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/vr/ - Retro Games

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>> No.4942336 [View]
File: 179 KB, 800x936, 12382-nuke-it-1000-dos-back-cover[1].jpg [View same] [iqdb] [saucenao] [google]
4942336

>>4942215
>That companies can't sell fan-made work without game creator's permission?

This. The short of it was that a D!Zone style map collection called "Nuke It" was being sold, and the company that was doing it argued that:
a) MAP files aren't actually Duke 3D itself because all they do is tell Duke 3D what to make and don't contain any graphics/sounds themselves, meaning they aren't derivative works of Duke 3D and thus weren't breaking copyright, akin to how Game Genie just allowed players to modify a game they purchased on their own, which was found in a court to not be making a derivative work
b) Players making their own maps fell under fair use, i.e. outside the bounds of copyright
c) Even if they didn't fall under fair use, 3D Realms essentially licensed their Duke claims out to the public because they allowed players to make their own maps.

The court said:
a) >>4942191 - that MAP files are effectively the same as detailed fan-made sequels akin to someone making "a book about Duke Nukem" which "would infringe for the same reason, even if it contained no pictures," and are thus derivative works with all the copyright/licensing stuff that goes along with it
b) Map making is not fair use
c) Not only did 3D Realms explicitly demand that all fan maps be free, but even if they didn't, Micro Star (the map sellers) still wouldn't have been allowed to sell Duke derivatives without a license from 3D Realms.

Therefore, selling Duke maps on your own is copyright infringement, which would mean any D!Zone kinda business is illegal unless it got explicit permission from the licensors, like Final Doom. (Also, putting game screenshots on your box that you're selling without a license is infringement.)

>> No.3226443 [View]
File: 179 KB, 800x936, 12382-nuke-it-1000-dos-back-cover.jpg [View same] [iqdb] [saucenao] [google]
3226443

Wow a 1000 levels thats gotta be worth $60

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