Duke Nukem 3D composer (Prince) says remake infringes copyrights "Gearbox fucked up again."
#61 Posted 02 October 2019 - 12:53 AM
The opposite of this situation would be what happened with that Robin Thicke song a few years ago: that one was ruled as plagiarism by the court because even though it was different on paper it had the same vibe and partially the same instruments used as the original song.
The lesson though is that it's really fucking subjective overall because very similar stuff can co-exist independently from each other so you can't just go out and say that "oh, this sounds very similar to that other song so pay x amount of money to that other guy". That wouldn't be realistic especially when something breaks into the zeitgeist, affects everyone and then similar songs come out. The people who make those hit songs usually don't even bother because of that (+ also because they don't care, they already made all the money).
#62 Posted 02 October 2019 - 01:04 AM
#63 Posted 02 October 2019 - 03:11 AM
Zaxx, on 02 October 2019 - 12:00 AM, said:
I doubt he was paid for Sony and MS versions, but not for Steam version, that would be quite weird, in fact I doubt Randy had any kinds of agreement with Prince. Otherwise, there is no difference between Steam, PSN or Xbox digital stores that are still selling the game, likely without Prince approval. Hell, among those three, Valve seems to be getting sued much often which I think is the reason why he decided to went after them and not the rest (something which I'd like to see him doing though). Or were console versions published by someone else and that someone actually handled the situation properly? Prince never mentioned specific versions either for some reason, most likely because this is not just about PC version. Though I'd say it's quite useless to sue distributors anyway, and I doubt he would be taken seriously by court just because he went after Valve alone. Valve themselves probably will ignore him.
If he didn't know about console versions though, I hope people inform him and he decide to sue Sony with MS. They all deserve it.
Zaxx, on 02 October 2019 - 12:00 AM, said:
Well yeah, nobody really knows anything about the situation, we all are mostly speculating there, but it's quite irrelevant, unless you want make a disclaimer I suppose.
This post has been edited by Sledgehammer: 02 October 2019 - 03:12 AM
#64 Posted 02 October 2019 - 03:56 AM
Sledgehammer, on 02 October 2019 - 03:11 AM, said:
Sure but if you read the complaint (and I assume you did because you're talking about it and that would be pretty weird to do without you know, reading it) it specifically says that Steam "knowingly distributed infringing copies" of World Tour and that's why they are in the complaint. The important part is "knowingly" meaning that Prince contacted them, shared the information he had and Valve didn't give a shit about it. If he didn't notify MS and Sony then there's no reason to include them and considering that Valve didn't give a shit it's likely that he simply didn't bother (and well, Bobby Prince is around 75-80 years old these days, fuck knows if he even knows about the console versions existing). Overall it's pretty negligable that Valve's in there honestly so even the angle you're getting at here is very confusing to me.
What matters to me when looking at this shit is the time it took for Prince to do anything about it really. The game's been out for almost three years at this point but Prince was already in talks with Randy since 2016 so just imagine all the bullshit this guy had to deal with to get to the point where his only option was a lawsuit. Now there is not much information available of Bobby Prince these days but what we know is that he has or in the last couple of years had some serious health problems, he received chemo and all that jazz so things seemed pretty grim for him. What I assume from this is that Randy and co. were buying time because they thought that the guy will just die eventually and the problem will just disappear.
So you know, fuck Randy.
#65 Posted 02 October 2019 - 04:25 AM
https://www.microsof...vot:overviewtab
https://store.playst...AGODA0000000000
This post has been edited by Sledgehammer: 02 October 2019 - 04:26 AM
#66 Posted 02 October 2019 - 04:34 AM
Zaxx, on 02 October 2019 - 12:12 AM, said:
And that's false. Identical means just that: it has to be IDENTICAL and none of the tracks in Doom fall into that category. Even at the parts that are very similar to other songs there is always a difference in chords / melody.
When you say they aren't identical, I think you are conflating sound bytes with music theory. The songs I posted clearly have portions that are identical in all 3 of those aspects. The verse and chorus are clearly the same song. Identical chords, melody, and rhythm still leave plenty of room for added noise. Just because it's MIDI and it sounds different doesn't mean these aspects can't match.
FYI that standard that I mentioned is simply my own criteria for determining music plagiarism. But I do wish that this was the standard in American law. Sure, it would be a difficult case to prove. It's supposed to be difficult. This is after all the country of "beyond a reasonable doubt". I know you're not a lawyer, so FYI the songs don't actually have to be identical, you just have to convince a jury that they are.
This post has been edited by Spitfire '15: 02 October 2019 - 04:51 AM
#67 Posted 02 October 2019 - 04:48 AM
Zaxx, on 02 October 2019 - 12:53 AM, said:
The opposite of this situation would be what happened with that Robin Thicke song a few years ago: that one was ruled as plagiarism by the court because even though it was different on paper it had the same vibe and partially the same instruments used as the original song.
The lesson though is that it's really fucking subjective overall because very similar stuff can co-exist independently from each other so you can't just go out and say that "oh, this sounds very similar to that other song so pay x amount of money to that other guy". That wouldn't be realistic especially when something breaks into the zeitgeist, affects everyone and then similar songs come out. The people who make those hit songs usually don't even bother because of that (+ also because they don't care, they already made all the money).
Plagiarism lawsuits on the basis of similar instrumentation should be dismissed entirely.
Zaxx, on 02 October 2019 - 01:04 AM, said:
I said in my first post that Bobby isn't wrong to sue. And I don't care about any Duke content Randy puts out. I have no issue with another lawsuit that puts the pressure on Randy. The problem is - and this was made clear with the recent Borderlands success - that Randy seems to survive every dart thrown at him. He's a real machiavellian game developer who's playing survival of the fittest.
This post has been edited by Spitfire '15: 02 October 2019 - 04:49 AM
#68 Posted 02 October 2019 - 04:59 AM
#71 Posted 02 October 2019 - 05:33 AM
Quote
is stupid because why on Earth would you want to take away even one element from millions of factors that can help in deciding something like that? Sure, you can distinguish stuff like notes being the same but who is the authority on telling how many notes can be identical in a sequence? You can't "measure" subjective shit, you can't separate stuff like the "atmoshpere" or the vibe of a song through some kind of legal fuckery. It's not an exact science at all, usually even the experts used in these cases (you know, the guys that actually decide these questions instead of a lawyer) can't say stuff for sure.
You want my legal opinion? Doom's OST is not plagiarism because no court said that it was. There, now fuck off, that was my professional legal opinion while my "normal person" opinion is that since the soundtrack clearly has its own identity it's clearly not plagiarized.
Quote
Yeah, that's what people without diplomas usually say.
This post has been edited by Zaxx: 02 October 2019 - 05:43 AM
#72 Posted 02 October 2019 - 06:22 AM
Zaxx, on 02 October 2019 - 05:33 AM, said:
A lawyer does not come to a conclusion. A jury comes to a conclusion. A lawyer presents a case.
Zaxx, on 02 October 2019 - 05:33 AM, said:
is stupid because why on Earth would you want to take away even one element from millions of factors that can help in deciding something like that?
Because an X genre rip-off of a song from Y genre is still a rip-off. But a songwriter who wrote a guitar solo can't sue someone else just because they also wrote a guitar solo.
Zaxx, on 02 October 2019 - 05:33 AM, said:
Right, and this is precisely the job of the prosecution and defense team. What I am advocating for is a consistent standard by which music plagiarism is judged.
Zaxx, on 02 October 2019 - 05:33 AM, said:
So OJ didn't murder his wife because the court didn't say so?
Zaxx, on 02 October 2019 - 05:33 AM, said:
Sorry, I know you usually get paid for offering your
Zaxx, on 02 October 2019 - 05:33 AM, said:
I have a Bachelor of Science in Computer Science from University of Michigan, Dearborn campus.
What was your major in undergrad? Where did you graduate from law?
#73 Posted 02 October 2019 - 06:59 AM
This post has been edited by Sledgehammer: 02 October 2019 - 07:00 AM
#74 Posted 02 October 2019 - 07:20 AM
Spitfire, on 02 October 2019 - 06:22 AM, said:
"Lawyer" is a general term used for everyone who practises law, what you meant to say was attorney. Yes, it is very annoying to correct the same mistakes people make over and over again.
And we don't have juries, that's that shitty thing you guys do in the US. That's why attorneys in court look like dudes doing Powerpoint presentations over there and that's why blatantly obvious mistakes like the OJ case happen.
This post has been edited by Zaxx: 02 October 2019 - 07:21 AM
#75 Posted 02 October 2019 - 08:27 AM
Sledgehammer, on 02 October 2019 - 06:59 AM, said:
It was good for credentialing and that's it. It landed me a sick job, but it didn't teach me high-level programming or how to pass a job interview. I learned that on my own. I try to be smart though and I didn't let myself graduate with debt (never took out a single loan), so all I really lost was my time. People who graduate with 6 figure student loan debt are the stupidest fvccing people on the planet.
Zaxx, on 02 October 2019 - 07:20 AM, said:
And we don't have juries, that's that shitty thing you guys do in the US. That's why attorneys in court look like dudes doing Powerpoint presentations over there and that's why blatantly obvious mistakes like the OJ case happen.
Here in America, consensus is required to put someone behind bars for 25+ years. Sure, sometimes mistakes happen, but at least this weeds out ideologically motivated convictions. Judges who act as jury and executioner is how you get political hit jobs like Tommy Robinson and Alfie Evans over there in Europe.
I ask you again Zax, where did you graduate from law school? Mikko Sandt Online College?
#76 Posted 02 October 2019 - 08:49 AM
NightFright, on 02 October 2019 - 12:06 AM, said:
No, if they do that I will DELETE my copy of WT from my Steam account...uh, is that a good idea to say that...?
(At least I still have GOG and Megaton Edition...too bad the AWO episode would be collateral damage. )
This post has been edited by Player Lin: 02 October 2019 - 08:51 AM
#77 Posted 02 October 2019 - 09:50 AM
Spitfire, on 02 October 2019 - 08:27 AM, said:
You can ask again because I'm not telling you. You believe what you want, I don't care, the range of personal information I'm willing to share doesn't include my uni.
#80 Posted 02 October 2019 - 08:11 PM
There is this misconception about lawyers anyway, this "you're a lawyer so you should know about all the legal stuff" thing. That's not true, you're only amazing at the stuff you deal with while doing your job because there are a lot of different subjects and you simply can't be on the professional level in every single one of them. You wouldn't ask a dentist to do the job of a proctologist even though both of them are doctors, no?
This post has been edited by Zaxx: 02 October 2019 - 08:40 PM
#81 Posted 02 October 2019 - 08:18 PM
#82 Posted 02 October 2019 - 08:27 PM
#83 Posted 04 October 2019 - 12:02 PM
#84 Posted 04 October 2019 - 07:20 PM
This post has been edited by Spitfire '15: 04 October 2019 - 08:54 PM
#85 Posted 11 January 2020 - 02:24 PM
HorseDongSub69, on 04 October 2019 - 12:02 PM, said:
Woohoo!
I'm only half an idiot.
Have we heard any updates on this bullshit lately?
#86 Posted 11 January 2020 - 03:22 PM
#87 Posted 11 January 2020 - 04:47 PM
#88 Posted 13 January 2020 - 05:15 PM
Radar 100 Watts, on 11 January 2020 - 03:22 PM, said:
Waiting for that shit to be free nigga
#89 Posted 13 January 2020 - 07:21 PM
HorseDongSub69, on 13 January 2020 - 05:15 PM, said:
You know I actually super low-key agree with Bernie Sanders' debt forgiveness plan. That way federal students loans are obliterated the day that goes into effect, which has been a right-wing objective for years now.