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big giant circles

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Posts posted by big giant circles

  1. I mean, from a consumer standpoint, their marketing guys are idiots. Also, the two games I own are ME3 and Syndicate, I didn't work on either. :P

    Anybody who sees Valve making piles and piles and piles of money and then says some uppity remark about how they don't know what they are doing and how they're hurting the industry (despite getting MORE people to buy games AND combating piracy at the same time) are just not seeing things in an adaptive, intuitive way. They're seeing things with some business degree that probably pre-dates the internet and the way modern consumerism, especially of digital content has gone. Not to mention how fast the game market generally moves. Games get hyped for a year, then they come out, and within a couple months, players have already moved onto the next game. So throwing something that I was mildly interested in but ultimately didn't care enough to shell out $50-60 to play on sale for 50-75% off is a great way to convince me to give them my money anyway.

    And just to clarify, I didn't work for EA. I didn't even work for BioWare. I simply worked for Jack Wall. So I'm allowed to smirk at some short-sighted marketing guy's silly perspective :)

    Carry on.

    On topic, so far I've picked up MW3, Rayman Origins, Tobe's Vertical Adventure, and World of Goo.

    I'm holding out for Crysis 2, Alan Wake, Black Ops, and maybe Skyrim (which I only don't have b/c I know I won't have the time to play it for quite a while yet.)

  2. Interesting, I didn't realize Valve responded to that. Good for them. EA are idiots. Anybody that says Valve's marketing strategies are bad are idiots. The proof is in the gobs and gobs of money that I constantly throw at Valve that I wouldn't otherwise if not for these sales. It's why I own 2 games (grudgingly) on Origin as opposed to like 200+ (or something like that) on Steam.

  3. BGC, I am concerned for OCR's appearance in the legal system.

    Whether you're handling the surplus well in a harmless not-for-profit way or not, Square Enix isn't gonna care when all they see is you guys generating oodles of funding for something that has Final Fantasy all over it.

    However, if you guys have tons and tons of prize ideas lined up for this, it seems you have it under control.

    Perhaps if you stated that out in the open you guys wouldn't have had so much negative feedback.

    It's not really legal to take donations for one thing and then use it for something else.

    I just don't have the energy to reply to why you're still far too concerned with something that's not really an issue. Suffice it to say, I wouldn't worry about it. OCR isn't pulling some shady scam here. Either support it, or don't, and move on. There will always be folks who are upset by the success of others. Heaven forbid that a non-profit site like OCR actually receive an abundance of monetary support after all these years of volunteer service to the world of video game music. I hate to think that MORE awesome things might come as a result of said support.

  4. Should've set a funding ceiling limit for the Kickstarter. If Kickstarter doesn't let you do that, I would say this isn't really something that should go on Kickstarter.

    Why is it such a big deal if this gets over-funded? Even if it generates a huge surplus, it's not like the site is suddenly for-profit. Seriously, it's like it's a crime to generate a huge pool of money that might just be beneficial to a not-for-profit site for years to come.

    I am irked by all the "wtf guys, you're too successful!" that I see when projects (including this one) do well on Kickstarter.

  5. Dang, that other entry (#9) is really on a push. Last night Amanda's entry (#6) was up like 213 to 154. Now #9 has taken a pretty staggering lead at 240 to her 213 overnight. I guess she has a lot more people sharing.

    C'mon guys, we ought to be able to whip up some fairly impressive numbers here

    Thanks so far to those of you who have voted already! <3

  6. Wow, that 2nd place picture (#9) has really jumped up. It's now 146 to 141. Vote #6! :)

    https://www.facebook.com/media/set/?set=a.10150921288491864.414577.11327971863&type=3

    i suppose i could add 2 votes by liking with my pages, but i feel that would be cheating :<

    You know, I actually voted with my personal account and my BGC account, and I'll be honest. I don't feel bad about it at all because popularity contests in general are crap. Fairness is pretty much already out the window when it comes to the mass public being the determining factor to who wins or not. I realize I'm biased, so maybe it's hard for me to be entirely objective, but considering the topic is picnics, her entry IMO does fit the theme better than most (possibly) all of the other finalists, but since it's a popularity vote, that doesn't really matter to anyone because in the end, it's just whoever rallies the most people to vote for them.

    So that's pretty much what I'm doing ;)

    I'm also motivated by the fact that I get to watch her giggle with glee like a giddy child at Christmas when she sees the amazing support you guys, who don't even know her (well most of you anyway) are giving. It's very touching, even for something as simple as clicking a link and liking a picture.

  7. Um, aren't we remixers also at risk of infringing said laws, seeing as we are remixing music from big companies like Square-Enix and Nintendo? Even if it's not for profit I think they (the VG companies) can still find ways to sue people who use their intellectual property without consent.

    Granted...I'm not too savvy with Law and Business in general, so I might be totally wrong =p

    The reason that this is a gray area, and why we're probably not in the wrong (I mean after like 13-ish years of the site being up) is that we provide proper and full credit to composers, publishers, and copyright owners, and since this is a not-for-profit site that doesn't sell any of the music, then the work hosted here (if ever it falls under legal scrutiny) is likely going to be able to fall under the same category as mere fan art, which is also not illegal/criminal. It'd be like suing people for drawing pictures inspired by games on deviantart. The very worst OCR would ever get if it ever came to that would be a C&D I believe. And seeing as we're actually providing free marketing for hundreds of games and developers, I'd say that's pretty unlikely that it'll ever happen.

  8. http://www.copyright.gov/title17/92chap5.html

    § 506. Criminal offenses4

    (a) Criminal Infringement. —

    (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

    (A) for purposes of commercial advantage or private financial gain;

    (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

    © by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

    (2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

    (3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —

    (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —

    (i) the copyright owner has a reasonable expectation of commercial distribution; and

    (ii) the copies or phonorecords of the work have not been commercially distributed; or

    (B) a motion picture, if, at the time of unauthorized distribution, the motion picture —

    (i) has been made available for viewing in a motion picture exhibition facility; and

    (ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

    (B) Forfeiture and Destruction. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

    © Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

    (d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

    (e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

    (f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).

    § 507. Limitations on actions5

    (a) Criminal Proceedings. — Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

    (B) Civil Actions. — No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

  9. I understand the concerns of those who have voiced concern/distaste of the emailing his mom thing, but the reason I'm not concerned is I don't actually think the intent was just to shame him out of spiteful retaliation, but rather to put a swift and instant end to what is not only an unethical, but ultimately an illegal action.

    So he's 21. You know what? That means he's legally an adult, no matter how immature/naive/inexperienced. If he makes a raunchy/tasteless/offensive forum post, then that's his prerogative and as long as no laws/forum rules are violated, he can exercise free speech all he wants and I'm fairly certain none of us would think to point it out to his family.

    But this is different. This is beyond even falsely claiming credit over our music, which has happened time and time again. This is him trying to profit monetarily from work that he did not do. It's fraud. It's IP theft.

    Think of it this way. If I start selling [insert popular mainstream artist here]'s music on bandcamp, or my own website, and [insert popular mainstream artist's publisher/record label here] were to find out about it, bad things would happen. I need to read up on it a bit more to find out exactly the consequences, but I'm fairly certain it would be beyond a mere C&D (*EDIT* See: Criminal Copyright Infrinement). I'd probably be sued for damages and slapped with a hefty fine for violating copyright laws for financial gain.

    The moment I ever catch anyone selling my music as their own (not just saying they wrote it and slapping it on soundcloud like that Megaclown kid), you can bet I'm going to look into legal action. That's my work, my property, and they have no right to profit from it.

    So contacting his mom IMO was actually pretty insightful and direct in this case. Because lets face it, after however many instances of this garbage (too many to count), how many artists simply comply with DMCA's or takedown demands promptly and cordially? Instead, how many people do their best to delete any incriminating comments and accusations until the higher authorities take any action (if they even do at all?)

    It is a horrible hassle to DMCA/file official complaints to IP-thieves these days. If I knew that contacting someone's mother was a surefire way to get them to stop their copyright crimes and atone for their theft then I'd do it every time.

  10. While this guy did a scummy thing and I'm all about handling the situation as quickly and professionally as possible it leaves a bad taste in my mouth his mother was contacted about all this. Seems like a line that is best uncrossed.

    Just curious, why do you feel that way? I'm interested in this line of thought.

  11. Haha that's my bad, I didn't expect to get an answer out of the guy so I sent a message to his mom on facebook.

    Telling mommy, probably not the nicest thing to do, but neither is stealing hours of music from people who do it for free, and selling it. :-o

    Nono, I don't mind one bit that you sent a message to his mum. Serves him right.

  12. I'm reasonably well-acquainted with Jen from bandcamp. I've spoken to her on the phone before about non-plaigiarism issues before. Bandcamp is actually super awesome about dealing with any kinds of issues IMO, but if you guys ever want expedited results, let me know and I can always email her direct.

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