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Re: Injustice Unlimited

If I stand outside McDonalds giving away free food I'm hurting their margins. As long as I'm not on their property what can they do about it? Just because a company doesn't want competition doesn't mean they have full authority to suppress anything they dislike. In a lot of instances companies play the bully card because they have more resources to make the little guy miserable if they choose to fight.

Point is please stop trying to discourage any creative solutions, they are obviously possible. I want to see the game finished just as I do yours.
 
Re: Injustice Unlimited

If I stand outside McDonalds giving away free food I'm hurting their margins. As long as I'm not on their property what can they do about it? Just because a company doesn't want competition doesn't mean they have full authority to suppress anything they dislike. In a lot of instances companies play the bully card because they have more resources to make the little guy miserable if they choose to fight.

You giving away free food is not even close to the same situation here. I'm not going to continue replying to you because you're obviously not reading my posts and are being pretty delusional about the legal reality of this/not making good comparisons, so yeah.
(also, yeah, they play that card because they CAN fight with it and they CAN/WILL win. see the numerous posts in this thread showing companies winning over and over and over in much more touchy/stronger cases than this one.)

Point is please stop trying to discourage any creative solutions, they are obviously possible. I want to see the game finished just as I do yours.

So do I, but I want to try and help them not be sued into the ground even moreso than that. Reality is a thing, the law is a thing. But yeah, I've said my piece; SR7, good luck man, with whatever you go with. :)
 
Re: Injustice Unlimited

You giving away free food is not even close to the same situation here. I'm not going to continue replying to you because you're obviously not reading my posts and are being pretty delusional about the legal reality of this/not making good comparisons, so yeah.

It's a perfectly viable comparison if you're understanding what I'm saying the root of the cause for concerns of any company is competition and things they feel will hurt their margins.





Things like this exist and they charge tons for it, some are direct takes other are variations inspired from we all know where. Parody is possible, just because you say it isnt doesnt mean it isnt. If I just happened to have the skills to draw like SR7 I fail to see how someone could sue me for drawing a girl with black hair, wearing shiny metal with blue and red bikinis, did they invent blue bikinis or something? Free artistic expression is a protected form to a point as long as you don't cross certain taboos like werewolf porn and such.

There's all kinds of different approaches to law that could deem something valid or not. One instance does not hold true for all, there were other factors that may have been crossed for this ONE instance you've provided. I'm pretty sure for every instance you provide something that has been lawfully shot down I can provide an instance where something hasn't. I did stop reading after I got the feeling you're so set in one frame of thinking (most likely due to your brush with your game) that you're just going to discourage other options.

Yes SR7 Good Luck! It's possible please don't be deterred!
 
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Re: Injustice Unlimited

Your Alpha 1.5.5 is already been released as a torrent by one of your patreons so your games alpha has already been released by someone else to some extent and 995 people have snatched the file with over 221 seeders when I last checked...

Short version WB can't stop a private file ending up being 'Stolen' and distributed by some Savvy 'hacker' somewhere in a basement who may have distributed via a proxy email address to a bunch of people who may have just by coincidence donated to your art on a regular basis on patreon. I mean, these things could happen that are completely out of your control right?
 
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Re: Injustice Unlimited

... words...

Your viewpoint on the matter is highly flawed I believe. WB is shutting this down most likely because they do not want their property (characters) associated with pornography.

Legally speaking, I do not think they have much standing but their actions are mostly "made legal" because they are the big corporation and the "little guy" generally does not have the firepower nor resources to fight back properly.

WB needs to show that their business is negatively impacted by this to have any real legal standing. I would be as surprised as anyone if they could show how their profits plummeted to the floor because of this project.

That being said. I have little pity for this project as they knowingly played with fire by using already established characters instead of making parody or original characters in the first place. Maybe a learning experience going forward, and truth be told will obviously make them more money in the long run because people love the whole underdog and sympathy for them.
 
Re: Injustice Unlimited

The sole reason WB is mad about this is because they want control over how their IP is viewed and received.

Esurance also had an issue with this when they were using Erin Esurance in their advertisement. All the porn made of her nudged the company to remove her from their advertisement.
 
Re: Injustice Unlimited

Short version WB can't stop a private file ending up being 'Stolen' and distributed by some Savvy 'hacker' somewhere in a basement who may have distributed via a proxy email address to a bunch of people who may have just by coincidence donated to your art on a regular basis on patreon. I mean, these things could happen that are completely out of your control right?

No, they can't stop it, this is true.
But they can certainly hold SR7 responsible.

Many cases legally have came out where person A had their friends use something or do something involving their content that they literally had no idea it was going on, and they only found out months later when they were getting sued for negligence or allowing the content out into the world to begin with.

If I leave a gun on the counter, and someone breaks into my house and steals my gun, and then goes on a shooting spree with it, guess who gets charged as an accessory to murder? I do.
In this case though, SR7 would be the person who would be leaving his house and handing his gun to someone else, and then, after that person has killed a few others, gives them a stern warning not to kill anyone else.

It's a perfectly viable comparison if you're understanding what I'm saying the root of the cause for concerns of any company is competition and things they feel will hurt their margins.




Please, PLEASE read my previous posts. It's really, really clear you're not reading anything I'm posting at all.
I addressed parodies like this and how they get away with them and why hentai doesn't apply for them in the previous posts.

If I just happened to have the skills to draw like SR7 I fail to see how someone could sue me for drawing a girl with black hair, wearing shiny metal with blue and red bikinis, did they invent blue bikinis or something?

Yes, actually, if they look like the character, and especially if they have been previously established as being that character (this is the big one), then they CAN sue you and win.
This has happened numerous times throughout the history of copyright law where someone did "something similar" without even referencing the original, got sued, lost.

Free artistic expression is a protected form

No. It really, honestly isn't anymore in this country. Google "free artistic expression sued".

There's all kinds of different approaches to law that could deem something valid or not.

True. The problem is, WB has a team of lawyers that will crush any opposition to them unless it is a closed-and-shut case on your behalf, and this is a closed-and-shut case on THEIR behalf.

I'm pretty sure for every instance you provide something that has been lawfully shot down I can provide an instance where something hasn't.

And I'm sure you can, but that doesn't mean this case has some way to win it.

I did stop reading after I got the feeling you're so set in one frame of thinking (most likely due to your brush with your game) that you're just going to discourage other options.

I haven't had any brushes with a company giving me a DMCA or legal issues? I'm in this frame of mind because I've had to study and research intellectual copyright law for years due to my work prior to hentai games.
I'm not an expert on it or practicing law or anything like that, but I've got a fair chunk of knowledge about it, which is why I'm advising as such, considering the wide amount of incorrect legal advice being thrown around this thread.

That said, SR7, if you're serious about wanting to continue this, then completely ignore EVERYTHING in this thread (including my posts) and immediately get yourself a lawyer.
I'm fairly sure they'll advise you what I'm saying (which is basically don't continue with it anywhere close to its existing form) but that is by far and above the best choice to do things; anything else is a risk legally, financially, and creatively.
 
Re: Injustice Unlimited

...w-wait, what?

I thought you're a hentai writer, not a hentai lawyer? :confused::confused:
 
Re: Injustice Unlimited

...w-wait, what?

I thought you're a hentai writer, not a hentai lawyer? :confused::confused:

I'm not a lawyer, I just have done some research into the subject for a few years, which is why I'm urging SR7 to ignore all the stuff in this topic and just outright get a lawyer.
That said, I originally made this name because I was doing hentai comics/CG packs, then got into games; I do a lot more than the writing for the hentai games I work on :p
 
Re: Injustice Unlimited

True. The problem is, WB has a team of lawyers that will crush any opposition to them unless it is a closed-and-shut case on your behalf, and this is a closed-and-shut case on THEIR behalf.

And I'm sure you can, but that doesn't mean this case has some way to win it.

That is where you are wrong. A lawyer could not go against their oath to the court and challenge the jurisdiction of the court. Unless WB is harmed, injured or incurs a loss directly relating to this project, WB has no standing to take action.

Of course when a DMCA is served, there is an assumption of guilt instead of innocence and any form of due process is thrown to the wall. Yes, there is money being made by this project. WB would need to show how this money is being taken from them and being diverted into this project instead. That is the only way they could have standing enough for a court to listen to their case.

In all fairness, I would advise against hiring a lawyer at all. It would show that you believe their claim to be justified and the easiest avenue to defeating the DMCA claim would be taken away from you. Then again I am not officially a lawyer so this is only my opinion offered for entertainment purposes only. Yes, I did just throw a disclaimer in.
 
Re: Injustice Unlimited

...w-wait, what?

I thought you're a hentai writer, not a hentai lawyer? :confused::confused:

Maybe focusing more on one aspect would help push hentai writer's game along faster...?

I gave three references, there's so many more parodies available on the web just use this Google thing and search for stuff.

Let's just leave it at, it's possible.
 
Re: Injustice Unlimited

Maybe focusing more on one aspect would help push hentai writer's game along faster...?

I can do multiple aspects just fine; everything I do is pretty easy/quick for me to do. I've already got my part done for our game for the current demo, but I can't progress any farther to later on parts of the game with said writing until the programmer gets his part done, hence why hiring more people wouldn't help at all in this case.

Also, what exactly does my game have to do with this thread?

In all fairness, I would advise against hiring a lawyer at all. It would show that you believe their claim to be justified and the easiest avenue to defeating the DMCA claim would be taken away from you.

What? How would talking to a lawyer affect the DMCA one way or another? It's a consultation, and this doesn't strengthen or weaken WB's position.

This is my last post in this thread, for real; good luck SR7.
That said, I really do urge you to not take what anyone in this thread (myself included) has said as fact, you should absolutely go see a lawyer and consult them yourself.
 
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Re: Injustice Unlimited

Best of luck to you with the legal predicament, Sunset gang. I played the alpha and I was extremely impressed with the quality of the art, writing, and overall structure - Eager as hell to see more. You're a true inspiration - No fooling.
 
Re: Injustice Unlimited

Here's another good read. Just reading the intro proves the basis of what I'm saying. So if SR7 is ever taken to court over something distributed freely he has something to consult before talking to any lawyers.



Marvel's third attempt was thrown out again because the defending lawyers are kind of saying the same stuff I am. 'If it is to be banned, then so should the #2 pencil, the Lego block, modeling clay, and anything else that allows one to give form to ideas.'

The game did come to an agreement not to limit the look of what their player base would come up with but the naming of your character. The game was technically responsible for allowing people to infringe on Marvel's copyrighted names even if it was their player base doing it. Since City of Heroes was their own entity collecting revenue it was a tricky spot they were in and Marvel would not drop their attack hence they settled to regulate the use of certain characters names, not their likeness. If City of Heroes was not collecting any revenue from subscriptions and sales the whole thing would have no basis.
 
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Re: Injustice Unlimited

That is where you are wrong. A lawyer could not go against their oath to the court and challenge the jurisdiction of the court. Unless WB is harmed, injured or incurs a loss directly relating to this project, WB has no standing to take action.

Of course when a DMCA is served, there is an assumption of guilt instead of innocence and any form of due process is thrown to the wall. Yes, there is money being made by this project. WB would need to show how this money is being taken from them and being diverted into this project instead. That is the only way they could have standing enough for a court to listen to their case.

In all fairness, I would advise against hiring a lawyer at all. It would show that you believe their claim to be justified and the easiest avenue to defeating the DMCA claim would be taken away from you. Then again I am not officially a lawyer so this is only my opinion offered for entertainment purposes only. Yes, I did just throw a disclaimer in.

Terrible advice, ignorance of the law is not an official excuse.

They received an official notice, and need to respond as such, releasing thing, without consulting professional help, is a terrible advice.
 
Re: Injustice Unlimited

Terrible advice, ignorance of the law is not an official excuse.

They received an official notice, and need to respond as such, releasing thing, without consulting professional help, is a terrible advice.

This I agree with, it was Patreon who was originally threatened. Their platform allows for very creative solutions but if all one creator is releasing is WB copyrighted material it would be hard to argue the platform is just a tip jar for them to create whatever they like and get paid to do it.

Pulling it and changing the Patreon is the best course by far. But at a later date should the finished product show up on a site like HF free for all adults to use it would be hard for WB to argue the direct correlation between the game and the "tip jar" because the game would have had half of it completed where no funding could be associated with it.

Just sayin'
 
Re: Injustice Unlimited

damnnn this is so bad, i feel realy sad about this project, damn copyrights.

i still hope the project keep going.:(
 
Re: Injustice Unlimited

From my opinion removing all copyright infringment (or disputed content) from patreon is the right move. Just ignoring a huge power house and openly say: "fuck you" to them is just stupid. Even if the law is on your side.
But on the other hand just scraping a project because a company like wb says they don't like it is not the right either. Patreon is for suporting the artist and to allow him to continue his work being drawing, stories or programming. You donate because you like the style and the work's quality of the artiste not the subject or theme of his work.

So Injustice unlimited should have less alpha or beta version, and have a final release when the game is finished awailable to any patreons and whoever is interested in it, without an official release on public site.

If sunset raider wants to sell it he/they should find an other way than on patreon
 
Re: Injustice Unlimited

I am not a licensed legal professional nor a practicing attorney.

Copyright holders are 100% within their right to file a cease and desist on projects that use their copyrighted characters whether in a parody or not. Parody laws protect you as you make references to copyrighted characters and ideas, but only if alluding to said properties. If you use actual names and designs of IP's under copyright, the copyright holder can and usually will file a cease and desist if you're using the IP's in a non-profit manner. If you are making a profit from the work, they are able to sue for damages. As it seems, they just want to pull your work out of production with a DMCA, but this is IF and only IF WB is actually the one filing the DMCA.

The best way to protect yourself while still being safe under the parody laws is to change your game's characters so that the differences between they and the copyrighted IP's are more clear. This means making more severe changes to characters' appearances and names so that allusions to the superheroes can be made without actually using their copyrighted appearances and names.

Get a consultation from a copyright lawyer. Make sure the DMCA is coming from the actual copyright holder. And do not contact the opposing party directly, do so exclusively through your lawyer. Save all letters, emails, and if possible, record all phone conversations and messages from any lawyers or people claiming to represent the copyright holders.
 
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Re: Injustice Unlimited

Hey does this game has no sound? Or i ve done something wrong?
 
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