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Author Topic: A silly conundrum  (Read 1282 times)
Suzaku
Guest
« Reply #15 on: June 15, 2007, 08:45:10 am »

I only care about someone using my translations under two circumstances:

1) They do a shitty job with them. If you're going to use my work, then at least do a quality job. This attitude applies to original games, as well. We as a community strive to do quality jobs on whatever translation hacks we do for commercial games. We want to do the original work justice.

2) They don't credit me at all for providing the source work. if you're going to take my work for your project, then I'd dame well better be credited. Again, this is no different from what we as a community do for commercial games. When we translate/hack, we don't cut out the original credits. We still give credit to the original developers. We only take cradit for what we've done--we don't claim the original work as our own.

3) They take my work and charge for whatever the result is. I'm not profiting in the slightest for what I'm doing. I'm doing it because I want to, and because it's fun. I'm not doing it for money. If you gank my stuff, you'd better not be making money off of it, either.

Ultimately I just want my work treated with the same respect with which I treat the original commercial game. Sure, I get annoyed when something I do gets ganked without my permission, but ultimately, as long as none of the three conditions above are fulfilled (crappy job, no credit, profiting), I don't particularly care. Hacking/translating is a community thing, and I'm all for open-source. We do, like any community, have our own honor code. That code is what sets us apart from ordinary vultures.
creaothceann
Guest
« Reply #16 on: June 15, 2007, 11:52:54 am »

Quote from: byuu on June 14, 2007, 04:55:34 pm
[...] law does not work based on our own personal ideals on ethics, so ... we can definitively state that fan-based game translations are illegal, and that thusly, nobody who creates them can claim legitimate copyright over their work.

And yet, we seem to have unspoken rules on etiquette in our scene. Taking someone else's work and building upon it is very taboo, and creates a lot of conflict. For example, see Anus P's Rudora no Hihou hack. Even I sided with Gideon Zhi on that one. But let's look into it a bit more: yes, he stole the script from Gideon Zhi and worked on it without his permission; but wasn't that the same thing Gideon Zhi did whilst working on Squaresoft's RPG in the first place?

No, not really. Square, the ruthless mega corporation, has the support of international laws against freedom fighters like Cid Gid. Using words like "legal", "illegal" and "stealing" makes sense here. Fan translations can't be "intellectual property", since it wasn't the fan's property to begin with. Same with "copyright" - it doesn't exist. People just use these words to hide that fact, and to give the scene rules more weight. It's really two different things. People supporting the etiquette support cooperation, not legality.

Also, everybody is different. I do support giving credit & fan translations, but for the reason that information should flow free.
(Therefore I also support crappy fan translations and emulator forking (users are responsible for their choices). People who buy carts with fan translations are just pathetic; they should research a bit more. People not giving credit / claiming to have done the work of others are just annoying since they muddle information.)


Quote from: Nightcrawler on June 14, 2007, 06:16:55 pm
people [want] to retain some control over their defacing their hard work

Not me. Wink My original work will still be available, and it's generally so crappy that I'm honoured somebody took some interest in it. Besides, it's not entirely my work either; I also copied some code snippets etc from somewhere else. Demanding protection for it would feel strange indeed to me.


Quote from: byuu on June 14, 2007, 06:50:05 pm
I don't have a problem modifying NCS / Masaya's work, but the thought of people modifying my work is somehow unsettling to me.

Because others would associate the result with you, and you lose control over this perceived image?
Nightcrawler
Guest
« Reply #17 on: June 15, 2007, 11:58:27 am »

I did a bit more thinking on this and I think I can sum the entire thing up for us in one statement:

If we extended the same respectful treatment to the companies as we do to each other, our community would not exist. Wink

It's that simple. We take it upon ourselves to work on these translations without permission so there IS a community. If we didn't, we would have no community and we wouldn't be talking about it now. So, for the community to exist, that is what must be done.  Smiley
Numonohi_Boi
Guest
« Reply #18 on: June 16, 2007, 04:34:19 am »

ah a paradox. if it were not so, we would not exist in this way, very profound Nightcrawler. Yeah, I mean we can all be as technical as we want about it, but I mean if you actually go bases on what you KNOW people think, it really comes down to respect. If someone spent the time to do something, it's their work. We ignore the companies because there is absolutely no reasoning with them, but within the community there is a great amount of communication, no? in this way people can talk without fear of legal problems, and know that for the most part their offers are being considered, unlike dealing with a game company.
charlequin
Guest
« Reply #19 on: June 16, 2007, 12:07:39 pm »

Quote from: byuu on June 14, 2007, 06:50:05 pm
Nobody unofficially translating a copyrighted work can claim any rights to their creations, as it is an unauthorized derivative work.

That's not actually entirely true. A derivative work, whether authorized or not, is copyrighted both by the owner of the original work and the person producing the derivative work. The act of creating a derivative work without permission is a violation of copyright law, and theoretically a civil action could be taken against the creator for doing so. However, once it exists the creator does own the work that they put into it. An original-work owner would also be violating copyright law if they took an unauthorized translation and used it "officially" without asking the permission of the translator, or if (say) the producers of a TV show took a fan-script and used its storyline in a real episode. And an original-work owner could even retroactively authorize a translation and make it legitimate.

That doesn't really solve the hypocrisy issue, though. The best justification I can come up with is the idea that people should only do hacks that are "good" or "respectful."
Kyrael Seraphine
Guest
« Reply #20 on: June 17, 2007, 03:06:52 am »

I don't rom-hack, per se, but I'm not far from the spectrum of the discussion (plug), and honestly, we've had a couple of people come to us asking to use our releases as a base for their "other" language version.

So far, the official group answer has been: Sure, if they've asked, and that they keep our original credits/credit us. Of course, there's not a lot we can do if they choose to ignore that simple request, since we're still in the same legal grey area. (Yes, it's illegal, but when was the last real lawsuit? Worst my side gets is a C&D letter.)

Being the one that does the grunt work, if they asked, I'd probably give them my source files, too, save them all the work I had to do to do it, which would end up saving them hours. Since they'd only have to replace text over an already redrawn and cleaned raw.

I think the main reason the community is special over the companies is this: simply, they're people. Not faceless over-arching, lawyer-happy conglomerates. It's a lot harder to screw someone over when you know that someone and have spoken to them, even as impersonally as across the Internet. It's a lot easier to just shrug off a company as just another brand, something to consume and forget about.
Kejardon
Guest
« Reply #21 on: June 17, 2007, 06:50:05 pm »

I have a fairly different opinion of why we do it. It's nice and simple though.

Cause: We want quality products available.
Effect: We want people working on quality products. If there's no official work, then we'll do it ourselves. If the official work is worthless, we'll redo it ourselves. If the company actually does a real quality job, nobody works on it. And of course, nobody ever asks permission anymore because we know companies will never agree to it - if we want to make a quality product, we have to make it illegally.
Side effect: We don't want people using our work because we're sure they'll make it worse. After all, we did this purely because we want a quality product - unless we know the other people can do something to make a better product than us, we don't want them to use our work.

And the money thing is probably a mix of "If I don't get paid, you shouldn't either" and "I don't want to draw official attention to my work and get it shut down". Although, I haven't gotten that far personally yet, so that's more of a guess. Tongue
Numonohi_Boi
Guest
« Reply #22 on: June 17, 2007, 07:08:44 pm »

Quote from: Kejardon on June 17, 2007, 06:50:05 pm
I have a fairly different opinion of why we do it. It's nice and simple though.

Cause: We want quality products available.
Effect: We want people working on quality products. If there's no official work, then we'll do it ourselves. If the official work is worthless, we'll redo it ourselves. If the company actually does a real quality job, nobody works on it. And of course, nobody ever asks permission anymore because we know companies will never agree to it - if we want to make a quality product, we have to make it illegally.
Side effect: We don't want people using our work because we're sure they'll make it worse. After all, we did this purely because we want a quality product - unless we know the other people can do something to make a better product than us, we don't want them to use our work.

And the money thing is probably a mix of "If I don't get paid, you shouldn't either" and "I don't want to draw official attention to my work and get it shut down". Although, I haven't gotten that far personally yet, so that's more of a guess. Tongue

well put, I totally agree.
byuu
Guest
« Reply #23 on: June 17, 2007, 09:14:53 pm »

Quote
Side effect: We don't want people using our work because we're sure they'll make it worse. After all, we did this purely because we want a quality product - unless we know the other people can do something to make a better product than us, we don't want them to use our work.

In that case, do you think it's just as fair to make a fan translation better (eg redoing RS3 to have variable width fonts and such), as it is to make a commercial product better (eg redoing BoFII to have item names longer than five characters) ? My impression has been that the scene is protective of fan translated works even when the original author's work is not used in any way.

If so, this makes things a lot easier. We are simply aiming for the best possible product no matter what. We try not to release our work because we don't want someone less experienced using it for bad reasons (eg "Sky Rendering" (yes, it's a verb now) the text, etc).

Quote
And of course, nobody ever asks permission anymore because we know companies will never agree to it

Believe me, I understand where everyone is coming from -- but this is simply not a valid defense! It does not justify anything at all. By this logic, you could say, "well, AGTP will never let me use their work for my Spanish translation -- so I'll do it anyway!"
That Gideon is not a corporation doesn't change anything.

I could make bad analogies as to the oppression of various groups that have been justified with the same train of thought, but I'd rather not. It should be obvious that this isn't a valid defense for our actions.

However again, I'm happy with the other defenses and it's helped me out a lot. Thanks for all the input, everyone!
Kejardon
Guest
« Reply #24 on: June 17, 2007, 10:10:09 pm »

I guess I'm speaking more for myself than for many other people then.

Quote from: byuu on June 17, 2007, 09:14:53 pm
In that case, do you think it's just as fair to make a fan translation better (eg redoing RS3 to have variable width fonts and such), as it is to make a commercial product better (eg redoing BoFII to have item names longer than five characters) ? My impression has been that the scene is protective of fan translated works even when the original author's work is not used in any way.

If so, this makes things a lot easier. We are simply aiming for the best possible product no matter what. We try not to release our work because we don't want someone less experienced using it for bad reasons (eg "Sky Rendering" (yes, it's a verb now) the text, etc).

That's been more or less my view. Personal respect or spite could be thrown in as a factor to use or not use someone's work, but making something that people will say "I'm glad someone did that" about is usually my main objective.

Quote
Quote
And of course, nobody ever asks permission anymore because we know companies will never agree to it

Believe me, I understand where everyone is coming from -- but this is simply not a valid defense! It does not justify anything at all. By this logic, you could say, "well, AGTP will never let me use their work for my Spanish translation -- so I'll do it anyway!"
But I don't need to defend anything. Tongue If I thought it'd be handy to use some code Gideon made, I probably would. I'd even credit his work I used, even if he told me *not* to use it at all - because that's essentially the same thing I do when I hack Nintendo's games.
Although, I admit I don't really know Gideon. We've responded to eachother once or twice on message boards, but that's it. If I knew him better and understood why he doesn't want me to use his code, I'd be more likely not to use it out of personal respect - though I'd be annoyed at him for it.

um. This is all hypothetical of course - I haven't used anyone's work (aside from Nintendo's) without permission. And hopefully this post won't get me in trouble. <_<
Dragonsbrethren
Guest
« Reply #25 on: June 17, 2007, 11:02:28 pm »

Speaking of hypothetical, what would everyone's response be to this situation:
I make an enhancement hack of a fan translated game. I've tried to ask the original hackers for permission but they've disappeared and/or won't respond to my emails, I give full credit to everyone involved in the original translation, leave their names in the in-game credits, plus state directly in the readme that it's been built on top of their work. Would any of you have a problem with this if you were the original translator/hacker?
Imzogelmo
Guest
« Reply #26 on: June 18, 2007, 01:01:13 am »

I have a slightly different twist on it, but I agree with much of what has been said.

Byuu's core question boils down to this: "Why should we respect fellow hackers' requests not to tamper with the source, but yet our entire community is based on doing just that--tampering with source material without permission?"
 My answer: I paid for the original image, and, although the DMCA doesn't support me, I feel I have the right to inspect and even tweak any software that I have stored on my system. If I tweak it, that's mine to do with as I please. I can't legally charge for it, since it is a derivative work, but what I can do is share it freely, with my friends, the "community". If anyone else wants to use it in their personal project, I do not mind explaining what I did or helping someone to integrate it into their existing code to have the same feature. Likewise, if someone else has a feature that I find interesting, I would ask their permission before using it in my own work (unless it was outright stated that they did not mind), or for help understanding it if I couldn't figure it out. The problem arises when something freely given is defaced, used without permission, or used without credit. It's not just that something was defaced, used without permission, or used without credit--it's the fact that it was free, (and most likely intended as an enhancement, bug fix, or other improvement on the original), and that the free gift was basically "stolen". That is, we don't get money for our work, but we do get credit, and to have *that* stolen is a low blow.

And as it has been said, even if someone had some special feature that they created and released, and did not give permission to use it when asked, I may still use it if I felt it was essential, but I would credit the creator, just as you credit the game company who made the original work.
Kajitani-Eizan
Guest
« Reply #27 on: June 18, 2007, 03:47:18 am »

Quote from: charlequin on June 16, 2007, 12:07:39 pm
Quote from: byuu on June 14, 2007, 06:50:05 pm
Nobody unofficially translating a copyrighted work can claim any rights to their creations, as it is an unauthorized derivative work.

That's not actually entirely true. A derivative work, whether authorized or not, is copyrighted both by the owner of the original work and the person producing the derivative work. The act of creating a derivative work without permission is a violation of copyright law, and theoretically a civil action could be taken against the creator for doing so. However, once it exists the creator does own the work that they put into it. An original-work owner would also be violating copyright law if they took an unauthorized translation and used it "officially" without asking the permission of the translator, or if (say) the producers of a TV show took a fan-script and used its storyline in a real episode. And an original-work owner could even retroactively authorize a translation and make it legitimate.

That doesn't really solve the hypocrisy issue, though. The best justification I can come up with is the idea that people should only do hacks that are "good" or "respectful."

that's what i thought. isn't this correct?
Nightcrawler
Guest
« Reply #28 on: June 18, 2007, 08:13:21 am »

Quote from: Dragonsbrethren on June 17, 2007, 11:02:28 pm
Speaking of hypothetical, what would everyone's response be to this situation:
I make an enhancement hack of a fan translated game. I've tried to ask the original hackers for permission but they've disappeared and/or won't respond to my emails, I give full credit to everyone involved in the original translation, leave their names in the in-game credits, plus state directly in the readme that it's been built on top of their work. Would any of you have a problem with this if you were the original translator/hacker?

I wouldn't have a problem with that. If I'm not around to ask about using my work anymore, my only wish would be that I was credited for using my work. If somebody puts out some crap using my work as a result, so be it. I'm not around/available anymore to care about, ask or protect my work anymore for whatever reason/s.

If someone used my work and passed it off as their own without credit, I'd ALWAYS have a problem with that regardless of circumstances. We don't even do that to the game companies. Wink
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