Can the lawyers on the receiving end of a DMCA takedown take the other party to court for a frivolous suit? I thought one of the problems was that there is no recourse for those on the receiving end of a bad DMCA takedown?
What I think would happen is the modders send a DMCA takedown, and EA either does take it down, or they file a “we’re not violating copyright, promise” form and then that’s the end of the DMCA. If they file the “we’re not violating copyright” form, then from there the modders can file a normal copyright violation suit if they choose.
Right, EA would file a counter-notice. Then the modder would have to get lawyers involved and file an actual legal complaint, and EA would respond with their lawyers.
But once they file the counter-notice, you could just stop there. They could sue you for filing in bad faith, but I’ve never heard of that happening.
Nothing. Modders suddenly feeling they should be paid is really entitled and kind of crazy. Hey I made some fan art of a marvel character, should marvel pay me?
Modding isn’t a job, and you can’t make money off of someone else’s game
It’s not work . I’m currently modding a game, it’s a hobby. And I’d be entitled as hell to think I should be paid for it.
This “pay the modders” thing will just lead to more micro transactions. You want to download that created wrestler in the new game? It was made by so and so, you now owe. $9.99. fuck that
It’s not about pay the modders so much as if the developer of the game took your mod, put it in the game proper, claimed it was their work, and charged people for it.
I found several definitions where this meets the definition of “work”, but I’m interested to hear your argument about how “time and effort spent doing a task” is not work.
This is the wrong comparison. If you painted a modified version of an existing painting, the original painter can’t take your work and sell it against your will.
No it’s not. The modder didn’t sell anything. Wanting to be compensated if somebody else makes a profit from your work that you put out for free is not the same thing as selling it.
No, because they weren’t even offering it for sale. But they also weren’t offering it to be taken to be sold by somebody else for a profit. Which is what the studio did anyway. So now, after the fact, they can either pay a compensation and credit the modder, or they can remove their stuff from the game.
They’re still taking something they didn’t make and selling it as though they did. I have every right to write and film a Batman movie, spend as much time I want making it professional, and then show it to people, as long as I don’t charge them for it. That doesn’t give Fox or whoever the right to take my movie and charge for it instead. Even if I did break the law by making people pay for it, the actual owners would only be entitled to that money, not to go make mroe money off of it themselves. It’s still my work even if it uses concepts invented by someone else.
There’s a reason every franchise under the sun has mountains of fanart and fanfic without the companies that own them trying to take control of it: it’s blatantly illegal.
But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
If the rights holders enter into a contract and pay you for your work, I don’t think they can turn around and sue you for making a profit off of it. I’m no lawyer, but I don’t think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
Corps are abusing a conflict within the laws, it’s not even a loophole, it’s just the unfortunate way the laws that protect each person/industry don’t agree.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
That isn’t what a DMCA is for. Someone being compensated for the work they’ve done is unrelated to suing a company for using your art/code/work without permission or reference. Weirdly aggressive to modders though.
Edit: for your edit, you can’t monetise a mod for someone’s else’s game directly but you can absolutely make money modding. And even if their EULA enables them to do so, taking a modders code without at least a reference is pretty dogshit. Literally a million dollar studio ripping off people who did it out of passion knowing full well they wouldn’t get compensated. I’m surprised a EULA can protect them legally for doing it tbh.
I haven’t played in a while but a ton of my friends are into it, including people who normally wouldn’t be into gaming or Pokemon. I don’t totally get it but they’re doing something right
I tried it way back when it launched, and before that, the whatever previous non-pokemon game they made. I didn’t stick to it, and today I wouldn’t touch a location tracking game with a long pole, but there was more fun in it than just collecting fake creatures or whatever. Going out for a walk and making my way to places marked on the game map was cool. I found some interesting landmarks that I had no idea about before.
I haven’t played in the last year or so but the game did age very well. I played it like everyone else when it first came out and the novelty quickly wore off and the game had very little depth. I revisited it many years later on a whim and was surprised with how much content had been added. I ended up playing regularly for a few years after that with my wife. The game is definitely dependent on where you live and now that I’m in a more rural area I don’t play very much but even in a medium population city it’s was very enjoyable. I joined a local discord and we attended many community days and it was a great deal of fun and very social. Fond memories, and I hope to revisit the game again
I had fun with Go when it launched, but haven’t played in years. What I love about it though is how many"non- traditional" gamers play it. I’ve had more than one 50+ coworker I’ve known tell me they play it often, and do no other gaming besides it. Two of my sisters also play, and they don’t play any other games. I think that’s awesome.
The story’s been basically the same since the first game anyway: Gannon bad. Zelda missing. Kill Gannon; rescue Zelda. Oh and there’s maybe a triangle to find depending on the game.
Definitely true. But I liked the renditions from the last two 3d games before BOTW. It’s just the gameplay that was rough in those. The next round needs to put the two together.
You haven’t had to rescue Zelda much in the past 25 years.
In Ocarina of Time, Zelda was a badass ninja warrior that was constantly helping you.
In Majora’s Mask, Zelda didn’t appear.
In Wind Waker, Zelda was the leader of a gang of pirates. She had their respect and undying loyalty despite all being twice her size, because of her toughness and bravery. IIRC she actually kills Gannon in this one by bouncing an arrow off Link’s shield.
I don’t remember Twilight Princess enough to speak on that one, tbh.
In Skyward Sword, you think you’re saving Zelda, but she’s actually totally fine the whole time. She’s working with a Sheikah to restore seals to prevent Demise from returning.
In BotW, Zelda is fighting Gannon for 100 years (!!!) to buy time while Link sleeps and then later cooks food in his underwear.
In TotK, Zelda makes the ultimate sacrifice, trading her humanity to give Link a chance to beat Ganondorf. She makes herself immortal, but trades away her individuality and ability to think. She spends eternity crying because of what she lost to give Hyrule hope. I think she’s particularly brave in this one.
Zelda has not been a damsel in distress for a very, very long time. Both Zelda and Link play critical roles in saving Hyrule. Their roles are just different. Link saves Hyrule with a sword. Zelda saves Hyrule in other ways. Their roles are different but equally necessary.
Ocarina of Time, Zelda was a badass ninja warrior that was constantly helping you.
And is then captured by gannon toward the end of the game and you must rescue her.
Doesn’t appear in Majora’s Mask
I am not even counting the games she doesn’t appear in at all. Link’s Awakening and pretty much all the GBA games are like that. But they aren’t the main series, either.
In Wind Waker, Zelda was the leader of a gang of pirates. She had their respect and undying loyalty despite all being twice her size, because of her toughness and bravery.
And she is kidnapped at some point in the game, and you must rescue her.
Don’t remember Twilight Princess
Like Link to the Past, OOT and WW: Shes kidnapped toward the end by Ganon, and you must rescue her.
Skyward Sword
Zelda is literally trapped in a crystal and must be rescued by killing Demise. Sure, she put herself in that crystal, but you still save her from being imprisoned forever.
BOTW
Like Skyward Sword, Zelda is trapped as energy in a constant battle to keep Ganon at bay. Since she comes back in TOTK, you obviously rescued her.
TOTK
I haven’t beat the whole game yet, but either it’s the only main series one where you don’t rescue Zelda, or Link finds a way to turn her back to normal, which would be like rescuing her, much like Skyward Sword and BOTW. And please don’t spoil it for me; the big twist was already spoiled by all the memes and it’s impact when seeing it happen in the game wasn’t nearly as cool as it would have been otherwise.
As a lifelong Zelda fan, I’ve never cared much for the stories of Zelda games anyways. Like Mario games, they’re always incredibly simple placeholders that boil down to “princess gone, defeat evil that took her”. These games got their start when that was the only story that you could fit on the cartridge anyways, so I could see why Nintendo would want to keep that spirit alive.
Plus, in an open world game, is story really that important? I’d rather have the excellent gameplay of TOTK than something like Red Dead 2 which is a great story with excruciatingly boring gameplay.
I really enjoyed the writing of the side characters in the N64 games. Sure most only had two maybe three things to say outside a side quest but they all had a nugget of commentary on the human condition.
Personally I thought that N64 and the beginning of GC had the best cadence of Zelda games; a retelling of the main “legend” (evil ganon, triforce power corrupted, magical princess captured to use towards ultimate evil plan, hero appears, master sword, open path to ganon, defeat, time/space/existence saved) which was OOT, followed up by “here’s another adventure the hero went on that has almost nothing to don’t any of that, and it’s more character driven” which was Majoras Mask. It looked like we’d repeat that cycle with WindWaker (and to some extent I guess we did with Phantom Hourglass and Spirit Tracks) but then we got TP and nothing and SS and nothing and they got so bogged down into turning Zelda into a lore dump. Now we don’t even have dungeons and item anymore. Dungeons and items were the core gameplay! Imagine being able to hook shot around in BotW?
The sort of alternate universe I yearned for once upon a time was Zelda continuing to be about time gimmicks. OoT had two points in a timeline, MM had the groundhog’s labor day weekend, and there was oracle of ages/seasons by Capcom. I guess there’s only so many ways to spin it though.
The stories in most Nintendo games are weak and mostly pointless. I loved BOTW but strrrrrrrruggled to enjoy TOTK. It just felt too gimmicky. And I adore RDR2, story and gameplay.
Honestly I don’t think anyone can really look at TotK and not think it was a massive undertaking. They took the giant open world of BotW, made it bigger, and added a ton of more physics interactions, and have it running on a 7-year-old gaming tablet. It’s incredible they could do that at all.
Geforce now is amazing. Much better image quality(video stream), on top of running on pc(so better graphics and fps). It is obviously more expensive(and doesnt come with any free games) but you do get what you pay for.
The microsoft cloud is “almost kinda working”/“this is neat” while geforce now “wow, i guess cloud gaming is the future”. Now if only nvidia could persuade sony and japanese devs to release their games on geforce now(though dragons dogma 2 was, which was surprising).
I have to note that sometimes, the loading times on geforce now can be long, this is not normal and varies. Sometimes load times are normal, sometimes are fucky. I think geforce now has become more popular lately and this has caused some issues. Also if a game is really cpu dependent(like dragons dogma 2), the geforce now cpus arent that great.
Another issue is that since games often use weird launchers and drm, this can cause issues. But eventually these issues are resolved.
eurogamer.net
Aktywne