Game Theory: My Fan Game is a CRIME?!

[@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.

[@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?

[@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?

[@dawsonlaughren730]

The law should not use blogs as a way to measure copyright. Most often the term, "It's a lot like ___" is used to help others understand the game, comparing one game to another inorder to make it easier to understand and play. This is total BS, the law should not use this kind of a system, it is terrible flawed, on top of this the people who wrote these reviews would have had no idea that their words would have been legally binding, and no way to have obtained there consent.

[@Proxaniss]

In addition to that, such an opinion cannot be, who would have thought that, objective. The court usually decides things on reason and logic, little emotion, as far as my experience dictates at least. A blogger always has his biases and often there are emotions involved in gaming. They might say that game Y feels similar to game X because he experienced it in a way that made him remember game X. If we go on like this we might end up in a situation where one horror game strikes down the other for having a "reminiscent" fear, although that would be an extreme example. That is fucked up. Now if you excuse me, I need to sue someone for selling apples as "tasty apples", clearly a shameful rip-off of my "delicious apples", for I have came up with the idea of delightfully tasting apples.

[@shingfanchan4389]

Agreed +1

[@Gelondil]

Actually, the bloggers decisions were not used to set laws or precedent. MatPat kinda glossed over that fact. The judge only used the bloggers opinions as evidence that the case had merit to proceed. No ruling was ever finalized because they settled out of court before then.

[@Charles-hm6ze]

people need to just stop being greedy assholes and stop trying to constantly copyright strike each other all the time

[@ThePsychicClarinetist]

I agree that it is HORRIBLY flawed, it's very painful for me... Also, how are they gonna let some 60 year old judge or person in court say what's valid in the gaming world when it's possible they haven't even played a video game before (or possibly even seen one)!? Our government is full of idiots. I won't be surprised if Donald Trump really does become president at this rate. An idiot elected by (not every elector but those that don't understand the damage Trump will/could cause) and working with other idiots!

[@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

[@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

[@Ztarduzted]

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

[@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

[@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.

[@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

[@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!

[@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

[@Verlisify]

Wow, copyright is fucked

[@Waffeaux]

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

[@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.

[@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,

[@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!

[@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

[@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

[@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 ͡°)

[@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

[@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

[@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

[@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

[@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

[@Ealiis]

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

[@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

[@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.

[@Falkenschwinge]

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

[@Falkenschwinge]

Because 'murica

[@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

[@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

[@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

[@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

[@NazrinHedgen]

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

[@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.

[@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

[@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

[@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

[@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

[@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

[@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

[@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.

[@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.

[@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!

[@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

[@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

[@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.

[@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

[@michiplays00]

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😅

[@datchia]

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

[@Haedox]

COPYRIGHT INFRINGEMENT IS NOT A "FELONY" IT IS A "MISDEMEANOR". I feel like you could have gone so much more in depth with copyright infringement law with regard to fan games like AM2R and Pokemon Uranium but sadly, you did not. For what this video was, especially with regard to Undertale and FNAF fan game examples, it was a good evaluation of the situation. Some misinformation like the clickbait-as-all-hell thumbnail but whatever

[@donkeycast1020]

Love your channel boi

[@lananielsen9465]

Click bait titles infuriate me too, you're not alone there.

[@antique_04]

Heyyyyy, its Haedox!

[@alexrawlings541]

I think the Thumbnail was more going for alliteration over accuracy. Also I too cannot stand GT's video titles

[@discontinuedacc]

YO haedox! love your reviews!

[@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?

[@nuclear_atoms7186]

10:00 stop reading my mind.

[@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!

[@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

[@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

[@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...

[@familyof4floofsters597]

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

[@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

[@maryerivera01]

You stole my idea! Amazing Lario Cousins! You play as two Russian exterminators named Lario and Buigi, traveling through the Potato Republic to rescue Duchess Syrup from the evil clutches of King Coucher. Yes an evil couch creature Edit: 82 likes! Thx!

[@WillowoTheWisp]

Mary Rivera You all stole my idea!! Alpha Dario Kinfolk! You play as two Australian Architects named Dario and Wuigi, fighting their way through the Salad Nation to rescue Empress Mayonnaise from the evil being known as King Sloucher. Yes an evil King in need of a chiropractor

[@edwardevans5759]

God dammit! I was working on a game called Supreme Slavario Brothers. A tale of two Slavic siblings, Malio and Ruigi who travel through the Turnip Fiefdom to rescue the Lady Marmalade from the clutches of Lord Wowzer. Yes, a evil king that says Woaw in an Owen Wilson impression!

[@AwesomeNinjaXD]

What about Ultra Carlio Relatives? It's a game where you can choose between two distant relatives named Carlio and Fuigi, and travel through the Gumdrop Nation to rescue President Shine from Czar/Tsar Mulick. idk

[@BURNTOASTSR]

OMG! I'M DEAD! xDDDDDDD

[@RaspberryMalina190817]

Mary Rivera Dude! That's totally copyright infringement over my original game Fantastic Tario Uncles! You play as two French builders called Tario and Guigi who travel through the Root Province to save Queen Strawberry from the evil clutches of King Drowzer, a person rather fond of sleeping! Dang, you just can't keep original ideas anymore, huh?

[@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

[@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!

[@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..

[@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"

[@smolcloud3521]

This Mario Is less sociopathic

[@zax829]

5:22 "this mario is slightly less sociopathic"

[@xXpigiepicguy123Xx]

I laughed A LOT in that part

[@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 :)

[@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

[@MidnightCapricorn2696]

Nintendo hate everyone. SEGA are alright. So are other creators. I mean, Five Nights at Cole's is STILL in development... And will be for a long time.

[@grbrg4007]

Well, Nintendo has been straying away from their old copyright habits

[@intestinalobstructiongamin157]

I don’t think you say are for a franchise You say are for the franchise creators

[@mahbubmaleksyed5301]

toby fox is cool tho

[@nickhs7725]

Nitendo just hates fan games that do better then their own games

[@temxasred3086]

@CoolDisneyGamer Oh, so that's why I couldn't find it...

[@pixelparasite829]

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

[@GekTC]

The funny thing is, these decisions to copyright claim stuff are not even made by game creators themselves. Nintendo has taken down several fan games, but Shigeru Miyamoto himself has stated his opinion being that "fan games shouldn't be taken down". Something similar happened with a MLP fan game, where Hasbro took it down, but Lauren Faust, the newest show's creator, disapproved of it and even personally helped with a replacement fan game for it afterwards. So yes, games like Undertale and FNaF being indie games is actually a VERY important factor because, for such games, the brand's creator is also the brand's owner and has full power over it, but that is not the case for big brands like Nintendo or Hasbro, where game creators eventually lose the power to decide what to do with their brand since it is technically no longer theirs, even though they created it. Unfortunately, these things will keep happening as long as brands are owned by companies with monetary interests instead of creators who love and care about their product.

[@MidnightCapricorn2696]

So that's why Smile HD was taken down. ... I already knew that tho.

[@DarbyDraws]

Ok, here is why Terraria can't be copyrighted (in my opinion) I have played both games and 1.They DON'T take place is the same place at all!! The only similar thing I can think of is their snow place And keep in mind, Terraria's ground is a complete snow block Not like Minecraft, where its a snow palet above grass 2. Minecraft has skins that you can choose from(unless you download a thing to make your own, or they make one for you) and Terraria has full customization over the character 3. Terraria is obviously 2D While Minecraft is 3D The ONLY thing similar is BLOCKS if you can EVEN call it a similarity Terraria is pixels And Minecraft is blocks Ik people will say "Pixels and blocks are the same thing" But in Minecraft, everything is blocks In Terraria, some things are rounded That is my opinion on the Minecraft and Terraria problem

[@jonathanphoniex2909]

and also terraria started development before minecraft but took more time to release and that's why people say "minecraft came out before"

[@droopydragon1651]

what was that, your book report/memo?

[@assassinofabag3490]

Alyssa severance thats basically this video

[@mouselikestoanimate6323]

Girl_ gamer I actually do sometimes like Terraria better.

[@TheGauges420]

Minecraft has a 'full' snow block, so idk what youre talking about lol... You craft a block with 4 snowballs...

[@Shaymin00000]

Summary: Video games in the past have been analyzed for infringement by cursory glances, but trials on mobile games where the outcome was essentially outsourced to public opinion set precedent for lazy "it's like x" comparisons to be used to shut down games. AM2R and Uranium were taken down for trademark infringement, and the legal system doesn't have a good system for dealing with not-for-profit fan works. This has been a video summary by Procrastination Enterprises. To report an error, please leave a reply.

[@Pulstar232]

Well, not to report an error, but this is a nice summary.

[@The_Anti-Guide]

I might be wrong but wasn't there a ruling where I could use anything from the original game as long as I am not selling the game for profit?

[@Shaymin00000]

Mikowski That could fall under Fair Use, though that's more about intent than it is profit. I'm not a professional, though.

[@dracodis]

While that is a very common (gross over-)simplification of the law, that is not the actual law. When determining if a derivative work falls under fair use, courts look at four basic factors:1. the purpose/character of the derivative work, 2. the nature of the original work, 3. the degree to which the derivative work takes from the original work, and 4. the potential impact of the derivative work on the value/use of the original work. Profit generally falls under the first category, and while making profit tends to weigh against fair use, it does not always result in infringement. For example, "Weird Al" Yankovic makes profit off of his parodies, but parody is one of the long held fair uses for an otherwise infringing use (other categories include scholarship, commentary/critique, journalistic reporting). Furthermore, while a non-commercial derivative work is often found to be fair use, it isn't always. This usually happens when the non-commercial derivative work affects the market for the original, such as when a non-profit educational website reproduces an article from a paid subscription magazine.

[@RebelliousRobot]

So wait a second, does that mean fan games are usually illegal derivative works? Like Five Nights at Candy's or Those Nights at Rachel's? Does that mean your game has to be a new genre that is completely different? I don't understand the law all that much, so if anyone could provide some clarity, I'd be happy to hear.

[@rotz394]

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

[@NekoiNemo]

Why can't "justice" system ever do anything right? Why is it always either "nothing is copyright infringement" or "everything is copyright infringement"? You can't copyright a game mechanic - that's plain stupid. What you should be able to copyright however is the very specific set of the mechanics working together and put into the same game. Using your own example: A survival/management game set in a restaurant haunted by animatronics where you use cameras to monitor their position shouldn't be copyrightable. However same game where you sit in the office with door and a light on each side (both toggleable via the buttons near them) where you use a screen that allows you to switch between cameras by clicking them on a floorplan of a building (and cameras can occasionally malfunction), where management is dictated by your energy constantly going down and going down faster when any of the devices is active. Where you're haunted by 4 animatronics each of which comes from one fixed side and has specific behavior and tells. And so one, but nothing new, nothing major is changed or added (notice that i don't say "subtracted"). Game like that should 100% be classified as copyright infringement since it's the dictionary definition of a "clone" of a game, with nothing but cosmetics being changed.

[@seanin4376]

Exactly

[@8bitdiedie]

The justice system does nothing right? So apparently murdering someone shouldn't be considered a crime?

[@NekoiNemo]

8bitdiedie 1st: not related related to the topic. 2nd: "*killing*" someone is often considered a crime when it isn't (self-defense, car accident caused by victim, property defense) and in some cases isn't considered a crime when it was (can't come up with the examples on the spot, but there were cases). So yes, "justice" doesn't work very often.

[@kigut7443]

I'd say the simplest solution to the Pokemon Uranium issue (on paper) would have to be 1) asking for consent prior to producing the game and b) not plagiarizing. pokemon is nintendo/gamefreak's IP so it's kind of necessary to ask first, but if you're not ripping code from their games or re-using already existing resources (like pokemon sprites) and fully 100% making your own stuff? i'd say it's fine, especially since none of this is for profit. as an artist myself, i am constantly worried about people stealing my art and reposting it/using it without my consent. if i inspire someone to draw something differently though or they want to draw fanart of my characters, i'd encourage it! cuz i mean, they did it themselves. that's their work, they didnt use MY lines or anything. it might be my IP but they did it out of love for my work and they're not profiting off of it. asking for permission is always a smart move to make, and it's perfectly allowed if someone doesn't want their IP to be redistributed because at times it can really feel like theft.

[@kigut7443]

CREDITING IS IMPORTANT. pokemon uranium was clearly a fangame crediting nintendo. wasnt it?

[@RokuroCarisu]

Ask Nintendo? I would laugh about that suggestion, if the fact that AAA companies in Japan consider indie developers UTTER SCUM that exist only to be stomped out wasn't so sad.

[@LOLinsultan]

I agree with you. I make drawings and make up characters, and my classmates sometimes draw them too. I only get mad if they claim that the idea was also theirs. (Btw, you said 1) and b)... not 1) and 2), or a) and b)... just saying :/)

[@kigut7443]

But do any of you know Pokemon and how successful it's been? It's been roaring forward and making thousands of millions of dollars for over 20 years now unceasingly. The fans are clearly not ready to stop buying official games right now, and not in the forseeable future. For smaller companies, fan games are a detriment. Pokemon, a franchise that makes its money from video games, comics, television shows, merchandise, and even a card game, all of which is known around the globe, will PROOOBABLY be unaffected by a fan trying to express their passion and love for the series.

[@lonelynightm]

Earth Tooth Because it isn't like Nintendo has been having financial problems right? Nintendo has been releasing less games and are getting worse scores. I don't know what kind of fantasyland you live in, but Nintendo is in trouble. And the last thing Nintendo needs is people infringing on their copyright. Like you are literally delusional, Nintendo aren't looking in Mobile Gaming because they think it is some brilliant idea, they are just extremely nervous and in a really bad spot.

[@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*

[@_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

[@NichaelAngelo]

I mean, I'm here in 2024, soooo

[@_kyrii]

@@NichaelAngelo Oh geez, I can't believe I made this comment 5 years ago haha

[@auke7658]

Pokemon prism is a pokemon fangame that was taken down, 1 day BEFORE it was relesed!

[@The_Lord_Egg]

Prisim got taken down too

[@zamanalankasit9347]

I think its more along the lines of who has the money to use the legal system.

[@dangerdash4393]

Or pay it off.

[@camillehughes472]

true

[@kikkithewriter8607]

Indie game makers still make BANK. Look at how popular Undertale and Fnaf is on the internet. They definitely have the money.

[@grosslyoffensivelizard-man3438]

Ugh, mobile games. Finding new and horrifying ways to ruin gaming.

[@tonstad39]

What sort of mobile games do you think would make gaming better?

[@purnya2]

EMULATORS!

[@nettabensinai423]

+Nathan “Norse” Baker *claps* thank you!

[@raddnasuyu]

Have you tried VainGlory? It's a mobile MOBA, it's quite fun.

[@dry90125]

Such ashame isn't it. Atleast there are... Some, games that are good. Example, Terraira mobile.

[@redacted4749]

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

[@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

[@monicaleivasweaver28]

0:37 "Theories still emerging'', but hey, thats just a theory, A GA-...um... A REAL WOLD THEORY

[@User72748]

J Weaver wold?

[@flamingpaper7751]

0:24 FLEENTSTONES?!

[@thepollo8644]

joel

[@ZachariusStorkanus]

Nutshack*

[@supahstarclod]

todokete

[@m.m.2897]

GRAND DAD

[@maxstirnersego]

Dank maymays

[@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

[@hannahkay8615]

Once upon a time, Two races rolled over the World, FNAF and Undertale. They went into war, And after a long battle Undertale was victorious. Then FNAF was sealed under The internet world. And was never heard of again. ... Until another Sister Location.

[@lordsaramin7354]

i hope you liked it :D

[@Cdoggle]

I have an idea Upload your fan games to Scratch. Scratchers can't be sued.

[@islilyyagirl]

...

[@dynomitediamond6296]

creeperdestroy03 heardof the pac man project? Look it up on the scratch wiki

[@parakeat6185]

Lol, I did a game design course in high school last year and we used that

[@biacel]

FireWolfGoddess i

[@icegod4849]

Swag man

[@hai-key5973]

How to get youtube red, Step one, Delete you in youtube Step two, replace it with red Enjoy i usually use it on the weekends!

[@ccaagg]

Yeppers! There are some very interesting SSSniperwolf vlogs on youtube red.

[@neputendo]

holy sheez you smart perv.

[@bathoryiguess4507]

God i wish someone tried this.

[@ccaagg]

Flowey The flower There are probably a few people who fell for it, but now it's been done too much.

[@ventuswill2847]

Oh wow, i almost tried it DX

[@varsedits]

The legal system is broken.

[@M_D_T_999]

Ffrr

[@lucariotheepicdoggopokemon884]

If I make a game I am just gonna say at the start "Make any sort of fan-games you want. I don't give a flying duck."

[@theturtlegamer9560]

what will you give an eagle

[@arandomhumanchild2827]

If the creator ridded that pokemon fan on thier fan fame... Does that mean they aren't pokemon fans anymore? NINTENDO THINK BEFORE YOU DO!!!

[@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

[@scottbaldwin6763]

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

[@samanthatorres559]

i'm gonna wear me some king trowsers.

[@Peeper117]

Samantha Torres yeah me 2 but rip Pokémon uranium took 9 years to make ;-; welp all ur work is in the trash

[@six4181]

@@Peeper117 Ikr - Nintendo are HARSH. They should be more like Scott

[@Peeper117]

+Dominika Lukasik yeah but if there, so well like this would dat mean that there poor I mean why they gotta be so defense.

[@illusory7862]

Wow Nintendo, way to encourage creativity. Honestly, if the creators aren't making any money they shouldn't have their game taken down. Especially if it took 9 years to make. People playing the Uranium version could have made them want to plat the original Pokemon games (if they hadn't already) and got Nintendo even more money than they already had. Looks like I'm not buying to new Pokemon games.

[@lifeisterrible2998]

Phils Eyelash i didnt get sun and moon

[@minbcraft]

Phils Eyelash gh

[@sol2544]

They used Pokémon in the name, which is literally the easiest way for it to get taken down for copyright

[@evanstonconner3006]

Phils Eyelash your extremely right and I think I will take you to court aginst netendo

[@flickerleaf2465]

it's pretty much the same experience for free so it could be considered pirating

[@SlightlyVillainous]

The Joy Of Creation could be copyrighted by Slender, right? Since in slender you have to run from one thing and collect a certain number of things to win, and in Joy Of Creation you also run from something while having to collect a certain number of items. This may be wrong, since I haven't watched much gameplay of Joy Of Creation, but that's basically what I've gotten from it.

[@RTMecha]

Secret Eclipse That would also mean that Baldi's Basics is a rip off of slender?

[@user-pp6pr5fg8w]

With that logic, eyes would be a copy, and Granny

[@Talonistrying]

Yeah, technically the creators of Slender: The Eight Pages could take down TJOC.

[@honeycomb1511]

yeah but TJOC:R could remain standing

[@phet1211]

That's TJOC Reborn...an early version.

[@ozrax5614]

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

[@churchc1ty233]

Medal of Honor (2001) came before Call of Duty (2003)

[@ripoffpingu]

BUT they didnt create the idea of militarises having at it

[@IsaacCapelli]

Daniel Jensen Medal of Honor is from 1999. Then there's UT and Quake III Arena. Then Half-Life,then the original Quake,Doom and Wolfenstein 3D.

[@LeftandRight369]

Call Of Duty was meda of honor

[@DieDude743]

Никита Аргунов I was about to mention Doom too, for a long time all first person shooters were literally called 'Doom Clones' So ... yeah

[@epsilon752]

Terraria is 2008 Minecraft is 2009

[@Theolppoman]

I still can't get over your new intro. It's so good!!! Quite possibly the best intro in KZbin

[@tetefunofu]

ikr

[@Huntooooo]

lol no your just a scrub seeking attention

[@Theolppoman]

Ruby Williams Anti UTTP Why are you even here then if you don't like this channel or MatPat?

[@Theolppoman]

***** Nobody said that

[@radoslavnedeljak4213]

too long

[@timothygirard9291]

Actually, terraria cannot be considered a minecraft copy for several reasons, and to save time i will name 1. Terraria was released on May 16, 2011, several months before the release of minecraft on Oct. 7, 2011... Just thought i would point that out :3

[@the_dude_1o12]

Timmy Girard but minecraft technicly came out first when they claimed the exploration geonra when it was in the beta (back in 2010)

[@simonsurvives]

Minecraft was well into alpha development in 2008-2009.

[@spartanwar1185]

Timmy DOES have a point release dates are different from the start of a game's creation so.. yeah..

[@ayaatalyasseri4367]

Timny girad that's Minecraft pe. The original Minecraft was in 2008. So terraria is copying.

[@MintyBatty]

Timmy Girard terraria has literally very little resemblance to minecraft so there would not be any copyright strike, BUT, star bound on the other hand could be copyrighted from terraria

[@tofictionandbeyond284]

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