Game Theory: My Fan Game is a CRIME?!

SUBSCRIBE to not miss a single theory ► bit.ly/1qV8fd6
Surviving Five Nights of FEAR - Game Lab ► bit.ly/2cEfOsl
We live in an age of gaming where fans of a franchise can easily spin off their own games and post them for others to play. And it's AWESOME! Some of the best games I've played in the last year have been made by fans. And yet, as we've seen recently with Pokemon Uranium and Another Metroid 3 Remake...the original companies might not be so thrilled this is happening. And all of this is beginning to call up some…difficult...legal questions. So today, I'm asking the question "When is a fan game TRULY a fan game?" The answer to that question has changed A LOT recently...and it could produce some truly scary results.
For more information on these court cases check out this article:
www.gamasutra.com/view/feature...
Gaster sprite by Kazoomageddon on Tumblr ► bit.ly/2qCjkdJ
Watch us play some of these FAN GAMES on GTLive Channel ►►
Banned POKEMON?! - Pokemon Uranium ► bit.ly/PokeUran1
FNAF's Freddy is in MY HOUSE! - TJOC:R ►► bit.ly/1rFt5TS
KZbin Theories:
Leave PewDiePie ALONE! ►► bit.ly/1PknB9F
Will 2015 be the End of KZbin Rewind? ► bit.ly/23VDUQa
MatPat's Reaction to React World ISSUE ► bit.ly/GTreact
Pokemon Theories:
Team Mysticy Dominates Pokemon Go ► bit.ly/GTPgo1
Pokemon Multiverse EXPLAINS ALL! ►► bit.ly/GTpokeverse
SOLVING Raticate's DEATH! ►► bit.ly/GTraticate
FNaF Theories:
FNaF Sister Location DECODED! ►► bit.ly/GTsister
FNaF's SCARIEST Monster is YOU! ►► bit.ly/2c1SWz1
Join the Theorists! ►► bit.ly/1qV8fd6
Twitter: @MatPatGT
Instagram: @MatPatGT
Facebook: GameTheorists
GAME THEORY MERCH!
Equip it HERE ►► gametheory.spreadshirt.com/
Business email: [e-mail]

[@animdude]

A lot of copyright law is gray area and creators do make mistakes, but I think most creators, including myself, are very welcoming and encouraging of fan games. I've always been a fan of TJoC; I've never said a negative word about it. In fact, if it had used its own characters rather than the FNaF characters then it could have been its own game. I've never claimed ownership of animatronic robots; I've said that many times on forums. The games used as examples here were self-described fan games. All anyone can do is handle these things on a case by case basis; trying not to abuse the system while also protecting the brand that made the fan games and fan community possible.

[@janec2133]

Warning incoming fans

[@starsong8579]

Oh noes Scott commented

[@Igorcastrochucre]

What about the law that decides how you should speak? Or the system that is not perfect for cases-by-cases? The fact that "X clone" can be used to appeal makes more terrifying for people who want to share their love and passion with a fan game. I mean, you can simply not say anything about the fan games, but what about the law that may take FNAF from you if you do not step in?

[@sweetsuto]

it's indeed a very "to each his own" subject. generally nintendo doesn't mess around with fangames. they actually in fact were planning on taking down a bunch of fangames on ROBLOX regarding Pokemon and Mario and all that.

[@brobama8456]

take cover!

[@hihowareyougood]

Sega: Oh, you made a fan game? Come work for us. Nintendo: Oh, you made a fan game? We'll see you in court.

[@XianTheRetiredYoutuber]

Oh, you're a FOB fan? *Light em up*

[@XianTheRetiredYoutuber]

**********?

[@stwbmc98]

They don't take fangame makers to court, though. They send the person a Cease & Desist, the game gets taken down, and that's the end of it.

[@spinyslasher6586]

+stwbmc98 and that's what people call being a douchebag.

[@jacobhattaway2228]

Nintendo is the worst about enforcing their copyright.

[@thedorkknight9684]

There's someone that i feel is integral to this argument: Tyson Hesse. Anyone who's a fellow Sonic fanatic should recognize him. Tyson's story is a huge inspiration to a lot of people. He was a Sonic fan who began making Fan comics. Sega saw him and basically said, "This guy is pretty cool, and he's very passionate. let's hire him." He was an artist for the Sonic Archie comics, and is behind the phenomenal animated "Sonic Mania Adventures." He was also the head of the Redesign team for the Movie. Basically, Sonic fans owe this guy BIG TIME. and that's just it. He's a fan himself. Sega sees the fans as talented and passionate, which leads to stories like Tyson's. By learning from and taking into account the people you depend on, it ultimately makes gaming a better place.

[@joshuahargrave8239]

Never have I wanted to like a comment more than once more than I do now

[@thedorkknight9684]

@@joshuahargrave8239 aww, thanks❤

[@beesareeverywhere]

The fact there’s a illegal sonic fan game sucks. It’s called Sonic Gather Battle and it contains a DRM that takes your password history, browser history, and even IP address and credit card info if you even try to run a cheat engine. :(

[@toxicshroom3686]

Uhhhhh this video was made 4 years ago...

[@branflakescereal4174]

@bender the rule breaker police chief are you dumb?

[@eryuu4016]

This is terrifying. What would this mean for fanfiction and fan art?

[@christinabrausch2229]

Yeah, I'm scared too... I make pumpkin templates based off of video game art and TV shows...

[@user-sp2jg9rx8r]

Probably nothing will happen. Millions of fanart and fanfics are uploaded each day. Trying to get all the people due to copyright will be silly.

[@thedorkknight9684]

that is terrifying. I'm someone that pours a lot of passion into fan art because of my love for these titles. Sonic the Hedgehog, Bendy and the Ink Machine, ETC. and now there's a possibility that i could be in trouble because of my passion? changes need to happen.

[@lukono_7794]

I’m running with my fanfics and hiding

[@thedorkknight9684]

@@lukono_7794 Run, and don't look back!

[@tacticalcactus2845]

The reason that claiming copyright over an entire genre is especially concerning, is because it removes competition. Without competition, the developers don't feel a need to invest as much money and effort into the game, resulting in a noticeable drop in quality. A drop in quality could be the start of a decline the video game industry, possibly leading into another video game crash. One example of this is in EA's Madden games. NFL2k was considered by many to be a superior game to Madden, and as such EA made an exclusivity deal with the NFL to make sure that only they can create NFL football video games. We now have low-quality yearly releases of Madden, because EA has no competition to fear. With developers claiming copyright over an entire genre, we would see this effect in all of gaming.

[@tacticalcactus2845]

Omar Karusagi That's essentially my point. I agree with you, Omar

[@Ephelle]

Well then they would obviously come to the conclusion that they just aren't what gamers want anymore. That's the only plausible reason why anyone would not buy a game because all of their games are perfect. They would just stop making them, but they would still go after anyone that tried to pick it back up, especially if they were successful.

[@josephcross6227]

i hate to "capitalize" the gaming industry, but WE NEED competition. It just remembers me of the fine bros and the video mat done about it. Trying to copyright a genre (video OR game) is just a cheap tatic. The consumers are the ones who should choose what is best for them, if a game company is doing a nice job with their games, they should have nothing to fear.

[@dr4g0nitedive29]

But, But, Sun and Moon looks BETTER than X and Y!

[@josephcross6227]

Rogue Dr4g0nite what does it has to do with them bashing pokemon uranium?

[@user-wi6mp9dk3c]

THANK YOU SCOTT CAWTHON AND TOBY FOX FOR NOT TAKING DOWN THESE FAN GAMES

[@Blasted2Oblivion]

Scott Cacaw is great like that.

[@pumpkintea4101]

Aaron LOL SCOTT CACAW

[@thetrollman593]

@@bayken56 that's pedophiliac.

[@idkwhatimdoing__4810]

Yes

[@BoberTee]

I wanted him to

[@Ztarduzt]

Scott Cawthon and Toby Fox are like, video game making saints with full love for their community. I love that.

[@fluffernal]

Random person: **makes a fan game to show appreciation of that game** The creators: Hippity Hoppity, your game is now my property.

[@THEnoah015]

that sounds like Zipper from animal crossing... *hides*

[@godzillaking154yeet7]

Noah Riviere ey I was gonna say dat

[@EpicGamer-69]

Nintendo:Splash Splash Your Game Is Now Trash

[@charityplumb9274]

Hippity Hoppity, your nothing is now my property

[@markthomas6794]

Hi,

[@harrygamecorner4687]

King trouser, best villain ever.

[@walkin2302]

Ikr

[@insaincaldo]

Yah, but expect for the verbal pun, he might be more at home in the world of Fancy pants man.

[@cinnamonflavord]

What about PH.D GregGrang

[@nushia7192]

with his nemesis: queen washer mashin

[@COFFEEWSUGA]

11/10 would draw fanart

[@Verlisify]

Wow, copyright is fucked

[@Wauxffle]

Hi

[@raviramkissoon1427]

rip furries are here

[@QueenOfStench]

+oh eleven my worst nightmare oh no

[@SamanthaPortUkulele]

+Diabolus Xo Oh, yeah, that was TOTALLY warranted. Absolutely an okay thing to say to a total stranger who has done nothing whatsoever to harm you or anyone else.

[@raviramkissoon1427]

Samantha Port lol only if you knew what verlis does

[@rubyyates4778]

I am a simple person. I see Gaster. I see Pikachu. *_I cLiCk_*

[@darle7471]

Lol

[@notinsideyourwalls]

Pac Woman seen interesting video I clicc

[@rubyyates4778]

@@pacthepac8894 that's the most simple kind of person And the best kind

[@hoxiipoxii56]

👉👉

[@hoxiipoxii56]

@@pacthepac8894 So do I. (͡° ͜ʖ ͡°)

[@2randomstudios43]

Copyright law in a nutshell: You snooze you lose

[@isdrakon9802]

Unfortunately the world is run by senior citizens and money so yeah we're all screwed

[@felicedt4912]

:O

[@GameTheory]

I'm here early...I gotta say something funny... Nevermind. Why start now?

[@pillowgremlin6798]

No, just no

[@zlatu2368]

hahaha

[@zlatu2368]

+Candy Crafts this will be the popular comment

[@keepkool1672]

Reply to me plz

[@pillowgremlin6798]

Ok bye

[@benjaminwilks5162]

In no world can you realistically claim copyright on a game mechanic. That means that the witcher 3 would lose to something like dungeons and dragons because theyre both rpgs. It's like a banana suing an apple because they're both fruit. It's lunacy.

[@benjaminwilks5162]

please remain only a theory XD

[@greatduck5297]

There have been times gameplay was used, however. That time was because a guy left a company and then ripped off their game with an almost complete clone. Literally everything looked the same. It just didn't use any of their assets. All it used was the design.

[@greatduck5297]

***** Is that the name of the game? The one I remember was a facebook-like mobile game where you built cities? No, not sim city. It was more of a puzzle type city building thing.

[@greatduck5297]

***** Oh. No, I was referring to a more recent court case. Basically, a guy was fired from a mobile development team for a facebook game, so in spite he ripped them and monetized the hack out of it. His game was an exact clone. Literally all he did was reskin everything. This was done 2 months after being fired. He was the programmer. It was blatantly obvious that he was ripping off the game out of spite.

[@MakiPcr]

We live in a World where Family Guy stole a video from KZbin and then got the original taken down for copyright infringement. Everything's possible

[@charmedrools1]

honestly when i was a kid i genuinely thought that asteroids and meteroids were made by the same people just updated with better graphics :o

[@thickskulls]

honestly I don't blame you

[@gladyspenaloza7722]

Me either

[@jayfox8765]

When you said "No-one can copyright a game mechanic" I started wondering if throwing a hat to use it for platforming (like in Mario Odyssey) was safe to use, hopefully so!

[@jayfox8765]

@Gabriel Petkov Perfect, 'cause I've got an idea for a game, which might include that mechanic! (I actually don't want to share anymore info about the game I want to make, because I'm scared that someone's probably going to steal my ideas)

[@Coolest-Daniel]

@@jayfox8765 well if Nintendo tries to copyright you just remember hat in time did that first I think like HIT came first but im not sure about platforming

[@Coolest-Daniel]

@@jayfox8765 also I don't think you can be copyright strikes for game mechanics

[@canaldeizau8252]

n o

[@shlokshah5379]

@@Coolest-Daniel accutualy capturing enemies and using their abilities sound a lot like the powerful death god(Kirby) but was not made by Nintendo as in castle Vania you can kill an enemy and wear its body.

[@kendall8135]

King Trouser is my spirit animal.

[@grey3247]

NottSoNormal XD

[@yuhanthansivamoorthy9176]

NottSoNormal when is this dumbass gonna stop hating on sonic?

[@kumiko4100]

Sonic sucks

[@yuhanthansivamoorthy9176]

Kumiko you suck.

[@kumiko4100]

Yuhan Siva And you swallow

[@lunarbronerz3574]

Does anyone else want “Superb Bario Siblings” as a game no just me.

[@clintonanderson7436]

Lunar bronerz that would be an interesting game so yeah

[@thatguybronze8632]

Yes please yes

[@boredumhaver2841]

me toooooo

[@kaboom1255]

it is

[@roaringthunder115]

I want it

[@mikeysheep5380]

If MatPat is arrested... Then we need Austin for non-SCIENCE videos

[@dinoxman8584]

Mikey Sheep Nah, instead of Area 51, we raid dat police stations Matpat went to.

[@justsomeweirdbirando1748]

We would all break him out of whatever prison he was in

[@liker-qd4fz]

oh dear god

[@lukesmith7059]

Andrew Purcell YES!

[@trishapancio61]

Me

[@waltuh6202]

2:48 Temmie And yes I know he said to me I just love Undertale Let’s see how you like blue mode ⬇️

[@irbiswirbis]

I cant

[@waltuh6202]

PepperSpace you know what I’m subbing since you were the one and only person who was noce to me in the comments

[@starplatinum2548]

Moody Blues

[@waltuh6202]

Star Platinum I forgot that I even commented this

[@Kai-iy3kk]

Hoi I'm Tem! Welcome to Tem Shop! This is my friend Tem! Rich history of Tem. Temmie!

[@nathand.9268]

Matpat in court: (Finishes case) BUT THATS JUST A THEORY, A LEGAL THEORY... Thanks for judging. *Sits down*

[@peter-william]

Thank you for existing, the human population is proud of you.

[@hitesharun6538]

We need to make an ace attorney fan game with mat as the protagonist

[@Alhelir]

Come on man copyrights on mechanics in video games is so laughable and ridiculous as trying to copyright a single word in the Internet , it's inevitable to REACT to such dumbfoolery.

[@kajag5232]

Well played, mate.

[@Kaymazo]

That was trademark, wasn't it? Not copyright I think?

[@harleys593]

trademark and copyright rules are tricky and irritating. fair use is a parody of something using similar or comnpletely different assets with a similar use. similar being the key word. honestly i think its a bunch of idiots getting overly defensive about someone making something cooler than theirs so they shut it down before someone milks it for money. pokemon uranium did a bad by calling it pokemon. if they called it backpack beasts then it would have been fine, but using a trademark name with copyrighted title art was a nono. and with the metroid clone, it was all the assets that screwed it. you cannot tradmark or copyright an idea. you can copyright a piece of art. so music, paintings, a specific picture, all fine to copyright. you can trademark names, REACTworld, pokemon, metroid. but and idea cannot under law be coprighted or trademarked. you have to have a physical copy of it.

[@kokichiouma297]

+Harley S well yeah less competition is more profit most companies are inherently anti consumer because there bottom line is profit

[@aidantsoumbakos5519]

You're right, but I just came from a comments section of another video that was so salty, I could sell it with chips.

[@kill4karma]

I personally think that as long as someone isn't making money from a fan game or claiming the characters as their own, it should be allowed to stay up

[@normieaboo3866]

Dang, that’s a shame. I was psyched to play “Newer Superb Bario Siblings HD Deluxe: The Thousand Galaxy Odyssey: Super Star RPG-Mega” featuring Dante from the Devil May Cry series and Joker from Persona 5!

[@preciousgem9127]

And Knucles.

[@emerald773sstudio2]

Dont forget that it's the definitive edition.

[@hunterthefox8156]

@@emerald773sstudio2 and knuckles

[@jonathanpecany1673]

Toby Fox is mainly cool because he let's people have imagination and also he did it as well and he would feel guilty not allowing them and I am pretty sure Toby Fox is actually impressed with the fan games, I know I am. Just hope no one has a time machine or else something will happen. I claim that.

[@niko235l3]

I had an Undertal game but it got delittet befor i iwen finischt it :(

[@umbreotheomega442]

GameAdventure //Jonathan Pecany HAHAHA I REMEMBER THE TIME MACHINE FROM A FAN GAME!! HAHAHA

[@thedooonty123]

@@niko235l3 engilish boi

[@SkyHacker9]

also, fan games of undertale, could never be anywheres near a clone, it's too complex for that

[@ezzeldinmohd6740]

same with scott

[@reneethespicelord4374]

i wonder if every night nintendo just starts up there computer and be like: wo are we going to copystrike today

[@reneethespicelord4374]

AngryMonkeyArmy so am i

[@chattersalad4171]

no its more along the lines of the last workers of the day leaving and all the guys who do copyright infringment come and get to work.

[@UltraProbe]

XD

[@smartboy201]

+Renee Rolevink What, you don't think they work in shifts?

[@chattersalad4171]

if nintendo hasnt copystriked anyone for a whole week, GUYS WE GOTTA TAKE DOWN SOME GAMES

[@familyof4floofsters597]

Being a Fan-game and Fan-art creator. This has helped me understand what my limits are. Thanks a lot

[@datchia]

12:05 “scarier then listening to this guy” Me, absolutely terrified after watching that clip:

[@blue_bird7733]

The news article says "Earlier this evening, popular KZbinr Matthew "MatPat" Patrick was arrested after uploading a copy of the hit game "Super Mario Cart" (idk what that part said it was to blurry so I just tried to fill in the blanks here) Mr Patrick was quoted as saying "Trowser shall rule! Feed Skip!Don't Photoshop me onto a bigger man if you can't find a better image!" Before being imprisoned for an unsuspected amount of time. When the editor was questioned about the image, he shrugged and continued typing up text that will only show up for a brief period of time, finishing the sentence with gibberish purple monkey dishwasher thirteen Lockwood horaho 134 ginger babe bird noise.Many bystanders watched Mr Patrick enter the police car without resisting arrest despite his petty crime. MatPat will go to Alcatraz, specially reopened for the entire duration of the sentence. Although many consider this insane or needless, many other rip-off games were found in his basement including.

[@blue_bird7733]

"Sammy The Dark Frog","Monkey Song Country","Spacefox", and "Method Elder. A Peek Into The Vast. No further details were provided." No lie that's what it said its kinda hard to read so I may not have gotten it word for word.

[@onepokeman3077]

It was Alcatraz, not Antarctic

[@blue_bird7733]

+Sans The Skeleton lol I guess I missed read

[@blue_bird7733]

+Sans The Skeleton plus I got most of it right and it was super hard to read because it was super blurry

[@edgarlarios4718]

I capture the screen on that part of the video just so I could blow it up and read it later. So funny that you posted this.

[@blue__berry_9693]

I was like eye wide open when it said a free roam fnaf fan game has the power to overthrow a fnaf free roam made by Scott

[@zax829]

5:22 "this mario is slightly less sociopathic"

[@xXpigiepicguy123Xx]

I laughed A LOT in that part

[@_kyrii]

0:38 When you pause to read everything lmao Also why am I here in 2019 rip

[@ilik3ducks89]

Joshua Kovacs yes alctrz is now open

[@thejail_berd8731]

Joshua Kovacs why am I here in 2020

[@ofek24G]

If Terraria can wiped out for being a "Minecraft clone", I seriously don't want to live on this planet anymore.

[@hero_playzgames4856]

Me and you both

[@Hedgehogpie1]

Minecraft itself can be shut down by Infiniminer since Infiniminer came before it. A bunch of games can actually shut down Minecraft lol.

[@janettescott7428]

And all of those game creators that take down minecraft would get a *LOT* of hate!

[@julioramos8085]

+Janette Scott let me finish ur sentence not Minecraft honestly is garbage just my opinion

[@saltynurd3015]

please explain how its garbage? from what ive seen people who think its garbage don't understand why people still play

[@noradora5713]

Superb Bario Siblings Where you play as two Spanish electricians travelling through the Truffle Empire to rescue Queen Nectarine from the evil clutches of King Trouser.

[@donaddams8825]

neopolitan333 Sailor Earth Sounds embarrassing for the electricians …😳

[@ahmed4363]

Xd I love That Intro

[@Banana-ho5ux]

neopolitan333 Sailor Earth king trouser lol

[@UmCaraNormalnumPlanetanormal]

neopolitan333 Sailor Earth I'd play that for sure

[@JosiahVarenkamp]

I WANNA PLAY DAT GAME!

[@rotz394]

Oh great, MatPat predicted Article 13. Just what I needed to know today.

[@pixelparasite829]

Me: I'm planing on making a platform gam-- Nintendo: STOP RIGHT THERE!! Me: Wha-- Nintendo: THIS IS OURS NOW!

[@LacrimosaTheNerd]

ADDITIONAL EDIT: I just think fan works that are non profit and that openly claim to be fan works rather than trying to ride off coattails for money should be protected for the labors of love they are. The argument many people seem to have is if you get Uranium you won't get Sun/Moon. Why? Since Uranium is free, it doesn't take money away from what I'd use to buy Moon. And it's no different than any other Pokemon games in this particular respect. That I bought Emerald means I probably wouldn't buy Ruby or Sapphire, but it wouldn't keep me from buying Platinum when it came out. Uranium is essentially different from official games and since it comes at no cost it doesn't prevent me or any other money-deficient fans from buying Sun and/or Moon. This copyright stuff is ridiculous. Pokemon Uranium was FREE, there was no money made for it, so there was no reason for Nintendo to take it down! Fan games INCREASE viewership of the source material, Pokemon example it brings older people who've left back into the world of Pokemon because it's what they know and love, but different and more serious. And someone poured their heart and soul and their irretrievable TIME into that game. That it was forced to be taken down is absolutely disgusting.

[@joshuag1140]

While I agree it shouldn't be taken down, they may have felt it threaten their chances of selling sun and moon and didn't want people to get that game instead. Plus they have the legal right to, and what they want to happen to it will. They should have hired the guy and got copyright to the game, but it's their choice

[@idk-kn6nw]

Ehhh, I don't know, the unfortunate truth of the matter is that fan games DO NOT increase profits, or at least have not been proven to. Pokemon games are generally identical to each other, so to The Pokemon Company, people are getting their Pokemon fix for FREE. Especially with Sun and Moon coming out, people need to have a withdrawal from Pokemon to buy the next installment. Plus, the game was just removed from the host website, and is still available EVERYWHERE else. Clearly there are no lawyers actively chasing the game, so it could just be some standard corporate IP protection.

[@keatonerskine2811]

+Indie Devs 9001 Nintendo didn't shut it down they sent them a message and the creators decided to end it on there own terms

[@yungmate5803]

It was taken down because it used designs, names, logos and other things owned by Nintendo, and it used them illegally.

[@dr4g0nitedive29]

Uranium also used their TradeMark. They probably didn't want to be associated with it

[@l9m241]

Pretty much: The legal system is weird and needs to be reworked. Then again, No Mans Sky got a copyright claim because someone sued for using the word "sky" in the title.

[@sorryforbadenglish2106]

Wow. What these guys are thinking, you can not trademark a common word.

[@skullybonesgamingawesome2544]

+SorryForMyBadEnglish hey you said wow and common I'm suing u Our legal system at it's finest

[@Mastrubatoryi]

it was sky does minecraft 100%

[@TheOblivionsDawn]

No one learned from that FineBros. clusterfuck back in February.

[@terrasilvershade5678]

King Games tried copyrighting the word "Candy" after Candy Crush became so popular

[@redacted4749]

Man when you said being released at a toys ‘r’ us near you made me sad. You guys probably know why.

[@ozrax5614]

'KZbinr arrested over his ''King Trouser''' Oof

[@KaiserFenriswolf]

Battlefield is totally a ripoff of Pong. They are both games you can play.

[@Gabiyi]

See u in court

[@AntiGravityC9]

imagine the amount of MMORPGs that would be shut down if judges went by "someone said it's a wow clone"

[@marcomaged2574]

+Anti-Gravity hahaha

[@DarthVader1321]

In all honesty this bullshit might actualy become a fact

[@KaiserFenriswolf]

Because 'murica

[@BlueEyesWhiteTeddy]

The legal system is so stupid when it comes to creativity... :(

[@dirtbikeboy5418]

Ya I was going to make a fnaf fan game but no because of god dam codyright

[@xSilentZeroXx]

Well, the important thing is whether or not the copyright holder actually wants to sue you. And if I had to hazard a guess, Scott Cawthon probably would not press charges. So I think you'd be safe to do it, if you were that serious about it.

[@melissat5719]

The legal system is getting worse and worse overall. I mean there were serious comments from the US attorney general to arresting and prosecuting Global Warming Deniers.

[@keeghanburk7906]

That is because, unfortunately, law and understanding come from two opposite sides of the brain and therefore, do not interact in the same way. A Logical man cannot understand why two things are similar, it either is or is not, while an Observant man cannot see two things as the same, as there are always variety between the two.

[@ventuswill2847]

And now it's gonna get worse with the new Presidental canidates

[@TheLonglived3]

Am I the only one who stopped to read the newspaper in the beginning? It was actually interesting.

[@ambermargheim5726]

Me.

[@dyslexic_corn]

Wait what did it say? It's too small for me to read

[@dianeparr1888]

This

[@Jayup]

Thank you Scott cawthon and Toby Fox for not taking fan games down. I used to have a fnaf phase and I love the fan games! Now I love undertale, and I really love the undertale AU’s. The protectors like ink and destroyers like error added to the story makes it never get old (not that undertale would ever get old on it’s own). I just want to thank you for that, Toby and Scott! Thank you!

[@Eliatorcoolminer]

if i was nintendo i would have hired the guys behind pokemon uranium they made a fan game better than some of the real pokemon games

[@ShinePaw101]

Nooooo that would make too much sense!

[@crumpscrumbs5007]

Nintendo oughta Officially support these games. Port them to the WII U and charge like, $10. I know it wouldn't be for free, but if it means being able to play those games I'd do it.

[@llrennanll]

More companies need to be like Valve, hire the developers and make another game.

[@that-guy-pearce]

*cough* ORAS *cough*

[@Lynn-clips]

+ShinePaw101 Sega does what Nintendont

[@ghostgokuoldchannel6641]

Not going to lie, thought this was GT Live 😅

[@cringeybydefault4151]

same. im almost skipped this episode because i thought it was just them playing a game

[@michiplays7142]

i always skip watching game theories because I think they're gt live feelsbadman

[@slappy2013]

+cringeybydefault I've ignored like 60 videos because I thought it was GT live. I was like why hasn't he posted anything in forever?

[@bananatassium7009]

Same, then I clicked on because I thought I missed it and realized it's a Game Theory.

[@sarahlewis7859]

Same😅

[@tofictionandbeyond284]

11:15 my favourite part. Also MATPAT should be a lawyer.

[@No-qm4se]

Mat: TNAR uses lights to see in the cameras. FNAC: *_HOLD UP-_*

[@failpip4235]

This could single-handedly destroy gaming as we know it, if people start claiming entire mechanics

[@catbattle8387]

Well if Battlefield can take out COD I would be fine with it. But a lot of game publishers aren't as rude as Nintendo, so they are probably fine. Which is how all the fnaf and undertale fangames are still standing. Because they wouldn't want to file copyright on them anyway.

[@failpip4235]

Cat Battle I don't like IW existing (even though I'll get it for the MW remaster), but using shitty copyright to take it down will instantly destroy all respect people have for it It's basically saying that CoD is such a superior game that they can't beat them fairly (not saying this is actually the case. I have bf4 and bo2 and I like bf a hell of a lot more) Even though gamers hate some games, they generally respect its right to exist It's like the whole thing with Evalion.

[@catbattle8387]

tay kyles Fair point. I`m not sure why Nintendo takes down all these games, but a lot of game publishers wouldn't be that rude. As well as COD, that would also kill Halo, Overwatch, TF2, and many more fps based multiplayer pvp games.

[@failpip4235]

+Cat Battle I just theorize it as Nintendo being the least successful of the big 3, so they have to preserve their franchises as much as possible probably the fear of a fan game replacing the real thing or comparing to it

[@dantefiore8442]

someone claims the camera mechanic, THEY CONTROL ALL OF GAMING!... if that were possible id laugh

[@gardenturtle4878]

The judges should've used this analysis Kowalski analysis

[@joshuaz8185]

IRRELEVANT.

[@SomeGeneralName]

They should have

[@justsomeweirdbirando1748]

MEME ANYLISIS

[@pixelparasite829]

We've lost engine one, And engine two is no longer on fire.

[@roaringthunder115]

Irrelevant

[@lemon_colly_]

I love Undertale AND fnaf Hmm... UNDERFNAF!

[@deminumenera1758]

FNaFTale

[@jakesouthern4050]

Five nights at napstablooks

[@lemon_colly_]

@@jakesouthern4050 OOOOH YAAAAS

[@drake206]

No

[@elyzabethwasananingsih488]

Freddy sansbear

[@scottbaldwin6763]

this episode definitely has the BEST cold open of ALL the theories. Superb Bario Siblings and King Trowser!

[@nuclear_atoms7186]

10:00 stop reading my mind.

[@AstroMegpoidMikuPixel4]

The amount of People commenting "first" shows that Game Theory still needs to educate them.

[@-mae-5524]

OOHHHHH

[@ShanerGamer]

And KZbin still needs to stay 13+

[@carson8530]

H

[@ShanerGamer]

Margo S You must have some sort of repellent... GIVE ME THAT.

[@ThieftheFlygon]

okay... now THAT was a good one. I applaud you friend.

[@Sapphireskittles]

"youtuber arrested for king trouser." me:wait.......were his trousers illegal? XD

[@dagandandaniell.823]

Matpat: Doesn't the law system sounds fun???? Me:Yeas

[@smolcloud3521]

This Mario Is less sociopathic

[@abadgurl2010]

I hate platformers but I'd totally play Superb Bario Siblings for parody factor alone.

[@abadgurl2010]

Also, I would've sided with Asteroids and Street Fighter II but I would side with Pokemon Uranium and the Metroid remake because of money/profits made or not made.

[@ew6068]

geekqueen2010 same I'd play it XD

[@seed332]

Hey, what's the music playing at 9:24, please?

[@franklinfalco9069]

Fangames are the laziest form of game making. That's why I've spent the last fifteen years working on something completely new: The Fable of Helga: Breath of the Mask of Time.

[@theofficialdeathmark2202]

DARUDE SANDSTORM

[@Liggliluff]

(6:50) Well, _Ryu is_ copyrighted; but a martial artist isn't.

[@ScooterinAB]

But the other game didn't use Ryu. It used an Asian martial artist.

[@Siphyr]

0:39 Great article

[@milo0904]

I would be SO pissed if i spent 9YEARS on a game for it to be shut down in a week

[@shmiibs]

Kingofthepoos123 Lel

[@thatpotato37]

so sad...

[@pandoravex4791]

I'd be as well. But the game is around still. I managed to download it before it was taken down.

[@popcornegg4405]

Dormammu biatch I would sue the person who shut it down for a very high price

[@WillowoTheWisp]

PopcornEgg Yes because you could successfully sue Nintendo, with their army of lawyers, alone, over one of the IPs they own. That would work out very well for you I'm sure.

[@Garrettcube]

I think the whole copyright system needs some fixing. First the ability to copyright common words and now the ability to copyright entire genres is just going too far.

[@danielkhan1]

What up Kum...er.. Peter

[@rovernvercet]

yes

[@ahmyk9190]

To fix this problem simply make the judge play the game , this is like copyrighting terraria and cubeworld@ for having blocks/cubes in them like minecraft .

[@gyroninjamodder]

You can not copyright words.

[@vaalesha2278]

Uhhh, yes you can.

[@pestchild]

I can just imagine.... Judge: Show me the clip Person: 12:06 Judge: Yup we will ask him to settle the court case

[@ferenccseh4037]

3:06 "to put that in perspective". I felt that.

[@13JaeJae]

Was i the only one who thought there was an actual Game Theroy fan game?

[@sionalarsen]

There is. Matpat played it on GTLive. Pretty sure it's uploaded to the GTLive channel now titled "I haz Game?"

[@oliviageyer5716]

Ya you should totally check that one out. It's really cool!

[@mr.bannana4369]

There is one! It's on gt live! I forget what it's called.

[@iacomary]

Also i checked online and it is finally finished. Mat and Steph could finish playing it on GTLIVE

[@13JaeJae]

Thank you everyone for the heads up even though I feel stupid for not knowing lol

[@WinglessMoonstone]

Maybe people should look at fan games as games that took inspiration from the original source rather than as games that are infringing on the copyright law. :/

[@OptimusPhillip]

I do believe that fan games should exist, but there is a point where I can't deny the illegality. For example, Freedom Planet takes the mechanics and art style of Sonic the Hedgehog and tells a new story with new characters and new level design. Meanwhile, AM2R takes the mechanics and art style of Metroid: Zero Mission, and tells the same story as Metroid II using modified level design from that game. Don't get me wrong, I think AM2R looks like a great game, that has every right to exist, but I can't deny that fair use only reaches so far.

[@heathers1025]

this

[@CabooseCore]

if its free I don't think they should be taken down they're aren't even making profit.Plus they did it better.

[@WinglessMoonstone]

OptimusPhillip oh, for sure. There should definitely be a limit as to how far fan games can go, like what characters they can or can't use, certain logos and map layouts. But if someone worked really hard on a fan game and it was made as a tribute to the original game or something, people shouldn't be thinking "Oh this is infringing on our copyright policy. Take it down!" Instead, they should think "Oh wow, cool, our game has inspired this person to make a game in honor of our franchise! That's awesome!"

[@nicolasfox564]

Yeah, but no. It doesn't matter if it's a tribute, if it made money in any way, such as crowdfunding, micro-transactions, or just a price tag, then companies will see that as someone stealing their intellectual property to make money. Hell, even if it's free, they'll see it as economic competition that takes what they made and gives it away for free, which is just short of pirating.

[@mrguy-re5vy]

Mat: (says stuff about not having camera lights) Me: wow he forgot about fnaf 2 :/

[@frosted_glaceon5513]

I just want to say thank you Matpat. You make honest, entertaining fact-filled videos. It's so amazing because I've referenced and used some of the information in your videos to write essays. With proper citations of course. So I just wanna say: Thank

[@zamalamahama4894]

Still waiting for that Gaster theme

[@zamalamahama4894]

*theory

[@bobbydadude2488]

+Tyler SS you can edit comments, it's a thing, stop being lazy.

[@TitankroW]

better yet just don't be a dick.

[@and_rick_tilapia]

+Tyler SS Me too he said was going to make one "next week"... He said that over a month ago.

[@ooka_booka]

lol ikr

[@onihaiena6152]

Meanwhile, Sega is allowing fangame creators to work with them.

[@nfsman3452]

Sega does what Nintendon't!

[@paravoina534]

well that makes a lot of sense with the characters and gameplay that they've been putting in their games.

[@jakegreen6341]

Good guy Sega!

[@lescdp6344]

So I can make a dank sanic game?!?!?!?

[@TeeSeaJay]

Jake Green sure go and make it

[@thatbeefman8042]

I need to see this because someday in the future I may be doing a game that a character shoots fire but also rolls around at the speed of sound but can fly just like Kirby but has fruit as coins, rings whatever and has some music from other games

[@scarlettlasweet]

F to pay respects to Pokemon Brick Bronze. What's funny about that too is that they weren't only using copyrighted sprites but they were also making money off of the game from game passes so I don't see why people were so confused and angry when it was taken down.

[@kadenkim5193]

Exactly.

[@joshuadarrow]

Wait... so at what point was any of this a theory? This seems like one giant statement of facts.

[@Rabbit_Hill]

I believe that it'd fall under the "meta theory," category of MatPat's videos, which more often than not, end up just being more of an observation than an actual theory

[@joshuadarrow]

That's not a game theory, that's a game-related question.

[@teiasoserevi]

It's a Game Theory, doesn't necessarily have to be a theory.

[@Rabbit_Hill]

Ollie Longworth So, what facts were incorrect?

[@Rabbit_Hill]

Ollie Longworth But the thing is that no matter wether or not the creators are benefitting from the release of the fan game, it is still an infringement of copyright. It's like saying that if a big KZbinr, say, Markiplier, used a copyrighted song in his video, but didn't monetize it, it's okay to use it. The video got millions of views, and even though he didn't gain money from the use of the song, he was still exposing millions of people to that song for free when the copyright holders of that song should be receiving the money as if the viewers were purchasing it. In the end, it doesn't matter if the creator didn't benefit from it, they're still infringing, and indirectly causing the owners of the copyright to lose money. I'm not saying that I agree with these things, but that's just how they are

[@269tron]

I can't believe Nintendo just destroyed a dream that took 9 years to make! Thats a d*ck move in my opinion, but I guess they did have a semi-good reason. I just wish there was a way they could've sorted it out without the game being incinerated.

[@ggwp638BC]

They had a very good reason to do it. Do you know that thing of "If you let the first and second slide, why can't the third?", well same here. If they let a nice fan use their trademark, they will have a very hard judicial battle when a bad company decides to use it.

[@spentparch4067]

Its the internet. You can still get it through many ways.

[@protozilla4092]

After nine years in development...

[@DragonOfDrakness1992]

They had a VERY good reason... they used the name "Pokémon", they could have called it anything else and it would had been fine to just make it a "Pokémon clone" Also they used assets from other Nintendo-Pokémon games... which is "stealing" of the Pokémon franchise... Does it suck to waste 9 years? Sure, but maybe should they have throught what they were about to do instead of being idiots and breaking the law.

[@TheLegendaryTashy]

It's the fault of the developer, he should have sought permission to use Nintendo's property

[@thomasblanchard5303]

3:53 yes

[@McHumanSir]

Scott now:*gives money to the makers of popular fan game. Nintendo:"ah fan art fan games AND PLUSHES I will see you in a court with the company's 60 lawyers

[@Ch50304]

You do realize that both are different. Scott is a single developer, Nintendo is in the business of fan games and merch.

[@theminiman4]

I failed test today. Come home. New gt vid. YOU KNOW THAT TEST DIDN'T MATTER ANYWAY

[@theminiman4]

^ and thats why i failed xD

[@AnimeLover-po2nu]

+david voronov at least you know it XD

[@GameTheory]

Sorry about your test :( But glad I could make the day a bit better! :)

[@shadow-lc9vr]

omg you reply!? when did this start?

[@theminiman4]

+The Game Theorists OMG OGM OFMFMFDJSJS

[@Cressy4851]

There's a fake channel out there pretending to be The game theorists, giving out links to "free" pokemon go coins. Just figured I'd let everyone know...

[@puggle0383]

I know people do that on other popular channels like:Pewdiepie, markiplier, Superwoman, and many others

[@Pugpono]

+Puggle03 Pug! :D

[@hoodedman6579]

That happens with literally every popular channel...

[@andknuckles___1768]

+Puggle03 bruh its in twelve minutes

[@puggle0383]

What?

[@sashamurashi225]

10:42 and it gets worse with among us clones

[@cocochcoco]

I like how many creators do accept for people to get inspired bye there games and let them make there own based of it. There some really good inspired games! Not only are they good games but I also like to see how other people get inspired bye it. And if people like the inspired games there is a pretty high chance that they’ll hear of the original ones. Basically a win win right? Tho I am wondering do the creators ever play some of the inspired games? Because personally if I was the creator I would. I would love to see how my games can inspire other people and to see what kind of twist they would make to it. Sometimes even creating whole new stories to it!

[@ethanotoroculus1060]

0:08 Wait, what? Matpat actually managed to get an authentic drumroll sound effect!? ...Well, there's a first time for everything I guess... And a last time too I suppose.

[@ihyp3rate761]

Ethanotor Oculus Maybe the clickbait money was spent on the 1 hour subscription

[@ethanotoroculus1060]

Haha! That was pretty good!

[@NomiGirl]

Actually, Toby says in the F.A.Q. about fangames, specifically, "Don't make a whole remake of the entire game or things that discourage from buying the original." Meaning you CANNOT use the images of the canon characters, no matter how much you to reskin it. This is why TeamSwitched, the creators of the Underswap on GameJolt had to start from scratch after putting MONTHs of work into the game.

[@michaelepica3564]

SCREW THESE GUYS THEY STILL WILL PLAY THE ORINGAL

[@mothman4086]

What about the Undertale Yellow game tho

[@FrickCapitalism]

Over 50 games would like to have a word with Garry's mod

[@boufrops6845]

"Over his "king trowser"" Me: 😏

[@DrDapperTF2]

Wouldn't good old slendy be able to shut down joy of creation?

[@JamUsagi]

So to recap, to be shut down, a game must either: use copyrighted materials (characters, objects, brands etc.), or have both similar mechanics and similar expression of said mechanics... I think? Wouldn't that make Freedom Planet susceptible? D:

[@PhoenixTartTV]

Not necessarily. Slender would technically be a different genre than TJOC despite the fact they're both free-roaming, horror, survival games. TJOC still uses that "Restaurant Robot Survival" theme, except not in a restaurant, and Slender... Well I'm not exactly sure what the specifics of it's genre would be. The only way I could think of Slender being able to shut down Creation is by using the Ignited-Chica stage which takes place in a forest nearly identical to Slender's, requires you to collect pages, just like Slender, and has basically the exact same gameplay mechanics. However it's still using a different character so that could still possibly protect TJOC. Idk this topic is debatable.

[@RedDragonKeeper]

Slender is considered a mythical/creepy pasta survival horror game

[@sysyishot7859]

Son Goku CD Preach mah boy👏

[@sysyishot7859]

Syhir Sire XD*

[@BSJuliaMagna]

Is it copyright infringement? rule of thumb: if the sueing party has more money it is copy right infringement. If the defendant party has more money its fair use.

[@SuperSmashDolls]

Fair use is also copyright infringement. It's the legal equivalent of saying "Yes, this is infringing, but I had a good reason" and the court agreeing with you.

[@maverickmic]

Well that's a good argument, by and large more cash will assist in a court win. However a poorer party can still win if they understand and articulate the law and their argument correctly. Most people don't really understand TM or Copyright infringement and tbh it's a very niche and difficult area of law, I was doing research on it and you'd be surprised how often people infringe and lose by simply thumbling forward. Now in this case these people know what they're doing from the off so it comes down to the company allowing it or not, IMO they aren't pouring much into Metroid (for good reason) so to allow a game that is going to take away sales from their title of course they'll take it down vs the Pokemon one where it's no contest vs what they're putting out there. Best thing these people could and should do is make it, approach Nintendo or whoever and say look this is what we have, if they don't like it well sorry that's how the cookie crumbles, though it can easily go the other way ala Counter Strike or Sonic Mania

[@Wolfbane971]

no its not did you even watch the video?

[@maltardraco9555]

This is the heart of the problem. The courts don't care about originality or culture or copyright or any right that anybody has. They only care about money.

[@Overlord69]

Victory is claimed by the richest...

[@cb9819]

Minecraft:Terraria is copying us! Terraria: And what about a massive eye bossfight is your idea?

[@bradstevenson9398]

The game is not simular at all, the only simular things are sandbox and open world

[@VergilTheFreak]

@Lunar Productions And Terraria also encourages people to play minecraft

[@pineappleslover8140]

Scott oh my god he is here and always watching Scott I love your games

[@trygveplaustrum4634]

Bethesda's gonna be doin' a whole lotta suing over the "It's like Skyrim, but with..."

[@teddycouch9306]

You can entirely overhaul their game and they don't sue. Look up enderal

[@feno1053]

Teddy Couch enderal is a mod, you have to buy skyrim to play it. That pokemon fangame was a standalone game with no conection to nintendo. 2 different things

[@VarenvelDarakus]

you can make multiplayer mod , and they will sue you

[@sol2544]

Feno Actually, the pokemon uranium was chock full of trademarked names and characters. it was screaming "SUE ME"

[@josephaversa2494]

I had no clue you even knew what Underfell or Overtale was, MatPat.

[@niko235l3]

Of cors he nous lol

[@foxcunningham8841]

Niko235 L Please learn to spell....

[@duas9468]

@@foxcunningham8841 u can understand him, thats what matters

[@foxcunningham8841]

ToggleHD Well, yeah...

[@queendestruction669]

@@foxcunningham8841 NOBODYS PERFECT :)

[@Krankathank]

KZbinr arrested over his “king trowser” this killed me

[@essejay7952]

Technically the game can only be shut down if the game creator chooses to go to court

[@VazcoDaGamer]

That's true, but then again it's very easy for a dev when presented a possible case to go ahead with it.

[@matchecho]

that means that TF2 could take out of the market OVERWATCH?

[@DJFlare84]

I'd hope the abilities/ults would keep it safe. ... also perky british ladies don't hurt I bet!

[@purpix8843]

law is dumb

[@xXEchoXxAssault]

+iXON VG Anarchy!

[@xXEchoXxAssault]

+daniel wiles Damn... talk about copying

[@purpix8843]

daniel wiles tf2 is so wide to the point where every game has a bit of tf2

[@cbjsniper1818]

Do a game theory about the entire zombies storyline from World at War to Black ops 3

[@Random-yg1fi]

He should totally do that. Like what do the endings mean? Especially with revelations recently released.

[@shortfusd]

I don't think he will do a good job he doesn't know the story as well as MrRoflwaffles or some other youtubers. But I still want to see a video like that it will definitely be interesting to see I want to see his take on the story.

[@jdsteg217]

that would be awesome

[@mitchellneu]

I've been praying for a COD timeline for AGES!!!

[@miguelking236]

That would be awesome i hope he can do that

[@RuthlessDarknes5]

7:13 WAIT IS THAT MY DAD!?!?

[@testentity1.0gaming95]

Wow I just learned a lot, now if I ever think about making my own fan games I must make sure that they have their own zest and wouldn't be too much like the original inspiration. Plus all of the mobile Mario clones... they are going down (I hope).

[@cavorkehl6777]

Maybe I can establish a company that make games with all kinds of combination of ideas, but make them all craps. Then I can claim copyright whenever someone make a new game latter. This is a way to take down the whole game industry, isn't it?

[@cavorkehl6777]

How can you insure that EA, Nintendo, and companies like them are not the kind of the company I said above? How can you insure that their games will not be craps in future perspective?

[@joshfgaming3915]

If it is, I think is seems pretty mean.

[@birbman5186]

@@cavorkehl6777 huh, you're 100% right..

[@TacNaynMC]

There's no 'us' in fan game, but there is a 'c u' in court.

[@cosmiclatte2652]

IHadNoIdeaThatGoogleAllowedYouToChangeYourNameIntoSomethingSoRidiculouslyLongAndStupidLikeIDidHere I only replied so I could find out your full name because it was to long to fit on the screen. Great job with your username XD

[@parakeat6185]

Your name is amazing XD

[@introvert4931]

Wow... That name tho

[@bain8renn]

IHadNoIdeaThatGoogleAllowedYouToChangeYourNameIntoSomethingSoRidiculouslyLongAndStupidLikeIDidHere gud joke and name m8

[@syren7277]

I was confused at first then I actually read the user

[@casengamer255]

Nobody: Me and matpat: Finaly I beat king trouser!

[@z-man5304]

Is there a way to make a fan game with the name of the game you wanted to make a fan game for in the first place without getting copyrighted