Take Singles: Flirt up your life, which basicly takes The Sims, and ads the sex-part. Isn't this a kind of parody of a game, which deals with normal relationships, but is pretty shy after dark? Even if we don't consider Singles as a parody, it's still a clear rip-off.
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Andrew Man
Title: Is a Funklord
Joined: Jan 30 2007
Location: Annandale, VA
PostPosted: Apr 13 2010 02:20 pm Reply with quote Back to top

Knyte wrote:
Andrew Man wrote:
Syd Lexia wrote:
I don't really understand why this is a PS3 exclusive.

"If we use Blu-Ray, we can really make the blocks blockier than anyone ever thought possible! The pixels will even more pixelier too! We are going to PUSH THE LIMITS OF HD TO THE MAX!"

Exclusives are stupid, they create purposeless fanboyism when people should be focusing on the games themselves in the first place, and not whatever platform they were designed for.

Then what's the point of different systems? If every game came out for every system, then there wouldn't be three different consoles to buy. There would just be one, and innovation would die.

If there was only a Playstation, then why worry about making a new system? Everyone has to buy our systems, and games for out system, why waste all that time and money designing a new one?

If there were only Fords, then why create new models? People have to buy from us anyway!

If there was only Intel, then why create new core architectures? Everyone has to use our chips, so who cares about making them faster?

Your's is a very narrow view.

Your right, I was being a bit brash.

I just hate how immature people can be about their console. Gloating about it to extreme degrees and belittling other consoles for not being able to play their games.

Sometimes I think games should be more judged based upon gameplay and not what platform has exclusive rights, simply because a game is exclusive does not make it good by any means.

Also, there would most certainly be innovation within the games if there happened to be some sort of uni-platform. Games would not be able to hide behind the moniker of being "exclusive" and would have to sell themselves on their own merits, gameplay, re-playability, etc. I dunno, I feel like sometimes the concept of exclusivity can blind people to what is important about games.


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3DS is very good, and Wii U!

 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
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PostPosted: Apr 13 2010 02:52 pm Reply with quote Back to top

You market your game the way you can make the most money.

If Sony or Nintendo or Microsoft offers you a great deal to make an exclusive, you'd be foolish to not consider it.
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