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Complexities

Posted: Thu Dec 29, 2005 9:50 am
by Jontas
Shantzy wrote:I respect everyone's right to their copyright but at the same time wonder if it wouldn't be for the better if there were some general rules about this that were more generous..

Perhaps have a few rules about slander demanding you respect the original as to prevent things like QFG4.5 from happening.
Thats exactly the problem, QFG4.5 can easily be classified as parody, in which case it's alowed to borrow material and storyline for the sake of comedy.

Copyrights serve the basic purpose of protecting Origional creations form theft and exploitation, but they also serve to protect the quality and integrity of the origional creation. What garantee does the copyright holder have that the development team of the fan based game will do justice to the origional story, quality, and overall experience of the game. How do the set up rules that demant the right things from the group in question, and how on earth do they enforce them?

Posted: Thu Dec 29, 2005 1:50 pm
by Erpy
The answer is that they don't. The only way for an IP owner to handle this matter is judge exceptions on a case-by-case basis or not make any exceptions at all and guard the IP like Fort Knox. An IP owner needs to control his IP and have the final say on whether or not something is acceptable to be released if their property is used. Simply laying a few simple guidelines is still writing a blank cheque in way too many areas.
QFG4.5 can easily be classified as parody, in which case it's alowed to borrow material and storyline for the sake of comedy.
That's not how fair use works. The parody aspect in the fair use clause means you use material from existing IP and if you'd get sued, the judge/jury may rule in your favor based on the parody clause. This part of the law doesn't actually help people avoid lawsuits, it just might enable someone to win a court case. (in reality this never happened, because the other party can simply sue again and nobody in the right mind would enter a legal endurance match with a corporate giant)

Image

Posted: Wed Jan 04, 2006 9:08 am
by Jontas
Thanks for clearing that up Erpy.

Back to QFG4.5, That games was a joke and an insult to the integrity of Quest for Glory. I wish people would stop recomending it as if it were some sort of valid tribute to the origional games.