Recent posts by BillysGames on Kongregate

Topic: Kongregate / Kongregate Copyright Infringement

I’m very confident that it’s a case of fair use

Then stop worrying

Hosts don’t actively police content, and shouldn’t. It’s not up to them to know the copyright status on everything and make these determinations. Like any other host, they’ll take it down if they receive a DMCA takedown notice, and if you think you legitimately have a fair use claim, you can counter-claim.

Topic: Kongregate / Games rated under 2 stars with over 1000 plays should be deleted

Pimgd, your idea sounds like it will take a bit more than “zero work”. If you want to get $5 a day for unsatisfying, trivial tasks, you might as well flip burgers part time.

Topic: General Gaming / DONT BUY TERRARIA

Originally posted by wolfinthesheep:

Originally posted by BillysGames:

The Best Gamers: “This suit is frivolous. We move for summary judgement”
Judge: “GRANTED. Next!”

You forgot step one: Hire a lawyer.

No problem. Why do you say this like it’s some big scary thing?

Originally posted by Edeslash:

Don’t believe everything you are told. Just saying.

They delete any and all references to this video on their forums and ban you from their chat for mentioning it.

There is nothing that suggests the claim was not actually filed by the devs. The devs have not come out making such a statement, and they’ve had plenty of time to do so. If you conspiracy theorists want to argue that this review was assassinated from the grassy knoll, you need some evidence.

Topic: General Gaming / DONT BUY TERRARIA

Originally posted by wolfinthesheep:

Originally posted by saybox:

The DMCA allows the reviewer to state that the video does not infringe copyright (which it doesn’t), and it then has to be re-enabled by whoever the host was in the first place. Mr Terraria (or whoever :D) is then expected to take the case to court, where he’d lose because a review is fair use.

No, Mr. Terraria is expected to slap the reviewer with a lawsuit, paid for by a small portion of his successful sales, in which case the reviewer is forced to capitulate because he can neither afford nor spend time in court defending a video.

Welcome to the joys of the American legal system.

No, Mr. Terraria is expected to slap the reviewer with a lawsuit, paid for by a small portion of his successful sales

That’s what he already said. That’s the next step after a counter-claim, when the content has been restored and the host is completely immune to liability for it.

The lawsuit would go like this:

The Best Gamers: “This suit is frivolous. We move for summary judgement”
Judge: “GRANTED. Next!”

Topic: General Gaming / DONT BUY TERRARIA

Stanford.edu

Commentary and Criticism

If you are commenting upon or critiquing a copyrighted work — for instance, writing a book review — fair use principles allow you to reproduce some of the work to achieve your purposes

tl;dr: It doesn’t matter if you like a review or if it wasn’t “honest” or “genuine” enough, it is fair use to excerpt video clips in order to comment on them. A copyright claim against a negative review is unacceptable no matter how unfair that review is. There is no legal requirement to “balance the bad with the good”; that’s only the law in elementary school classrooms

It doesn’t matter what you think about Minecraft or Terraria or any of that – you should punish any developer that chills speech and bullies critics

Originally posted by Ryo_Sangnoir:

If they own the copyright, they can DMCA any videos they want that feature their stuff.

No, they can’t. Please learn something about copyright before spouting off. The LAW provides fair use exemptions for commentary and criticism. If it didn’t, free speech would be chilled; only positive reviews would ever be allowed, and negative ones would be chilled by poor sports like you.

And I can’t believe you say things like this publicly! You embarrass yourself:

If someone creates a video featuring their kid dancing while playing my game, I’m DMCAing that straight off.

And if it were my video, I would not only counter-claim against you, but bring as much attention to you as possible. I would also seek out other people you bullied with this invalid claim and encourage them to counter-claim as well. I would then taunt you and DARE you to take me to court.

Why? Because using an insubstantial portion of your work in the background of something unrelated is quite likely fair use:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

Funny thing is, something similar happened in real life. Pulling a stunt like that would make you as douchey as the music industry.

Think twice before you try it, because you don’t look like someone who has millions of dollars to fight a protracted legal battle:

https://www.eff.org/cases/lenz-v-universal

The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler son dancing to a Prince song on the Internet.

Topic: Kongregate / DTD 1.5: A game with badges is no longer playable!

Originally posted by GameBuilder15:

It’s sponsored by Kongregate isn’t it? That’s ridiculous.

Exactly. But don’t tell that to Laxaria and his riveting wall of sarcasm. That just makes too much sense for him.

Any accusation against anything on Kongregate must be opposed vigorously, logic and sense be damned!

Topic: Kongregate / Should wikipedia links be banned?

Originally posted by Vegard20
are perfectly fine and don’t allow any inappropriate activities.

L O L

Originally posted by Private_Pigface:

Also, if anyone disagrees, please explain why 4chan and ED deserve harsher treatment.

No. DNFTT.

Topic: General Gaming / games YOU'RE most excited about this year

Games MY most excited about? I’m sorry, I don’t understand the question. Can you repeat it?

Topic: General Gaming / attention programmers o.o

Everyone has a million ideas. Either get some skills or get some money: http://www.reddit.com/r/web_design/comments/h6q6d/i_created_a_fake_web_design_company_to_troll/

Topic: General Gaming / Terraria

How can be it “like Minecraft” if it doesn’t have voxels? Notch didn’t invent digging.

Topic: Kongregate / Let's Plays

Originally posted by GameBuilder15:

Well how else are we supposed to film a Wii? Anyone else watch it? It’s epic. :P

Capture card. At the very least hold it still or set it down somewhere :|

Topic: Kongregate / Let's Plays

Originally posted by GameBuilder15:

I know it isn’t Flash, but everyone watch me do something epic in Black Ops. That’s me playing and my friend’s filming. The camera’s shaky at first, it gets better. Link Lol?

No way. I’m not gonna watch a camcorder LP unless it’s being Retsupuraed

Topic: General Gaming / What should every flash game have?

Upgrades, achievements, zombies, grinding, references to Internet memes, and a lengthy tutorial

Topic: General Gaming / This $1 game sold 5 million copies

Why does a game that millions of people have played only have 400 views and 13 votes on its video?

And your “friend” didn’t “show you this video”, Mr. 1-post, who registered just to advertise his game. Much like this guy is doing: http://www.youtube.com/user/hexdode

Flagged this thread as spam. Stop lying with outrageously fictitious sales figures to make your game seem more enticing; “everyone else but you is playing it!”. That number would make you as successful as Minecraft, and I’ve never heard of your crappy app.

Black Sea Studios: “Fully-owned subsidiary of Crytek”. Given that boost, it’s even sadder that what you’re saying is an utter lie.

Topic: Kongregate / Is it legal to recreate an NES game to flash?

Originally posted by Vegard20:

Originally posted by Dr_Stein:

Originally posted by Vegard20:

Originally posted by Smazzy:

What about Mario Crossover? The developer made that with all different franchizes, what if i claim its non-commercial?

No Super Mario is allowed, but Zelda is perfectly fine

Wow.

There are a lot more of them.

I always thought it was a stupid policy on Kong’s part. As long as they respond to removal requests from Nintendo, they have legal immunity (“safe harbor”). Proactive enforcement is stupid for exactly that reason: it’s spotty, it wastes man-hours, it solves no problem, and it often results in unjustified, overzealous removals of legitimate content.

To the OP: Super Mario Crossover “gets away with it” because Nintendo/Capcom/Konami/etc lets them (Capcom is too busy stealing from indies right now).

Most of the time copyright holders ignore fan games….

But sometimes they don’t – http://wakpo.com/articles/gaming-news/nintendo-shuts-down-fan-made-pokemon-mmo-pokenet

Then other times they do, then don’t (they’ll suddenly get litigious when they’re gearing up to release a new game in the franchise: http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=1416)

Topic: General Gaming / Notch is terrible at updating his own game

Also, for reference, the 2 guys who program Dwarf Fortress get funded purely by donations and still update faster.

Yearly?

Topic: General Gaming / Banjo Kazooie a Mario rip off?

Originally posted by 9joseph9:

you cant call it a rip off when THEY ARE BOTH MADE BY NINTENDO

Not exactly. Rare was a “second party” developer at the time.

And it was obvious to everyone at the time that Mario 64 set the standard, just like SMW, SMB3, and SMB1 before it.

Topic: General Gaming / About making your own game

Open up a text editor
Type in magical words
Compile it into a Flash game with the Flex SDK

Topic: General Gaming / snes games

All of these, in exactly this order: http://www.sydlexia.com/snes100/snes100.htm

Topic: General Gaming / Minecraft is LAME!

Originally posted by XANA520:
<

It is a very complex survival game with a unique gaming engine

- Complex survival? Punch the ground, hop in the hole, and cover yourself up. Now you’re invincible. Game over.

- Unique? Voxels are not unique.

Originally posted by Cammy_Justice:

Originally posted by Noddles:

Minecraft is addicting.

Addictive, get it right.

http://www.google.com/search?q=define%3Aaddicting

Causing addiction
en.wiktionary.org/wiki/addicting

Topic: Kongregate / how is this game allowed?

Originally posted by HappyAlcoholic:

Secondly….it’s a tiny vector circle, dude. I couldn’t fap to that pair if I tried.

But it’s the trying that counts.

No, believe me, it’s not the journey, it’s ALL about the destination.

Topic: Kongregate / how is this game allowed?

Firstly, titties are not by themselves sexual. Only repressed Americans and Brits – who are still stuck in the Victorian era, socially – think that. In Scandinavia, bare breasts are even acceptable in advertising. You cavemen should evolve.

Secondly….it’s a tiny vector circle, dude. I couldn’t fap to that pair if I tried.

Topic: General Gaming / --Suggestion Thread-- Flashgames to iPhone

Originally posted by JoshinatorKY:

If you are that damn poor you should not be able to get a iTouch to begin with.

“Paying inflated prices is a status symbol, YOU DAMN POOR SERF, I POOP ON YOU”

Sip your chardonnay and eat your caviar somewhere else than a Flash gaming site.

Topic: Kongregate / New Youtube Flash Game Channel

Originally posted by Darkboy5846:

He’s not doing Let’s Plays, though.
He’s making a walkthrough.

See:

or if I think a game is simply amazing and needs to be shared.

It’s okay though, I already knew I was the last person alive who can read

Topic: Kongregate / New Youtube Flash Game Channel

Originally posted by thechannel:

I don’t have a decent enough mic

Whatever. Do it anyway.

They’re called “Let’s Play”s, and you didn’t use Unregistered Hypercam 2 or point a camcorder at the screen, so you’re already ahead of the LP curve….