Legality issues Options

[Amy Pond]

Simple resolution:

Keep the RTP in your game, but don't actually include the graphics
Sell the game
Tell people to download the RTP

It is legal to sell your game, it's there in the license.
It's also legal for them to download the RTP to play your game, also there in the license.

[Pal88]

Also, just owning RM2k3 in English is illegal, let alone selling it.

Ah right, in that case then, I don't have it

[Brent Murray]

Why don't we just PRETEND that we aren't using Rmwhateverversion.2.0 and just include everything in one .exe file; I have already fooled some people at work over that, and even one person gave me $10 for something. ^^

[Pal88]

Why don't we just PRETEND that we aren't using Rmwhateverversion.2.0 and just include everything in one .exe file; I have already fooled some people at work over that, and even one person gave me $10 for something. ^^

Could probably still be able to tell what the game has been made with though, there ain't that many games that have made me not think it's made by rpg maker.

[Dark Gaia]

I'll sum it up quickly:

RPG Maker 2000 and 2003 cannot be sold unless you have actually bought the retail (Japanese) version. Even then, you can only sell games that use the RTP and/or resources you have made yourself.

RPG Makers XP and VX allow you (if you've purchased the full versions) to sell games using the RTP and/or your own resources.

Also, keep in mind that you can only use RTP graphics you've paid for. If you buy VX and don't own XP, you aren't allowed use of the RMXP RTP in your commercial game.

[Brent Murray]

Why don't we just PRETEND that we aren't using Rmwhateverversion.2.0 and just include everything in one .exe file; I have already fooled some people at work over that, and even one person gave me $10 for something. ^^

Could probably still be able to tell what the game has been made with though, there ain't that many games that have made me not think it's made by rpg maker.

Um...Monopolo, Sugar and Scuba Steve are pretty hard to tell WHAT is it is made in...

Fooled some people on GW thanks to that.

[Pandemikk]

Just because you "pretend" that your game wasn't made with Rm2k doesn't grant you legal rights. It is still very much possible to find out what you made your game with.

Not to mention if you were to "pretend" you didn't sell your Rm2k game in a court of law that would be perjury. Highly unlikely, but highly relevant to this discussion.

[Brent Murray]

I think selling it to friends and family for $10 a pop is okay, but if I had to sell my games on a website or something then I would be in some trouble.

Also, what is the legal actions that a company can take if they see a product of their own mereit posted for free on a website without their premission? (Monopolo / Scuba Steve) Can the company fine or sue the creator for not authorizing them? Because I think I heard a story about this awhile back...

[Puck]

Enterbain games are not allowed to be publicly sold at any given time, they can be shared, downloaded, and uploaded, however cannot be advertised. Hope that helped smile.gif

It doesn't help, just because you type it in bold doesn't make it true. People's threads on this website advertise their games, they wouldn't be allowed by that standard.

If you buy a copy of RPG Maker XP or RPG Maker VX the license for the RTP resources come as well. This means you can legally sell your game using RTP resources.

Assuming you've payed for XP/VX legally you can sell games using either the RTP.

I'm sure this isn't right. I seeked out the contract with Enterbrain that you enter into.

License
ENTERBRAIN grants to Licensee a non-exclusive, non-assignable, fee-free license to use the RTP SOFTWARE only for the purpose to play the GAME created and distributed by RPG MAKER VX users who shall complete the registration procedure.

Restriction
Licensee shall not reverse engineer, de-compile, or disassemble the RTP SOFTWARE. Further, Licensee shall not sell, distribute, assign, lease, sublicense, encumber, or otherwise transfer the RTP SOFTWARE and/or its data without any prior written consent of ENTERBRAIN.

This seems to suggest that you cannot sell or distribute the RTP, which, if selling a game, you would be doing.

Also, just owning RM2k3 in English is illegal, let alone selling it.

I see... Well glad that there are people that know these things keeping people from getting in trouble. I doubt i can make anything worth selling anyways and i'm happy with a career in freeware game making. I mean considering i'm a highschool drop-out i can't expect much lol...

[Pandemikk]

I think selling it to friends and family for $10 a pop is okay, but if I had to sell my games on a website or something then I would be in some trouble.

Also, what is the legal actions that a company can take if they see a product of their own mereit posted for free on a website without their premission? (Monopolo / Scuba Steve) Can the company fine or sue the creator for not authorizing them? Because I think I heard a story about this awhile back...

Well, they can sue you for copyright infringement. That's not pretty.

[Rob_Riv]

I see... Well glad that there are people that know these things keeping people from getting in trouble. I doubt i can make anything worth selling anyways and i'm happy with a career in freeware game making. I mean considering i'm a highschool drop-out i can't expect much lol...

Heh, thanks.

RPG Makers XP and VX allow you (if you've purchased the full versions) to sell games using the RTP and/or your own resources.

As already stated, this isn't the case. The contract states that the licence is "only for the purpose to play the GAME created and distributed". However, it then states, that you should not "sell ... or otherwise transfer the RTP SOFTWARE and/or its data". You would be doing this by selling a game.

Regardless, you shouldn't sell a game just using the RTP anyway, you should be using your own resources. Also, Enterbrain would never care, even if they did, they've nothing to gain from a lawsuit that they might not win. Simply, it doesn't explicitly state that you are allowed, thus, you're not allowed.

I think selling it to friends and family for $10 a pop is okay, but if I had to sell my games on a website or something then I would be in some trouble.

Also, what is the legal actions that a company can take if they see a product of their own mereit posted for free on a website without their premission? (Monopolo / Scuba Steve) Can the company fine or sue the creator for not authorizing them? Because I think I heard a story about this awhile back...

Firstly, that's not okay. Secondly, I'm not exactly sure what you're asking, but as long as your game isn't just a hugely popular clone, companies will hardly care.

[amaranth]

Enterbain games are not allowed to be publicly sold at any given time, they can be shared, downloaded, and uploaded, however cannot be advertised. Hope that helped

This is incorrect. You CAN sell your game. Enterbrain has a very lenient license policy. To sell your game, you must follow these rules:

1) You must own a legal copy of RPG Maker XP, VX, or Indie Game Maker or the game editor that you are using to create your game. You cannot sell a game if it was made in RPG Maker 2003 or earlier.

2) If you purchase RPG Maker VX, RPG Maker XP, Indie Game Maker, or another Enterbrain game creation kit, you are allowed to use the RTP for these tools in any game creation kit made by Enterbrain. (For example, if you buy Indie Game Maker, you can use the Indie Game Maker RTP in your RPG Maker project).

3) You cannot use ANY ripped resources from commercial games in your game (unless the company who made the resources gives you permission to use them). If you use non-RTP resources, you must get permission from the person who made the resources. So, if you see a nice set of faces that someone posts on this site, you must get permission to use these faces from the person who made them.

4) You cannot sell a game based on a commercial series. If you try to sell a fan fic game called Zelda: The Final Light, be prepared to get sued.

When you decide to sell your game, you must get a business license wherever you live, cause you'll have to pay taxes to your govt on any sales.

[b]As already stated, this isn't the case. The contract states that the licence is "only for the purpose to play the GAME created and distributed". However, it then states, that you should not "sell ... or otherwise transfer the RTP SOFTWARE and/or its data". You would be doing this by selling a game.

This is not true. You CAN sell a game that contains RTP. You cannot take RTP and attempt to sell it by itself. So, for example, if you put 001-Battle01.mid on your website and told people that they could buy this midi from you for $5, you could get in big trouble with Enterbrain. If you use this midi in your game and sell your game, you will not anger Enterbrain.

This post has been edited by amaranth: Jan 18 2010, 04:24 PM

[Brent Murray]

I think selling it to friends and family for $10 a pop is okay, but if I had to sell my games on a website or something then I would be in some trouble.

Also, what is the legal actions that a company can take if they see a product of their own mereit posted for free on a website without their premission? (Monopolo / Scuba Steve) Can the company fine or sue the creator for not authorizing them? Because I think I heard a story about this awhile back...

Well, they can sue you for copyright infringement. That's not pretty.

Heh...in reality I don't think Parker Jerks / Basbro doesn't give a shit about Monopolo, or anything else to do with the series since there are SOOOO many Monopoly's out there in the world, one game is not going to make a difference.

As for Scuba DUDE, since 98% of the game's material come from me, there is no way they can do anything to me. Think about this, and I had a discussion about this sometime ago, but if I took out Donna, Digger, and the Art Asylum / Diamond Select Toys logos, it would be my own game. Scuba Steve isn't copywrighted based on a couple of names. There is no patent on names, just the product.

And in 14+ years besides the doll, there has not been anything released from their side.

Also, I may not release to the Internet public; it might be only going to go to my closest friends.

(As for the $10 Monopolo price, I made $80 off that game! Hehehehe)

[Pal88]

as long as your game isn't just a hugely popular clone, companies will hardly care.

What do you reckon the chances are of being able to contact the company via email and getting them to give you permission to use their graphics and make one of there games the way you want it to be and then publish it for free?

[Pandemikk]

I think selling it to friends and family for $10 a pop is okay, but if I had to sell my games on a website or something then I would be in some trouble.

Also, what is the legal actions that a company can take if they see a product of their own mereit posted for free on a website without their premission? (Monopolo / Scuba Steve) Can the company fine or sue the creator for not authorizing them? Because I think I heard a story about this awhile back...

Well, they can sue you for copyright infringement. That's not pretty.

Heh...in reality I don't think Parker Jerks / Basbro doesn't give a shit about Monopolo, or anything else to do with the series since there are SOOOO many Monopoly's out there in the world, one game is not going to make a difference.

As for Scuba DUDE, since 98% of the game's material come from me, there is no way they can do anything to me. Think about this, and I had a discussion about this sometime ago, but if I took out Donna, Digger, and the Art Asylum / Diamond Select Toys logos, it would be my own game. Scuba Steve isn't copywrighted based on a couple of names. There is no patent on names, just the product.

And in 14+ years besides the doll, there has not been anything released from their side.

Also, I may not release to the Internet public; it might be only going to go to my closest friends.

(As for the $10 Monopolo price, I made $80 off that game! Hehehehe)

You asked me what they could do, not the probability of it.

[Shadonn]

While the thought of selling a game made by you does sound appealing it also seems kinda far out there. To get your game know your going to need to advertise. No one is going to pay 10, 20, or even 30 bucks for some random game they found on a site. So whats really the point in it? I use RPG Maker as an "outlet" for my creativity. I love to write and hope to one day have a book published. The game maker simply serves as a testing ground for me. I get to see how things will play out and then I can get constructive criticism from you guys about it. Two making a video game has always been a fantasy of mine(and pretty much everyone else). Not to make money but to simply be the one who decides what words are in that text box your looking at or the fight your in. As for contacting the companies who made the sprites you ripped I seriously doubt you'd get in touch with them. And if you did I gurantee they'd say no.

[Kain_Omen]

I believe the online, commerical MMORPG that people were referring to was Gods of Time.

It's free to play, but has additional features and such you can pay to receive. Yeah, the graphics are all RTP, but the battle/inventory system is custom.

[Rob_Riv]

This is not true. You CAN sell a game that contains RTP. You cannot take RTP and attempt to sell it by itself. So, for example, if you put 001-Battle01.mid on your website and told people that they could buy this midi from you for $5, you could get in big trouble with Enterbrain. If you use this midi in your game and sell your game, you will not anger Enterbrain.

No-one will anger them at all anyway, but "you cannot take RTP and attempt to sell it by itself." is not stated and you cannot infer that from the contract. Selling a game is still selling the RTP. The contract states that the RTP cannot be sold, exceptions for "whether or not it's part of a game" are not stated, and thus, is not allowed.

Big Trouble? If it did mean specifically what you said, you could get around that rule easily, you create a game with the default map of blue ocean, with nothing done to it and include the RTP and then sell it.

What do you reckon the chances are of being able to contact the company via email and getting them to give you permission to use their graphics and make one of there games the way you want it to be and then publish it for free?

Practically zero.

[Pandemikk]

http://www.gamefaqs.com/boards/detail.php?...ssage=521102318

"3.3) Custom content/distribution
You can freely distribute rmxp games that you've made for profit if you wish, provided your game meets certain circumstances. Don't include ripped (taken from other games) resources, as they essentially copyrighted material, and that includes music made in tandem with the actual piece. The RTP is fine, as is original material. Don't expect to sell it for much, though, unless you've done a stellar job.
"
Of course you can always take your uncited word over his uncited words.

[Brent Murray]

There is another way to make money off your games without ACTUALLY selling them! And that is to make a website, posts some information / download links, hook up adsense and place them in nice little spots, get popular, and soon enough...you will get your fair share.

But selling it for $10 a copy, that is the way to go. ^__^