Fallout 4 mod adds David Ortiz as a wasteland warrior, MLB gets mad
56 replies, posted
[video]https://youtu.be/jq3EKv-HNR8[/video]
[QUOTE][URL="http://www.pcgamer.com/fallout-4/"]Fallout 4[/URL] has only been out for a few days, but there's already a lot of really cool stuff happening on the mod scene. One of the coolest has to be the "Boston Red Sox Uniforms" mod, which lets you jump into the game as famed Red Sox slugger [URL="https://en.wikipedia.org/wiki/David_Ortiz"]David Ortiz[/URL]. I don't know if it's entirely in keeping with the post-apocalyptic theme, but this video of Big Papi teeing off on a bunch of raiders is easily the best thing I've seen today. Sadly, the suits at Major League Baseball don't share that sentiment."The use of these marks is an infringement of our rights," an MLB rep told the [URL="https://www.bostonglobe.com/metro/2015/11/12/you-can-now-david-ortiz-smash-video-game-fallout/oFyo5DVb0qijiZ2rVuus0N/story.html"]Boston Globe[/URL]. "We plan to enforce those rights."
The maker of the mod, Richie Branson, said he was surprised by the reaction, because plenty of other Sox touchstones, including Fenway Park and the Green Monster, are in the game. He's also not making any money on it. "I'm putting a free Red Sox graphic into a game that already insinuates the Red Sox are in the game, at Fenway Park," he said.[/QUOTE]
[url]http://www.pcgamer.com/fallout-4-mod-adds-david-ortiz-as-a-wasteland-warrior-mlb-gets-mad/?utm_content=bufferb097b&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer[/url]
[quote]"The use of these marks is an infringement of our rights," an MLB rep told the Boston Globe. "We plan to enforce those rights."[/quote]
as said by: people who know nothing about video games / fair use
How's it an infringement if the modders not making money off it, twats.
bitches dont know about fair use
Is fallout 4 setting some sort of record for best facial creator? because I have seen LOTS of good faces
"I don't know how Rights work but I can insert enough money tokens into the law vending machine to make it go away."
i wonder what ortiz's response is to the mod
probably something along the lines of "sick"
How is the modding scene already progressing this quickly?
'Fair what now?'
[QUOTE=LTJGPliskin;49113179]How is the modding scene already progressing this quickly?[/QUOTE]
Because modders have been learning the engine for 17 years.
"plenty of other Sox touchstones, including Fenway Park and the Green Monster, are in the game."
While that's true, Bethesda was smart enough to rename it Diamond City and not use any logos or trademarks. As shitty as this is, I'm not really surprised that they're taking action.
Using MLB logos gets pretty dicey because they'll argue that it falsely implies some association with their organization.
[QUOTE=LTJGPliskin;49113179]How is the modding scene already progressing this quickly?[/QUOTE]
it's just texture mods so far
[QUOTE=Electrocuter;49112646]bitches dont know about fair use[/QUOTE]
They probably know quite a lot about it, and know that the laws regarding fair use are fairly vague and that a cease and desist order letter will probably scare most people into not using their trademarks even if the law is on their side.
There's a few different issues here since they use both a team's logo and a celebrity's likeness. Fair use gets really complicated and there's not really much precedent to go by since courts have ruled differently on nearly identical cases.
This one's backfired on them quite a bit though, since the mod probably wouldn't have received much attention if it hadn't been for their reaction.
What is Fair Use?
[QUOTE=LTJGPliskin;49113179]How is the modding scene already progressing this quickly?[/QUOTE]
Its running the creation engine, same engine skyrim uses, I suspect that with some changes some skyrim mods would actually work with FO4, but I'm probably wrong on that
[QUOTE=l337k1ll4;49113211]Because modders have been learning the engine for 17 years.[/QUOTE]
Can't wait for our grandchildren to go on a pilgrimage to the himalayas to learn from an 80 year old gamebryo modding guru.
[QUOTE=Megadave;49112760]Is fallout 4 setting some sort of record for best facial creator? because I have seen LOTS of good faces[/QUOTE]
It's really difficult to tell in this video cause of the lighting, but I don't really think the face looks quite like Big Poopi.
[QUOTE=NixNax123;49112604]as said by: people who know nothing about video games / fair use[/QUOTE]
[QUOTE=Electrocuter;49112646]bitches dont know about fair use[/QUOTE]
[QUOTE=Pvt. Tibbles;49113209]'Fair what now?'[/QUOTE]
[QUOTE=Banhfunbags;49113661]What is Fair Use?[/QUOTE]
What, exactly, do you think Fair Use is?
[QUOTE=viperfan7;49114567]Its running the creation engine, same engine skyrim uses, I suspect that with some changes some skyrim mods would actually work with FO4, but I'm probably wrong on that[/QUOTE]
You can load fallout 4's esm into the creation kit and TES5 edit with a little bit of work. You can't add anything new and can only change a few small values. But this also means the ESP/ESM structure hasn't changed.
I imagine that "it's free so its fair use" is not as clear cut as one may think but I'm sure other facepunchers have more knowledge about this over lawyers who do this for a living :v:
waste of time for them to even send lawyers after this
its a mod that's probably being distributed to so many people
[QUOTE=Hamaflavian;49116728]What, exactly, do you think Fair Use is?[/QUOTE]
I have no clue what Fair Use is because I see the term used in many different contexts.
Okay then MLB, let's go DMCA every Vine and Twitter and Instagram post showing any MLB game, because you always have that disclaimer in the TV broadcasts. That'll keep your teams' fans watching surely!
[QUOTE=Hamaflavian;49116728]What, exactly, do you think Fair Use is?[/QUOTE]
"Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, [B]parody[/B], news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test."
[QUOTE=Radical_ed;49117003]"Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, [B]parody[/B], news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test."[/QUOTE]
I noticed you bolded "parody" there. Are you trying to suggest something?
[QUOTE=viperfan7;49114567]Its running the creation engine, same engine skyrim uses, I suspect that with some changes some skyrim mods would actually work with FO4, but I'm probably wrong on that[/QUOTE]
They did change the archive format in FO4, so it's possible they changed more than that.
[QUOTE=Gunner th;49116765]You can load fallout 4's esm into the creation kit and TES5 edit with a little bit of work. You can't add anything new and can only change a few small values. But this also means the ESP/ESM structure hasn't changed.[/QUOTE]
ARchive formats did, though.
[QUOTE=NixNax123;49112604]as said by: people who know nothing about video games / fair use[/QUOTE]
Fair use is only ever accepted as a reason when people believe in it. By technically alone your currently breaking copyright law by just running your computer because of the nature of how computers operates.
[QUOTE=Source;49112626]How's it an infringement if the modders not making money off it, twats.[/QUOTE]
They would probably claim it "damages their reputation" their product, I don't really understand how it would damage it beyond being associated with a violent video game.
I wonder if they will release this as a DLC or [I]paid mod[/I].
[QUOTE=Hamaflavian;49117033]I noticed you bolded "parody" there. Are you trying to suggest something?[/QUOTE]
Pointing out what he feels this would fall under in terms of fair usage. If it actually does or will, I don't know.
[QUOTE=viperfan7;49114567]Its running the creation engine, same engine skyrim uses, I suspect that with some changes some skyrim mods would actually work with FO4, but I'm probably wrong on that[/QUOTE]
The same engine Skyrim, New Vegas, Fallout 3, Oblivion, and Morrowind uses. Based on GameByro from 1997.
The engine never changes.
[QUOTE=Passing;49117617]Fair use is only ever accepted as a reason when people believe in it. By technically alone your currently breaking copyright law by just running your computer because of the nature of how computers operates.
They would probably claim it "damages their reputation" their product, I don't really understand how it would damage it beyond being associated with a violent video game.
I wonder if they will release this as a DLC or [I]paid mod[/I].[/QUOTE]
One of the four factors used for determining fair use is potential market impact. Say MLB wanted to release some promotional DLC for Fallout 4 where you got some team uniforms to wear in-game, this mod would undermine that market, meaning damaging a potential source of income, and that would actually be grounds for disqualifying it as fair use.
[editline]14th November 2015[/editline]
[QUOTE=doommarine23;49117692]Pointing out what he feels this would fall under in terms of fair usage. If it actually does or will, I don't know.[/QUOTE]
I figured as much, I just didn't want to jump to conclusions because the idea that a wearable video game Red Sox uniform is somehow a parody of the Red Sox is a pretty stupid idea.
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