@TheNewButler if precedent is what you need then that was set by the lawsuit against h3h3 for using copy righted content in his YouTube videos. User created content that is transformative in nature is now by law. Fair use, this includes things like videos, twitch streams, animations (like robot chicken which by your logic shouldn't even exists as everything in it is someone else's ip, including both marvel and Nintendo), fan fictions, satire, cosplay, and yes even digital content like game levels. This was NOT settled out of court and is now the precedent when it comes to copy righted material online. Which is where these exist, not as part of the game being sold. None of Nintendo's actual assets where used, or the code from their games. The levels are all entirely original and contain the likeness of an ip, which is fair use. If Sony challenged it and cited fair use they could win. They should win. They should challenge this to protect fair use and their users, But this isn't a question of rather or not it's legal it's a question of if it's worth the time and money from Sony to contest it. FYI companies don't settle out of court if they know they are about to win anyway, it's a silence traffic used to bury the case and avoid percent being set, just like Nintendo knows this is fair use but is using this strong arm tactic and the playing the victim role in hopes that will harbor bad press for Sony and they will comply to save face or just settle out of court to avoid a long drawn out legal battle and get the headline "we reached an agreement" so they look like they are working together and friendly competition now. But hey you already knew all this right, after all you are in school for this soooo that makes you an expert lol papa bless
@Devlind the law doesn't work on mights and maybes dude. They would have to prove that dreams is only selling because their ip has inspired some of its user creations and be able to put a number to how much profit has been made because of it IE prove damages, which they can't. Fair use also says you can use ips like Mario and video games or movies on your own work if that work is transformative in nature and not sold for profit. IE a twitch steam or YouTube video isn't sold its free and thus fair use applies as long as you aren't copy and pasting the content but using it in a creation of your own. This is set by the lawsuit against h3h3 and why Nintendo changed its stance on its creators club, they had to legally. You can protect your ip from theft but you can't stop people from being fans of it, you can't sue fan fiction, or robot chicken for playing with toys from your ip in an original way and this is no different. Nintendo can be salty but legally speaking they have no right to the content in dreams even if that content contains Mario. Long as it's not a recreation of their work exactly, or being sold as dlc for profit, it's fair use. Thank you h3h3 for setting the precedent, papa bless
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Re: Nintendo Putting Pressure on Sony to Remove Dreams Creations on PS4
@TheNewButler if precedent is what you need then that was set by the lawsuit against h3h3 for using copy righted content in his YouTube videos. User created content that is transformative in nature is now by law. Fair use, this includes things like videos, twitch streams, animations (like robot chicken which by your logic shouldn't even exists as everything in it is someone else's ip, including both marvel and Nintendo), fan fictions, satire, cosplay, and yes even digital content like game levels. This was NOT settled out of court and is now the precedent when it comes to copy righted material online. Which is where these exist, not as part of the game being sold. None of Nintendo's actual assets where used, or the code from their games. The levels are all entirely original and contain the likeness of an ip, which is fair use. If Sony challenged it and cited fair use they could win. They should win. They should challenge this to protect fair use and their users, But this isn't a question of rather or not it's legal it's a question of if it's worth the time and money from Sony to contest it. FYI companies don't settle out of court if they know they are about to win anyway, it's a silence traffic used to bury the case and avoid percent being set, just like Nintendo knows this is fair use but is using this strong arm tactic and the playing the victim role in hopes that will harbor bad press for Sony and they will comply to save face or just settle out of court to avoid a long drawn out legal battle and get the headline "we reached an agreement" so they look like they are working together and friendly competition now. But hey you already knew all this right, after all you are in school for this soooo that makes you an expert lol papa bless
Re: Nintendo Putting Pressure on Sony to Remove Dreams Creations on PS4
@Devlind the law doesn't work on mights and maybes dude. They would have to prove that dreams is only selling because their ip has inspired some of its user creations and be able to put a number to how much profit has been made because of it IE prove damages, which they can't. Fair use also says you can use ips like Mario and video games or movies on your own work if that work is transformative in nature and not sold for profit. IE a twitch steam or YouTube video isn't sold its free and thus fair use applies as long as you aren't copy and pasting the content but using it in a creation of your own. This is set by the lawsuit against h3h3 and why Nintendo changed its stance on its creators club, they had to legally. You can protect your ip from theft but you can't stop people from being fans of it, you can't sue fan fiction, or robot chicken for playing with toys from your ip in an original way and this is no different. Nintendo can be salty but legally speaking they have no right to the content in dreams even if that content contains Mario. Long as it's not a recreation of their work exactly, or being sold as dlc for profit, it's fair use. Thank you h3h3 for setting the precedent, papa bless