All eyes on THE ONE!

#151TJ_UNLIMITEDPosted 8/3/2013 12:54:38 PM
GondolinRises posted...
From: TJ_UNLIMITED | #121
Whatever the case, even you gotta admit the counting carrots bit was hilarious lmao


Me personally I don't find a man's most desperate attack to be amusing. I pity that fellow, that the worst insult he can think of is a dishwasher. That tells me he probably works a minimum wage job and hates his life.


Well I thought it was funny lol no offense intended to you
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#152WinternovaPosted 8/3/2013 1:31:31 PM(edited)
SAMCROftw posted...
It is in no way a copyright violation.


https://www.law.upenn.edu/blogs/polk/ip/archives/2007/03/machinima_the_l.html

"In general, a machinima video will be considered an infringing derivative work of the particular video game used in production. A work is derivative if the material it incorporates from a copyrighted work would by itself be considered an infringing work. Most examples of machinima incorporate graphics (known as art assets) directly from the video game. In such a case, the direct copying of art assets would qualify as infringement, and it would not be necessary to apply a “substantial similarity” test in comparing the machinima graphics to the video game assets."

The only defense machinima creators would have would be a fair use exception, and that is granted on a case-by-case basis. The entire "genre" of machinima cannot be granted a fair use exception to use copyrighted assets.

SAMCROftw posted...
Would also like to point out that both consoles now are coming with their own ways to record/stream gameplay at our own discretion. So they're aiding us in violating their own copyrights?


The Xbox One only records the last 5 minutes of gameplay, a small portion which would most likely fall under fair use. The PlayStation 4's Share function records more (15 minutes), but it can be limited by the publisher - if the publisher doesn't want you to be able to record a section of the game, you won't be able to. Live streaming isn't creating a derivative work, it's just a public performance of the copyrighted work as it already exists.

I just love it when laymen attempt to correct me on the law.
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#153SAMCROftwPosted 8/3/2013 1:47:18 PM(edited)
Winternova posted...
SAMCROftw posted...
It is in no way a copyright violation.


https://www.law.upenn.edu/blogs/polk/ip/archives/2007/03/machinima_the_l.html

"In general, a machinima video will be considered an infringing derivative work of the particular video game used in production. A work is derivative if the material it incorporates from a copyrighted work would by itself be considered an infringing work. Most examples of machinima incorporate graphics (known as art assets) directly from the video game. In such a case, the direct copying of art assets would qualify as infringement, and it would not be necessary to apply a “substantial similarity” test in comparing the machinima graphics to the video game assets."

The only defense machinema creators would have would be a fair use exception, and that is granted on a case-by-case basis. The entire "genre" of machinema cannot be granted a fair use exception to use copyrighted assets.

SAMCROftw posted...
Would also like to point out that both consoles now are coming with their own ways to record/stream gameplay at our own discretion. So they're aiding us in violating their own copyrights?


The Xbox One only records the last 5 minutes of gameplay, a small portion which would most likely fall under fair use. The PlayStation 4's Share function records more (15 minutes), but it can be limited by the publisher - if the publisher doesn't want you to be able to record a section of the game, you won't be able to. Live streaming isn't creating a derivative work, it's just a public performance of the copyrighted work as it already exists.

I just love it when laymen attempt to correct me on the law.


You linked me something that dates back to Spring 2007, exactly when this was all taking place. Too bad this was never rendered to be an upheld law of any sort. Not to mention SOPA came to fail. It would have actually made machinima completely illegal and against all copyright laws.

Today, Machinima is not just an art form. It is a legitimate company. People who make videos for the network also give credit to microsoft for their creations. They are also able to be paid. LEGALLY. Even people who do it for free aren't violating anything.

They bought the system, the games, and the capture card. They aren't screwing over any company. You seem to miss the point. Microsoft complains, but they don't really have anything to complain about.

So when they put in restrictions for how people make machinima including "no profanity" or "no violence in your works and creations," They are the ones taking people's rights away. Fair Use, my friend. Fair use. For someone who knows enough about law, that little tid-bit sure slipped your radar.

EDIT: Also, people who get paid for machinima can not use any other copyright work, such as music used from any other major artist/label. For anyone who does it for free, it doesn't matter.

It sure is sad to know Roosterteeth was sued, had to pay hefty fines, and they are rotting away in jail now...

Oh wait.
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Xbox fan since 2003. Tired of Microsoft's bull. LOLXbone.
Mass Effect TaliShep.... still a better love story than Twilight.
#154WinternovaPosted 8/3/2013 2:51:57 PM
Roosterteeth have signed a licensing agreement with Microsoft.

Buying a product does not give you permission to use that product in a derivative work. I can't buy a copy of all the Harry Potter books and create my own Harry Potter encyclopedia, for example.

You have no clue what Fair Use entails, and it shows.
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#155GondolinRisesPosted 8/3/2013 2:56:01 PM
From: methosagain | #135
As I stated, all Marcus has is BS drivel and a constant need to try to belittle others, while I have 4 years of screen caps of his actual nonsense. He has nothing, I have reams of empirical data that he cannot logically disown since they are in no uncertain terms his own words. Who do you trust in such a situation I wonder LOL.



Your obsession with astute is beyond disturbing. No healthy person spends years stalking someone online. Your jealousy of him and your rage are disconcerting and I'd recommend reevaluating your life choices if this is what you're going to put all your effort in.
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Can't keep a good man down. More Fe + C than you.
#156WinternovaPosted 8/3/2013 3:21:02 PM
GondolinRises posted...
From: methosagain | #135
As I stated, all Marcus has is BS drivel and a constant need to try to belittle others, while I have 4 years of screen caps of his actual nonsense. He has nothing, I have reams of empirical data that he cannot logically disown since they are in no uncertain terms his own words. Who do you trust in such a situation I wonder LOL.



Your obsession with astute is beyond disturbing. No healthy person spends years stalking someone online. Your jealousy of him and your rage are disconcerting and I'd recommend reevaluating your life choices if this is what you're going to put all your effort in.


Four years of screen caps qualifies for a restraining order in some states! (yes, that's exaggeration...but having that record is very disconcerting)
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#157SAMCROftwPosted 8/3/2013 3:42:09 PM
Winternova posted...
Roosterteeth have signed a licensing agreement with Microsoft.


and hardly anyone else ever had to. Machinima directors can do as they please so long as they don't use other copyright material like music, like I said. Anyone smaller who do videos for no profit whatsoever can make videos however they damn well please.


You have no clue what Fair Use entails, and it shows.


I actually do. I also know that If this was truly illegal and against MS copyright, even the little guys wouldn't be allowed to make their own videos. But alas, they are. Devs do not have a problem with it. Even Sony doesn't care. Microsoft tried putting restrictions on how people could make their little videos. They got blasted for being a bunch of commies. The fact that you are here practically in their defense shows how dedicated you are to them.

You are backing Microsoft's nonsense. You can be proud of your law studies all you want. But the fact is that they were being commies about machinima. They weren't protecting their copyrights. They were being the arrogant pigs they've always been.
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Xbox fan since 2003. Tired of Microsoft's bull. LOLXbone.
Mass Effect TaliShep.... still a better love story than Twilight.
#158WinternovaPosted 8/3/2013 3:50:43 PM
Communists would share copyrights among everyone, so calling them "commies" isn't appropriate.
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#159DesperateMonkeyPosted 8/3/2013 4:05:09 PM
[This message was deleted at the request of a moderator or administrator]
#160methosagainPosted 8/3/2013 4:44:47 PM(edited)
GondolinRises posted...
From: methosagain | #135
As I stated, all Marcus has is BS drivel and a constant need to try to belittle others, while I have 4 years of screen caps of his actual nonsense. He has nothing, I have reams of empirical data that he cannot logically disown since they are in no uncertain terms his own words. Who do you trust in such a situation I wonder LOL.



Your obsession with astute is beyond disturbing. No healthy person spends years stalking someone online. Your jealousy of him and your rage are disconcerting and I'd recommend reevaluating your life choices if this is what you're going to put all your effort in.



How is it even possibly stalking if they are personal PMs sent to me, please try to be logical and realistic when you try to defend your stance that copying personal online communications between youeself and another can possibly constitute stalking. Its not even something that takes what could even in theory be considered "effort", all one has to do is go on FB, go to their messages, and hit control C. Hell according to the by-laws of FB, such messages belong to both themselves and the ones both receiving and sending them anyway, so they are by definition by property now. And jealousy, LOL, what a hoot. What can possibly be jealous of. Not having hair, not having a future, coming from a broken family, not being emo enough, having oppressive depression for most of my adult life? And as if I don't know what troll rock you crawled out from underneath.
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Law of the universe states the strong shall survive and the weak fall by the way, I don't give a damn what idealistic plan is cooked up, nothing changes that