tag:blogger.com,1999:blog-6649691172450161008.post2662082844529831574..comments2023-11-03T03:38:44.229-05:00Comments on Law of the Game: Copyright 2: Electric BugalooMark Methenitishttp://www.blogger.com/profile/03696857044549569635noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6649691172450161008.post-8088065631367997652007-07-08T10:28:00.000-05:002007-07-08T10:28:00.000-05:00I'm not quite getting how Machinima that does not ...I'm not quite getting how Machinima that does not use any art assets from the game could be considered derivative. The only copyrighted material would be the software itself, that is the game engine. If you are only distributing a video, you are only distributing something made with the software, not any part of the software itself. I don't see how this is any different than distributing a document you made with Microsoft Word.Ace of Sevenshttps://www.blogger.com/profile/03009964772057058535noreply@blogger.comtag:blogger.com,1999:blog-6649691172450161008.post-61833601648935062872007-07-06T13:21:00.000-05:002007-07-06T13:21:00.000-05:00Perhaps I'm misunderstanding you, but the claim "B...Perhaps I'm misunderstanding you, but the claim "But its [a game's] use is limited to personal play on the system you bought it for," seems wrong. So long as I'm not making copies or engaging in public performance (that is, making personal use, as you say) exactly how I make use of a book, a CD, a DVD, or a game is irrelevant. (Assuming we're sticking to pure copyright, mind you. Things get weirder when you have to consider the anti-circumvention parts of the DMCA.) I might play an audio CD in a CD player or in a computer. I might play a PlayStation game in an PlayStation, PS2, or an emulator.<BR/><BR/>Furthermore, you gloss over the validity of EULAs which aren't visible until after the user has purchased the product, can trivially be overlooked, and that a user does not explicitly agree to. For computer software there are court cases backing so-called "click wrap" EULAs in which a user has to at least click "YES" or "I AGREE" to indicate they have been presented with and they agree to the EULA. But I'm not aware of any cases supporting EULAs which are not actively presented to the user. The majority of console video games I have sitting around don't have any EULA, so it's clearly reasonable to assume that a given piece of game doesn't have one. Since I frequently don't even bother to open the manual, I often have no idea if a EULA is present or not. I've never had a console game specifically tell me about the EULA. As I don't need a license of any sort of engage in personal, non-copying use of a copyright protected work, what is the legal basis for my be limited by the EULA? By any reasonable interpretation, I'm only restricted by basic copyright law, and copyright law doesn't have implied licenses.Alan De Smethttps://www.blogger.com/profile/09091994420717419182noreply@blogger.com