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Dav Flamerock Aug 31 2007, 7:40pm


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The Game Content Usage Rules From Microsoft - The HUUUUUUGE But Calming Post

There it is. It's been clarified to the point of me having a complete change of heart. Microsoft truly has made it easier for machinima creators... and to boot they're likely re-writing it so that we can understand it more clearly. First off, I'd like to point this part out - if Edgeworks DOESN'T for some reason fall under these rules (they may very well not), that doesn't mean MS will hunt then down and destroy them on-sight. They will be in exactly the same place they were before - don't make money and Microsoft won't persecute you. You know, how it's always been from the beginning. All this is saying is that "if you do fall under these guidelines, then we will protect you from the law".

If you don't, your situation will be exactly as it was.

Yes, that means that since MS didn't hunt down and destroy the Codex and the Heretic as they were coming out, I would be shocked and horrified if they did it to the Reclaimer. They're not becoming more vigilant, they're setting up parameters from which they feel comfortable defending us.

If that doesn't make you feel better and possibly (hopefully) make you want to continue with the Reclaimer, this might: (emphasis added by me) (You could get the point by just reading the bold)

<--QuoteBegin-The Article+-->
QUOTE(The Article)
<--QuoteEBegin-->Should I Stay Or Should I Go?

You should stay.

You know back before this agreement came out, when you were making your offensive, backstory-based, for-profit Machinima? Nothing's changed.

Worst case, if you make some Machinima that doesn't fit into this agreement, you're in exactly as much legal trouble as you were three months ago. Sure, the Agreement has some scary language about "you can expect to hear from Microsoft's lawyers" if you breach it, but neither Fred nor I reckon that MS are about to go on a Machinima clampdown, because That Would Be Insane.

Say you're making a piece of Machinima that makes South Park look like Sunday School material. Will MS shut it down?

Well, first of all, it's going to cost them money. It costs them money - quite a bit of it - just to send out a Cease and Desist letter. And if you happen to know your rights and decide to be bolshy about it, it's going to cost them more money to enforce the shutdown. If you actually decide to go to court, or if you live in a foreign country, they're into the territory of spending $30,000 plus to shut down your film, even if they can.

Do you reckon that they'd risk $30k to shut down your film? No? Then you're probably fine.

("But I don't have the money for a lawyer!" They don't know that. They don't know who you are. If the guy who made that offensive Halo video is an IP lawyer, or his father is an IP lawyer, or his family own most of Kentucky, MS might suddenly find they've bitten off more than they can chew. They don't want that, so they won't do anything unless the reward outweighs the risk.)

Secondly, any time MS decide to kill a film, they're risking a gigantic PR explosion. Everyone likes bashing Microsoft, and Microsoft are more than a little aware of this. Machinima's quite a hip cause, and we're still pretty monolithic - if MS shut down a Machinima film, everyone's going to be blogging about it. If it happens to be a popular Machinima film - which it pretty much has to be for MS to even notice it - then there are going to be thousands of mad, howling fans out there too. And then you've got the Free Speech implications, and suddenly MS is looking at lots of people pointing at it and calling it all sorts of nasty names.

MS Does Not Want To Go There. People on the 'net get very upset about censorship, and MS doesn't want any more bad PR days than it has to endure.

The call that MS make here will very much depend on how well they think they can argue its case. If your film is completely without merit to any reasonable observer, then they can and will probably shut you down if you are doing things they're worried about. However, if you've made a competent film which makes a genuine point, or is just plain funny or entertaining, then they're going to look a lot like they're attacking free speech if they try to shut you down - and that is something they won't want to do. So, you've got good odds if you've got a good film.

Thirdly, your film may well be legal anyway. Whether or not you're abiding by these Rules, copyright infringement isn't an open-and-shut case when it comes to Machinima, particularly in the US. Satire and parody are heavily protected under US law. Even if you can't characterise your film as either of those, you can still argue that you are making a transformative use of the material in turning it into a film - which covers you under Fair Use.

Now, as lawyers say, "Fair Use is a defence, not an exemption". If you actually end up in court, it's going to be sticky and unpleasant. But the point here is that it's going to be sticky and unpleasant for both sides!

The Rules are like an ablative shield against legal attack. You don't "use" them when making your film, and if you accidentally or deliberately put yourself outside them, you don't lose any of your other rights - the same rights that were the only thing protecting you before the Rules came out. All they do is carve out a big area in which Microsoft can't claim you're infringing at all - they actually limit MS and don't limit you.

The 99% of you who aren't working on "Red vs Blue: The Al-Quaida Propaganda Edition" should just keep going. If you can make easy changes to get within these rules, great - because then you're Definitely Not Illegal. If you're planning something absolutely massive, then you might want to get in touch with MS to check that you're OK (or you could call me, and I'll check with MS on your behalf).

But under most circumstances, even if the first six words of your new film are more offensive than an entire season of South Park, then these Rules shouldn't stop you.<--QuoteEnd-->
<--QuoteEEnd-->

So what do you say Nerrolken? Yes on the Reclaimer? No on the Reclaimer? I'm certain I'm not the only one dying to know.

Dav Flamerock

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Aglor Aug 31 2007, 7:49pm


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Yeah, maybe now they'll go through with Reclaimer. But as usual, it's up to them, and whatever we want may not actually make a difference. But personally, I would want to see the rewritten rule set before I made any choices about starting a new project.

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Krimsin Aug 31 2007, 8:51pm


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If we go through with the Reclaimer, I get dibs on an open VA role. tongue.gif

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Spazbro Sep 1 2007, 5:14am


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With the fact that Bungie would like to see machinima made with their Saved Films option, this whole thing could lead mass lawsuits and MS finally admitting that they are freedom of speech Nazis.

Well, some of them are.... I think...

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Krimsin Sep 1 2007, 5:29am


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<--quoteo(post=200742:date=Sep 1 2007, 02:14 AM:name=Spazbro)-->
QUOTE(Spazbro @ Sep 1 2007, 02:14 AM) [snapback]200742[/snapback]
<--quotec-->
With the fact that Bungie would like to see machinima made with their Saved Films option, this whole thing could lead mass lawsuits and MS finally admitting that they are freedom of speech Nazis.

Well, some of them are.... I think...
<--QuoteEnd-->
<--QuoteEEnd-->

You're right it's MUCH more likely for MS to sue everyone at once. huh.gif

-------------------------------
The TRU7H is out there.


You know what? Sloganizer isn't funny anymore.


"Rescudo pwned j00, ph34r t3h gu4rd14n"
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"What kind of complete moron would sig-quote himself??"
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QUOTE(Krimsin and his English teacher Mr. Austin)

A: Well, if what we read in the Da vinci code is true, then I guess any one in this room could be a descendant of Christ.

K: *Slowly walks towards the door, everyone laughs*

A: Heh, I don't suppose you'll be turning any water into wine for us today?

K: Nah, I'm underage.
   
 
spartan117 Sep 1 2007, 6:12pm


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Sweet! *grabs screenplay out of Recycle Bin*

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piklemeup Sep 1 2007, 6:46pm


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Isn't it funny how nobody who actually helps make the series has posted about continuing the series yet?
   
 
JadedTarget Sep 1 2007, 8:30pm


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Not really. As it stands Reclaimer is cancelled. It's bad to continiously change your mind, there's a lot that needs to be weighed before they can say anything about whether they are going on with it or not.

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mwhittred Sep 2 2007, 3:23am


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There was also a hint or two in the same article about the rules being a little different for Halo 3. The author left out the details, supposedly to save us from "spoilers", so I'll guess we just have to wait and see what changes.

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QUOTE(helljumper99 @ Sep 9 2007, 01:57 PM) [snapback]201429[/snapback]
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piklemeup Sep 2 2007, 12:13pm


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<--quoteo(post=200821:date=Sep 1 2007, 06:30 PM:name=CLT11)-->
QUOTE(CLT11 @ Sep 1 2007, 06:30 PM) [snapback]200821[/snapback]
<--quotec-->
Not really. As it stands Reclaimer is cancelled. It's bad to continiously change your mind, there's a lot that needs to be weighed before they can say anything about whether they are going on with it or not.
<--QuoteEnd-->
<--QuoteEEnd-->
No, I don't mean them changing their mind, but I mean I haven't seen any of them post on here at all (I've only been here for a day though, so I might not know what I'm talking about). It would be nice for them to let us know that they're reading these articles and considering their options.
   
 
Codex Staff Sep 3 2007, 7:59pm


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<--quoteo(post=200877:date=Sep 2 2007, 11:13 AM:name=piklemeup)-->
QUOTE(piklemeup @ Sep 2 2007, 11:13 AM) [snapback]200877[/snapback]
<--quotec-->
No, I don't mean them changing their mind, but I mean I haven't seen any of them post on here at all (I've only been here for a day though, so I might not know what I'm talking about). It would be nice for them to let us know that they're reading these articles and considering their options.
<--QuoteEnd-->
<--QuoteEEnd-->

Yes, we read them. And, yes, we consider all the options and appreciate everyone's input and discussion. But for now, nothing has changed.

And for the record, MS has an army of staff lawyers. They are on salary. It costs MS nothing more than they are already paying in the way of these guys salary to send out a C&D, and, by extension, it costs them nothing to pursue further legal action.



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:ph34r:
   
 
piklemeup Sep 3 2007, 11:17pm


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<--quoteo(post=201018:date=Sep 3 2007, 05:59 PM:name=Codex Staff)-->
QUOTE(Codex Staff @ Sep 3 2007, 05:59 PM) [snapback]201018[/snapback]
<--quotec-->
Yes, we read them. And, yes, we consider all the options and appreciate everyone's input and discussion. But for now, nothing has changed.

And for the record, MS has an army of staff lawyers. They are on salary. It costs MS nothing more than they are already paying in the way of these guys salary to send out a C&D, and, by extension, it costs them nothing to pursue further legal action.
<--QuoteEnd-->
<--QuoteEEnd-->
But it kills their reputation if they do decide to take legal action. Everybody likes to bitch at MS, and if they can find a new reason, they'll do it. I doubt that they would take legal action for such an insignificant thing such as this, but I'm not the staff here. I just kind of wanted to point that out.
   
 
Fish Sep 4 2007, 6:20am


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I really don't think you have to point anything out to them... I'm pretty sure they know more about it than you do anyway...

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piklemeup Sep 4 2007, 12:34pm


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<--quoteo(post=201063:date=Sep 4 2007, 04:20 AM:name=Fish)-->
QUOTE(Fish @ Sep 4 2007, 04:20 AM) [snapback]201063[/snapback]
<--quotec-->
I really don't think you have to point anything out to them... I'm pretty sure they know more about it than you do anyway...
<--QuoteEnd-->
<--QuoteEEnd-->
I know, but it doesn't hurt to post that does it?
   
 
parkspapercut Sep 7 2007, 10:53am


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I think this is very sad, and I hope Edgeworks decision on proceeding with the next chapter in their increadible story, they have come from humble beginnings with the Codex and quickly become a pillar of the machinima community.

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Gaia
Sep 7 2007, 11:07am


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ZOMG, parkspapercut!!!!!!!!!!!!!!!!! hiiiiiiiiiiiiiii!!!!!!! biggrin.gif biggrin.gif biggrin.gif

long time no see!!!

how ya doing, man?

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dark-ajax Dec 5 2007, 9:16pm


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I still hope they'll update the New-Archive soon so they can atleast explain a bit of the confusion.
dry.gif
   
 
Trance Dec 5 2007, 9:28pm


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You guys are the only ones percieving confusion here. The rest of us are perfectly clear with what has been stated by Edgeworks.

I don't see what it is about the newspost in question that is so baffling. It's not some logic puzzle, it just requires you to digest the information you read.

Thread closed.
   
 
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