ID:132334
 Apr 24 2011, 12:37 pm
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I know there are issues with Anime games being produced and advertised on Byond because, for example, Funimation don't want people making games of Dragonball Z. But is there anything stopping us from using the fair use act to further our education in developing games? The fair use act promotes the use of using copyrighted material for criticism, research, teaching and in general scholarship stuff. I'm sure a lot of people who are making games on here feel that they are doing this to further their knowledge to make games of a much higher standard. So do you think this is reason enough for them to allow us to use their copyrighted creations for our own study?
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They will be listed until they get a C&D. That's how it works. You get a C&D (Cease and Desist) and you either comply (by removing the offending material) or ignore it and hope they don't drag you to court. The fact that BYOND's ISP is also receiving the C&D means that if Tom ignores it, the plug on the website and hub servers gets pulled.
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As of right now I am fairly sure Viz Media actually encourages fan games as long as no money is being made.
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I don't believe it qualifies as educational use or as a criticism, but if Funimation sends you a C&D, you're more than welcome to fight them in court and see how it goes. However, it's my understanding that Tom has neither the money nor the wish to go to court (nor to be shut down by their ISP while they do so), so BYOND won't be listing the games on the hub.
You are welcome to create your own hub, separate from the BYOND website, and take the liability yourself.