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Which country's Copyright law would be applicable in the case of a free mod for Divinity- Original Sin distributed on the internet?

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Originally Posted by Rhidian
Which country's Copyright law would be applicable in the case of a free mod for Divinity- Original Sin distributed on the internet?


It really doesn't matter anymore, hosting things overseas no longer works as well as you think it does. Many downloading websites like megaupload, rapidshare, etc all closed now where hosted in various countries.

I've seen many popular movie streaming websites closed down with a USA copright badge slapped onto the homepage, all these websites were hosted in weird locations to avoid copyrights.

This Project is Currently Illegal, if you don't agree you should go read basic copyright laws, unless of course OP has written premission from blizzard.

Maybe we need to bring in a Blizzard representative that this is in fact illegal? OP should at least request a written premission to recreate diablo 2 for free.

Let me remind everyone that blizzard has had a few court appearances, they even took one guy who made World of Warcraft guides ebooks selling them on eBay.

Blizzard backed out of the court case when they realise that this had fair usage policy because the guy was only sharing his experiences playing the video game, and it was also educational.





Last edited by blazed; 24/07/14 07:32 PM.
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It should fall under the exception of Fair Use in US Copyright law, and determination of whether it is Fair Use or not would only really matter if Blizzard decides to take some sort of legal action. Until such a time occurs (if at all), nothing is stopping the OP from creating a mod.

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My good Blazed, you obviously have freetime on your hand, good on you. Then, why don't you use it to create something ? OP shows what can be done with true dedication and passion. Jealous ? Want to show stuff you created with your true capitalist and work for money mind ?


Last edited by Cromcrom; 24/07/14 07:36 PM.

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Originally Posted by Rhidian
It should fall under the exception of Fair Use in US Copyright law, and determination of whether it is Fair Use or not would only really matter if Blizzard decides to take some sort of legal action. Until such a time occurs (if at all), nothing is stopping the OP from creating a mod.


Now you are being silly for the sake of being silly, fair usage doesn't apply here. Go read one what fair usage is before I start copying and pasting fair usage articles.

Making money has very little to do with fair usage, the biggest mistake about fair usage is people think that fair usage means you are not making money, a lot lawyers will tell you that this is simple wrong.

Now if we were to remove money from the question and we talk about Another big Game developer copying diablo 2 it will be an outright illegal activity hence why no one dare does it. They make similar games but not a straight on copy.

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Also another thing I want to point out...

A lot of you are against legit mod selling that Original content designers would make with an Agreement with Larian, you seem to think this is wrong even though Larian would give permission, content would be original and people will have a choice to buy it or not.

Then on the other hand you have something that is: Illegal, a blatant copy, unoriginal, and pointless because the games already been done... Yet get this, because it's a FREE Mod, you're perfectly fine with it.

I don't need to explain where those guys have gone completely wrong, but those people are despicable.

Last edited by blazed; 24/07/14 07:45 PM.
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Last edited by Forge; 24/07/14 07:46 PM.
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Originally Posted by blazed
Also another thing I want to point out...

A lot of you are against legit mod selling that Original content designers would make with an Agreement with Larian, you seem to think this is wrong even though Larian would give permission, content would be original and people will have a choice to buy it or not.

Then on the other hand you have something that is: Illegal, a blatant copy, unoriginal, and pointless because the games already been done... Yet get this, because it's a FREE Mod, you're perfectly fine with it.

I don't need to explain where those guys have gone completely wrong, but those people are despicable.


This is a completely different topic. Please stay on topic smile

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Originally Posted by Forge
Originally Posted by blazed
Also another thing I want to point out...

A lot of you are against legit mod selling that Original content designers would make with an Agreement with Larian, you seem to think this is wrong even though Larian would give permission, content would be original and people will have a choice to buy it or not.

Then on the other hand you have something that is: Illegal, a blatant copy, unoriginal, and pointless because the games already been done... Yet get this, because it's a FREE Mod, you're perfectly fine with it.

I don't need to explain where those guys have gone completely wrong, but those people are despicable.


This is a completely different topic. Please stay on topic smile


True I am sorry. I had to express it... but you are right!

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Originally Posted by Forge


Maybe because 1) It didn't gain enough popularity?
or 2) They actually asked for permission?

Come on Blizzard can't sue every single thing that copies them, they do pick their battles, I am saying if this MOD becomes popular like DayZ popular it will instantly die, Unless OP, Larian and Blizzard can all come to an agreement which I doubt.

Are you seriously denying the fact that outright copying a game is illegal?

I am just saying that OP is doing an awesome job but he should steer clear from the Diablo series, and make it his own original work. Geez



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This isn't outright copying a game. It's a modified version of Divinity.

And I'm just saying, you're making a fuss over nothing.

:P

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Originally Posted by Forge
This isn't outright copying a game. It's a modified version of Divinity.

And I'm just saying, you're making a fuss over nothing.

:P


But Thread and Project title are Diablo 2, he's replicating the orginal game as much as he can. But sure let's turn a blind eye and say it's not diablo 2 lol.

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Originally Posted by blazed
Originally Posted by Forge
This isn't outright copying a game. It's a modified version of Divinity.

And I'm just saying, you're making a fuss over nothing.

:P


But Thread and Project title are Diablo 2, he's replicating the orginal game as much as he can. But sure let's turn a blind eye and say it's not diablo 2 lol.


The title says "Diablo 2 Map Mod"

MAP MOD.

He's not advertising nor trying to claim that this is a full duplicate game of Diablo 2. The word "mod" signifies that.

It's a mod, made from divinity.

Who cares? Go tell Blizzard if you really want to...

Last edited by Forge; 24/07/14 08:09 PM.
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Originally Posted by Karate Kid
I am just saying that OP is doing an awesome job but he should steer clear from the Diablo series, and make it his own original work.

Nah, you are jealous because your capitalist mind can't come with anything to do beside envying others work. The OP's dedication is an amazing tribute of what can be done with the Editor, And copying a well known game is a great way for a lot of people to have the same references.
You are no modder, Karate Kid. Go back to Unity. Keep this community clear of your envy and greed.


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Looks very impressing, can't wait to try it smile

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To bring this thread (somewhat) back on track:

Very impressive - Nice echoes of Diablo ( I never got into the new ones but I did play D2). I am working my way through the main game with a mate but when finished it would be awesome to play through this one! If it isnt ready... we can always play Diablo 2 again to rehearse for this mod! haha

Will be keeping a VERY close eye on this and wish you the best with it! Even if it doesnt get off the ground (or hits other roadblocks), the screenshots look amazing and the knowledge gained from this so far will only help the modding community in the future

Good stuff - keep up the great work eh!



(Off track : The concern about a mod off a separate game has been raised, there is no need to clog this VERY nice mod up with the crap that is going on - open a new thread if required discussing the legitimacy of it but rest easy at night knowing that Shidiwen is well aware of any risks of shutdown and can always refer to the new thread (if created) if he wants other information. Mods based on other games are a grey area and can have anything from cease and desist legal action to the original game's blessing...
Specifically to this topic it is interesting to look at Skyrim mods:
http://www.moddb.com/mods/merp-middle-earth-roleplaying-project
Lord of the Rings mod - Cease and Desist letter

http://www.nexusmods.com/skyrim/mods/21089/?
Diablo mod - no issues (released 2012, updates to mid 2013)
From the FAQ:
Will you upload to Steam Workshop? With all due respect, this mod will not be uploaded on the Steam Workshop, at least not at this time. They didn't feel comfortable with uploading the mod, because they didn't want to risk a lawsuit. I respect their decision (Even if I truly am sad about it), perhaps one day I can submit it and eventually make it on there.

Why doesn't the mod use the audio (music and voices) from Diablo? Using Blizzard's files and content violates their fair use agreement. Which is copyright infringement. Please do not argue with examples of projects that have used the assets, I've decided against it to be on the safe side. End of story.
)

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Meh... So much time and effort for what will likely become a cease & desist if the mod gets successful, it's not worth the risk imo but then again it's not my time thatç—´ wasted.

Whatever man...

I guess I'm the only one who went through High school, College and University where Originality and Plagiarism were very frequent words.

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Stand aside... I didnt realise you went to Uni... Unlikely anyone else here did...

1. Plagiarism is not applicable in this instance as he isnt passing the work of as his own

2. When you do physics, chemistry, maths etc. you learn by copying previous work so the concept of recreating a previous work as a learning exercise is far from a new concept.

3. This is not a new concept in the arts either eg. cover bands (General reference: I am sure you know the term "homage" - http://en.wikipedia.org/wiki/Homage_(arts) )

If he is willing to do this for his own love of the game (see 'homage' reference) then who are you (or anyone else) to complain? If nothing else, we have someone who is willing to put a lot of effort in to learning how to mod this game AND sharing that information with others.


Shidiwen - If it is what you want to do (understanding the risks) - go hard mate.



edit - Discussion thread for IP/copyright:
http://www.larian.com/forums/ubbthreads.php?ubb=showflat&Number=527210

Last edited by Doz; 25/07/14 10:26 AM.
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Originally Posted by blazed
Meh... So much time and effort for what will likely become a cease & desist if the mod gets successful, it's not worth the risk imo but then again it's not my time thatç—´ wasted.

Whatever man...

I guess I'm the only one who went through High school, College and University where Originality and Plagiarism were very frequent words.


You're right, it's not your time "wasted", so don't worry about it.

You have no way of knowing how likely Blizzard will step in, so don't try and pretend you do.

If this was something you felt strongly about, you would have reported it to Blizzard.

But it seems all you want to do is whine and complain about someone not being "original".

Just let it go. Go work on your own mod and let people do what they want to do. If Blizzard steps in, then that will suck and you can say "I told you so", but until then, just go away.

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Blizzard won't be suing anyone for this. All they would do is generate a lot of negative publicity and come across as raging assholes.

But if the guy spent the next year building this thing and then wanted to sell it for $5.00 a pop would you rage out on him if he did?

I wouldn't.

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