You're just repeating the same tired excuses that have been shot down over and over again every time this gets brought up.
QUOTE (Titanhex @ May 12 2011, 01:16 AM)
It's also why big game company graphic rips are typically deemed okay for use by hobbyist game makers.
It is not deemed okay. A select few people act as if it's okay and others follow suit - it's just like the "law" that says you can download a ROM of a game and it's okay as long as you delete it within 24 hours. It's a falsehood invented to justify shameless theft.
It's understood that you do not own this work.
Then it's understood that you're stealing, which is not okay.
Rather you are imitating something you like
There's a distinct difference between imitation and theft. Imitation involves creating something yourself. Theft involves directly stealing.
It's why some Manga-Ka allow doujinshis too, which can sometimes result in profit outside the original creator.
Now you've hit on the key point. Some allow it. Some authors/artists specifically allow fanmade materials based on their works. However, if someone does not specifically allow derivative works, then that automatically means that the artist is NOT granting permission for their work to be used in that way!
Obviously exceptions exist - you could contact the artist and be granted permission. If permission is NOT explicitly given, it means that using the artist's work is directly defying their own wishes and disrespecting their hard work. That is the opposite of flattery.
If a company dislikes your use of their resources, you will be notified.
No, no, no. This is a terrible stance to take. You're saying that it's okay to do anything unethical as long as you're not caught. It's fine to cheat on your spouse as long as they never catch you, right? It's the same thing.
If a company likes people using their resources, they will explicitly say it's okay
as some companies do. If they don't, they don't. End of story.
By forcing people to stop using rips, and go through filling out some sort of form or application to use other people's graphics you are stifling the creativity of the users.
So, what you're saying is, by forcing people to be creative, we're stifling creativity?
You can chew over theory for hours, but the reality is if you use something that doesn't belong to you and don't credit and find/receive permission for that work, you will either receive a C&D or you will be slandered for your actions, which will put an end to all your work.
So you agree that using resources that don't belong to you without permission is justification for shutting down your work. It seems that there's a lot of support in this thread for this idea. Perhaps it's one worth considering here.
In the end, the hobbyists win, and for a good reason. They aren't profiting from their work.
How does that follow at all from anything else you've said?
If they aren't claiming your work as their own, they aren't hurting you unless it can be directly linked to reducing your customer base.
Probably not, but it's still disrespecting your work and your rights as the creator. Or don't you think that an artist deserves the right to decide how their work gets used?
Ethical or not, legal or not, this is the system that does the least harm.
No, the system that does the least harm is the one in which theft is not condones.
If I stole music from a game RRR's Fat_Panda composed for and I steal music from a game Nubuo Uematsu composed for, who are you going to feel more sympathy for?
Probably Nobuo Uematsu considering he probably put a lot more time, effort, and money into his music. I feel sympathy for both of them for being ripped off.
What about if you knew neither person's name? What about if they received the same paycheck and lived in the same conditions?
None of that matters. Theft is theft regardless of who you're stealing from or how much money they make.
It's all about WHAT you're stealing. Indie games you're stealing a much much larger percentage of their paycheck, and a much much larger portion of their name.
Why does it matter? It's okay to steal as long as you're only
stealing X% revenue? What's the cutoff? How much money are you allowed to steal before it becomes theft?
That is why stealing from Indie games is much more taboo than commercial games.
The only reason it's "more taboo" is because more often than not, you're stealing from people in the same community who are going to call you out on it. Thieves don't care where their resources come from. They only care about covering their asses. This is just an excuse.
Stealing from a large corporation with graphic rips and music rips, they're probably not gonna miss that profit. Infact, them stomping out your no-profit hard-working hobbyist endeavors is likely to be deemed more unethical than you using their likeness.
TIL: Punishing theft is more unethical than theft itself