ID:1417351
 
I was considering profiting from my game especially since the game cost me a lot to make but I can't do that?
Correct.
Okay. But donations are still allowed right?
I'd suggest you take up the issue of copyright law and matters surrounding profiting from other peoples' IP to someone who can actually speak in terms of what the laws would be.

This isn't a matter of BYOND's stance, but a matter of law, as such, nobody here is going to be able to advise you accurately on the matter.
Donations can be a problem as well. I don't know how things go now, but I used to read a lot of posts where fan games were made hidden, or where they were in danger of being hidden because they either accepted donations or someone was trying to prove they were.

So, as far as I know, fan games that accept donations get the same treatment as BYOND has to give to Funimation, and Square Enix related fan games.

This may, however, only apply with donation buttons, encouragement on the hub, etc. I'm not certain, but any donations at all for fan games are likely in violation of copyrights, technically speaking.
In response to Toddab503
Technically just making a fan game is a violation of copyright law. But accepting money for such a game makes it much more serious.
As Ter said, it's really a matter of copyright law and not BYOND's stance on things, the simple matter of MAKING a fangame is illegal, and you open yourself to legal action just by doing that. But, that's usually not enough to fly onto the IP holder's radar unless your game becomes insanely popular.

However, profiting in any way on a fangame automatically increases your chances of getting on that radar by a pretty high percentage. This includes everything, donations, in-game markets, subscriptions, and even people who play your game giving you money directly as it could be considered the only reason they gave you money is due to your fangame.

It's really muddy waters, a good bet is having no money involved, including donations. The best bet is not making a fangame at all.
Unless it's Megaman. Capcom couldn't care less. Heck, they'll probably steal something from you and put it in one of their own games.
I don't know the terms exactly. However, if I were in the original creators' shoes, making a fangame of something I made is okay. Making profits from said game is a huge no. If you did make money, I would say that the money should belong to me. Else, your game would get taken down and prohibited from distribution, or suffer legal action.

I am sure Notch must have gotten upset when Minecraft clones started tp pop up. Unfortunately, you can't claim copyright infringement on an idea. Only explicit identities and names. Software, however, is immediately copyrighted by US law as soon as it is made, afaik.

In short, I suggest not taking profits. Donations for services otherwise are okay. "Donations to help keep the server up" is a gray area, but usuallu nothing troublesome. "Subscriptions to this game and its assets" is an obvious red flag.
Okay. How about I create a game based off this one and change everything like the names, the story etc...
That's legally not much different, as it goes. About the only saving grace I can think there is that if your game was such a poor representation of the anime you've based it off in the first place, the change of names might allow you to argue the toss.

But still, it's all the same to BYOND, a DMCA notice received sees the hub removed, and the notice is forwarded on to you for legal action. Given we received notice for things like "Draggin Ballz 4k" I imagine a copyright holder wouldn't have problems issuing us one for a "renamed but obviously very much [anime name] game".

The long and short of it is make a game off your own ideas, if you want to monetize it.
In response to Stephen001
I thought if I can make a spin-off and change everything no one would argue against it.
You thought wrong, sadly.
In response to Stephen001
Explain please. Let's say I had an inspiration from Naruto. So I create my own game where ninjas fight each other's and use different moves against each other. I see they have nothing in common. If doing that is copyright then naruto be about the concept of ninjas is also copyright. Then Harry potter the concept of witches and wizards is also copyright. Then dragon all a concept of ki is copyright. Then a ting is copyright! Get my point?
Depends how specific you get with your 'inspired material' if it's obviously just ripping off stuff from Naruto you're gonna get in trouble, but if it's only drawing generalized elements from it like ninjas and ninja moves you're fine. As long as those moves don't function, act or sound like the moves from Naruto.
Depends on the notion of moves. Ninjas summoning things for example is probably not an exclusively Naruto concept, but is a core concept to Naruto and basically summoning giant frogs and then casually calling the move "summoning ... arts" is quite clearly a thinly veiled rip-off of Naruto.

The problem comes in then, the copyright holder can issue a DMCA notice, and somewhat regardless of whether it holds up in court after a full court case, the notice is against BYOND and it's BYOND that would incur the costs of defending that. Costs which would bankrupt BYOND. So BYOND just complies (unless it's obviously frivolous), removes the hub entry in question and forwards the notice on to you, so you can spend the thousands of dollars defending it in court if you want to.

BYOND certainly isn't in a position to flirt with the validity of DMCA notices on your behalf, it wouldn't be very responsible for all the other BYOND users, particularly the ones that made original IP games off their own backs.
In response to Stephen001
If my game gets a warning like a C&D letter I will just remove the hub. But will BYOND take it down if I make profit off my game? I thought I make profit off my game until I get a C&D letter or something.

But if I were to remake my game I don't think it would matter if the concept is the same but everything else different. If I use naruto as inspiration I can just have super powered ninjas creating moves and no one would argue. There were games ripping off other games and not getting in trouble. A person who has built chairs does not owe money to everyone who has ever built chairs.
The point is quite simple, BYOND isn't in a position to flirt with legal discussions with copyright holders, so no, we won't list copyright infringing games that are designed for-profit.
In response to Stephen001
So I can't make profit from my anime based game then? Why does BYOND allow all those copyright-infringing games on its hubs?
Because ... people wanna make em? That seems pretty disconnected with your for-profit anime game aspirations?
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