Using someone's IP

One of the other developers could take the files and post it or just simply post information on it.

 

This is the video game equivalent of fan fiction ("game-fic"?) and the same rules apply:

1. Creating your own IP is the fun part of game design. Seriously. Why just design a loaf of bread when you can design the complete sandwich?

2. Copyright infringement is a violation of private property. How much money you're making—if any—from the violation is utterly irrelevant. It's the whole "taking something that doesn't belong to you" part that matters. You wouldn't like it if someone your physical property without asking you first, so why would you expect to be able to "borrow" someone else's intellectual property without asking permission either?

Ask yourself this: "Is it my (intellectual) property?" If the answer is "No", then you need to ask for permission. It really is that simple. I honestly don't understand why people keep asking this question given that Google exists.

3. Whether an Intellectual Property owner will come after you for a violation depends entirely on that IP owner. Nobody can say for certain that Nintendo, SEGA, Atari, EA or Eidos will come after you with a Cease Desist letter and a pack of hungry lawyers. But the point is that it doesn't matter: you're still in the wrong and when—not if—you get caught, you will have no legal, moral, or ethical defence. None. Zip. Nada.

 

Even if you do have defence, they can still burn holes in your pocket for as long as they feel like it.

 

Don't try to, and stop asking question to try gaming the copyright system !!
Someone has spend money and time to build an IP. If you use it for your own interest, you basically stealing them for your own interest.
It's wrong morally and legally.

If it's a big IP from a big compagny you won't get an authorization. You will be lucky if they take their time to answer your to say no!
Big company never give official authorization for free. They usually ask lot of money.
That's why game around big IP are most of the time crappy. Because the biggest part of the budget only pay the right to use the IP.

In the best case, they will ignore you, because the salary of their lawer is more expensif than the harm you are doing.
And if you are lucky, they won't even know that you exist.

But stop dreaming by tring to be famous by stealing the fruit of other people work.
Instead, try to build your own univers and work hard to create your own IP.

 

False.

Companies can and do on occasion give permission.

 

Example ?

I tried myself, so I speak from experience...

 

http://forum.unity3d.com/threads/133961-Vampire-the-Masquerade-Bloodlines-sequel-in-Unity

 

I was on a project that got permission to use MICROSOFT IP. Sure the team fell apart and died a very slow and painful death, but the key thing is that the permission was granted.

[FYI, the game was freelancer].

I hope you realize the only thing you can prove from your experience is your own failure, not failure as a whole.

You know, Thomas Edison tried and failed nearly 2,000 times to develop the carbonized cotton-thread filament for the incandescent light bulb. And when asked about it, he said "I didn't fail; I found out 2,000 ways how not to make a light bulb," but he only needed one way to make it work.

- National Treasure

 

WHEN have I said I wanted to become famous? You need to stop acting like a stupid ass and saying S*** that isn't true. If you're going to keep acting like a retard and accusing me of S*** that isn't true you don't need to reply to this thread anymore.

 

You can't just rip-off someone else's IP without threat of lawsuits and trademark infringement etc... BUT, that said it doesn't stop millions of people from creating clones that are `similar-but-different`. Also I've read many people advise that it's a good idea when you're relatively new to indie development you should put aside your own amazing original idea in favor of cloning something that has already proven to be successful and popular, so that you're taking less of a risk and being more sure of getting a slice of a pie that's already had a lot of time and effort put into making it successful. But of course you can't get too close to being an exact copy.

 

Failed Example:
The editor of Freelancer is Microsoft, sure you have to ask permission...
Sure Microsoft guys had probably done a metting to ask themself if they have the right to use thier own IP to promote their own product

Good luck finding an example of a big IP permission granted for free.

 

Sure I'm acting like S*** and you're not.

If you don't want to be famous (or be successfull), why do you need to steal someone else IP ? (private or not you don't have the right to use it)

10 post already nicely explained you that you don't have the right, but you continu asking question to find the crack in the law, why ?

 

Sure, you can use someone else game design. Game design is like idea, and you can't protect idea.
Idea can't be copyright or trademark.

Name can be trademark, Code, and art can copyright.
An IP is protected by trademark and copyright.

You can developp a game with the same game mechanic as pokemon. But you can't call it pokemon and you can't make creature that looks like the orginal pokemon.

As soon has you use an IP, you are violating the law.

Sorry if I'm little hard, but there is so many crappy game on the applestore (or flash game) that making money on IP until they become enough big to get caught.
They are stealing IP owner money, but by flooding the market they also take money from other indie.

 

Exactly. You're lying. I'm not. And you don't HAVE to keep answering if you don't want to.
Why don't you get a life instead of insulting me?

Why do you care so much for fame? It seems like your trying to project yourself onto me. I haven't said the first thing that could be interpretted as me wanting to be famous.

 

Err... I completely missed what you are trying to say?

 

The project itself may have failed but it's still an example.

 

What I usually post in threads like this. OP, please read these:

http://www.templetons.com/brad/copymyths.html
http://www.gamedev.net/index.php?app=forums&module=forums&section=rules&f=5#legal2
http://www.sloperama.com/advice/faq61.htm

(Updated for 2012!)

 

Thank you, everyone who answered respectfully, for your time.
We aren't going to release it publicly but will make it and play amongst ourselves. If we want, later on, and think the gameplay is good, we will take out all Copyrighted and Trademarked references and replace them with something else. Thank you.

 

Big IP have some value. Asking to give you the right to use an ip and taking the risk of not getting money if you are successfull, is really optimitic. Usually it's a lawyer (a an agent) that take care of big Ip, and Lawyer never takes risks, they are paid not to. People usually don't give you something with a value of several ten thousand dollar for free.
There is other risks for a company to give the permission of using an ip. It can lower the ip value by:
1. breaking the exclusivity of an IP
2. if your creation is bad, it will give a bad image of the IP.

In real life, no one gives you the right to use a big ip for free.

The only case possibile is for charity. But in reality you still pay the IP with a kind of Advertising.

 

And I thanks you for your kindness and for being polite with everyone opinion during this thread
good luck!

 

No offense, but I'm not understanding what your big biff is with him actually getting permission to make a freelancer game. If he got it, so what. Quit rubbing it in his face.

 

I don't have any biff. I've just point that his example is not good, in the discussion that's all.

 

Oh, well I misunderstood then.

 

To finish with this thread: You can see a good article on the great simigo develpper here http://toucharcade.com/2012/02/29/simogo-and-how-its-sausage-is-made/

And I quote them:
"The fact that busted Pokemon rip-offs are able to take second place on the charts while Beat Sneak can't crack the top ten is also frustrating. "In a week where an app that was a copyright infringing picture of a Pokémon took the second spot in the charts, that is especially heart-breaking,” says Simon. “But in the end, what matters is sales in the long run, and if we can keep steady sales, that's good." Simon takes the high road, always."

I just hope that wfsw32 is legitimate, and will change all the copyright material before putting his game in public.
But I still thinks that's a bad advice to give to a beginner that he can use an IP.

 

Sonic CD on XBLA (apparently, but I'm not 100%)

Sorry to bump an old(ish) topic with my first post, but I'd say with IPs like Shenmue, those cease desist orders should be ignored, just as long as you're clever about methods and distribution (e.g. have absolutely no trace of your home address linked to forum accounts, develop it in private, distribute it via torrent sites, etc.)

And whilst I understand that a 3D Pokemon game isn't exactly original, it's still something that's been wanted en mass for a long time (I don't think Pokemon Snap and Colosseum count)

Bottom line is, if you're adamant about releasing it because you feel the need to get it out there, do it. Just be prepared to relinquish all credit by doing so anonymously.