melbella
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Trouble-shooting Space Diva
Games: Mass Effect Trilogy, Dragon Age: Origins, Dragon Age 2, Dragon Age Inquisition, KOTOR, Baldur's Gate, Neverwinter Nights, Jade Empire, Mass Effect Andromeda, Mass Effect Legendary Edition
Origin: melbella
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Post by melbella on Oct 1, 2017 2:11:50 GMT
Ouchie
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Hrungr
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Post by Hrungr on Oct 1, 2017 2:24:45 GMT
Ouchie I've noticed there's a lot of BioWare merchandise for sale out here from what appear to be fans & small vendors. Even sales at Cons that BioWare attends, and always wondered how that worked. Are any of the small vendors licensed, or does BioWare simply turn a blind eye to the bulk of it?
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Post by PapaCharlie9 on Oct 1, 2017 2:28:21 GMT
KB Bradshaw @realkbbradshaw dorianartbook.tumblr.com @patrickweekes this book could use support and you might want a copy for 'work' purposes. Patrick Weekes @patrickweekes Okay, buckle up. This is going to be super uncomfortable for both of us. First off, these charities sound FANTASTIC, and I wholeheartedly applaud your goal of raising money for them. However, unless I've misread here, you don't actually have a license to use Dragon Age stuff. Generally speaking, and I'm not BizDev, so I don't know all the rules here, but GENERALLY, we turn a blind eye to small things like fan art. But you specifically drawing my attention to it makes it hard to deny that I notice you trying to make money without licensing our stuff. And because you're not going through actual channels, I don't have any proof that the money you raise IS actually going to those charities. So please, please please, keep helping charities, but don't put me in a position where I am legally obligated to tell BizDev about you. Because then they HAVE to send you a C&D, even though, again, the work you're doing here sounds wonderful. If they don't, then if some asshole does this for their personal gain and we try to stop them, they have a case that we didn't enforce. So again, please, don't put devs in that position. Thanks. Interesting choice -- by PW, I mean. I can't decide if he's just being really dumb and is setting himself up for an angry note from EA's Legal department (usual policy is to not deal with actionable situations in social media, or even in email, since email is discoverable), or if he's being very clever and is using the podium of his personal social media account to give the contributing artists some cover. Or at least a carefully worded warning, that if written plainly, would read, "HEY YOU DUMB FUCKS! Piracy is not a victimless crime and now you are forcing me to out all 39 of you to my company's lawyers, which is pretty ironic given that the charities you are trying to support are LGBTQ+! And good intentions have never stopped a pitbull litigator, so stfu and leave me out of it!" O, tumblr. If only attribution was an ingrained cultural norm for your site ... things like this would never happen.
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Post by thats1evildude on Oct 1, 2017 5:26:43 GMT
Ouchie I've noticed there's a lot of BioWare merchandise for sale out here from what appear to be fans & small vendors. Even sales at Cons that BioWare attends, and always wondered how that worked. Are any of the small vendors licensed, or does BioWare simply turn a blind eye to the bulk of it? Here’s the rule with fan art, fan fiction and other fan creations: it’s all illegal. You might be able to argue for fair use depending on your country’s copyright law; the U.S. has some generous provisions regarding parodies. But generally speaking, that’s a legal fight you don’t want to get into. That said, most creators turn a blind eye to fan creations provided no one is making a major profit. You have a lot to lose from warring on your own fandom, both in legal fees and reputation. In this case, the fan has broken that unspoken pact: don’t sell your fan stuff for money, and if you, don’t bring the creator’s attention to it. Now they’re probably getting a cease and desist.
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Post by Nightscrawl on Oct 1, 2017 7:21:05 GMT
O, tumblr. If only attribution was an ingrained cultural norm for your site ... things like this would never happen. It has nothing to do with Tumblr; that just happens to be the avenue by which the artists have come together for this project. Whether they give credit doesn't matter in this case. They are using their fanart of a proprietary character to obtain money without obtaining the license to use said proprietary character. It doesn't matter that the money is going to a charity or charities. The Born Perfect campaign using Dorian fanart has been going on for a long while now. The devs have actually tweeted about it before. It was fine when they were just raising awareness and giving people links to donate on their own accord. This is something different. I have a Dorian t-shirt with a chibi Dorian fanart that is undoubtedly not 100% kosher in the legal department. There are also fanartists that sell prints of their own works using vendors like Cafe Press. But this is small potatoes and Bioware looks the other way, neither do these people put the developers on notice that they're doing it. The person made a mistake in tweeting PW about it. But I also don't understand PW's reasoning in deciding to respond to it, to acknowledge its existence, in the first place. [edit] I donated to the lowest tier for the pdf version. We'll see what happens by January when it's supposed to be released. There will either be legal action and hopefully I'll get my money back, or I'll actually get it. I couldn't not support this love of the character. And if it all works out, I'll get some pretty art.
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midnight tea
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Post by midnight tea on Oct 1, 2017 7:34:28 GMT
Ouchie I've noticed there's a lot of BioWare merchandise for sale out here from what appear to be fans & small vendors. Even sales at Cons that BioWare attends, and always wondered how that worked. Are any of the small vendors licensed, or does BioWare simply turn a blind eye to the bulk of it? None of it is legal, so yes - they generally turn a blind eye, so long as someone is not making significant money out of it, or the above. Fair use doesn't work in regard of fanwork - it's not commented on like in case of review or satire, nor transformative enough. And since we're at it: Let's Plays are also dependent on goodwill of game developers. So it's a really grey area and I don't think anyone wants to touch it - but best if people didn't easily forget that they're treading dangerous ground whenever they want to make some profit out of their fanwork. Bioware is actually pretty lenient even compared to others, given that we know they've seen people selling merch with their intellectual property on and some even buy it, but it's easy to strain that informal arrangement if someone asks them to endorse stuff like the above.
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Post by midnight tea on Oct 1, 2017 7:38:17 GMT
The person made a mistake in tweeting PW about it. But I also don't understand PW's reasoning in deciding to respond to it, to acknowledge its existence, in the first place. Probably a warning. People in general have very little idea or care when it comes of treatment of intellectual property on the Web (I know, I'm a graphic artist and had my stuff stolen) and they need a little reminder sometimes that there are certain lines that can't be crossed for things to stay as they are.
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Post by Nightscrawl on Oct 1, 2017 7:46:31 GMT
Probably a warning. People in general have very little idea or care when it comes of treatment of intellectual property on the Web (I know, I'm a graphic artist and had my stuff stolen) and they need a little reminder sometimes that there are certain lines that can't be crossed for things to stay as they were. Anne Rice is somewhat infamous for loathing fan works. While she is within her legal rights, it seems petty on her part. Fan works help to grow the fandom and increase sales of the original product. I'm sure David Gaider has no desire to read Dorian fanfic (even the non-sexy ones), but he at least does appreciate that it comes from a place of love from the fans.
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Post by midnight tea on Oct 1, 2017 7:55:07 GMT
Probably a warning. People in general have very little idea or care when it comes of treatment of intellectual property on the Web (I know, I'm a graphic artist and had my stuff stolen) and they need a little reminder sometimes that there are certain lines that can't be crossed for things to stay as they were. Anne Rice is somewhat infamous for loathing fan works. While she is within her legal rights, it seems petty on her part. Fan works help to grow the fandom and increase sales of the original product. I'm sure David Gaider has no desire to read Dorian fanfic (even the non-sexy ones), but he at least does appreciate that it comes from a place of love from the fans. I'm fairly sure Bioware (like many other companies) in general appreciates fanworks and knows that they keep the fanbase motivated and happy, if not act as informal way to advertise their product outside of it - which is why they don't intervene in most cases. But people can't forget that they can't expect them to endorse making money off it, even for charity, because it opens a legal Pandora's box that will ultimately hurt both sides. Copyright law is a mess, especially that we don't have a global basis for it.
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Post by phoray on Oct 1, 2017 12:18:16 GMT
Hmmm. If Bioware made Kingsize Blankets with Alistair on them, I'd buy it from them. But their merchandise department is pitiful so I happily buy all the things Bioware doesn't bother to make that depict Bioware stuff on them that I want.
Pa message of the day: Research your charities. Not only that they are actual charities, but also that they're any good with high percentages of the incomings actually going to the people/animals/things you want them to go. Some charities are just plain inefficient with high overhead and maybe only $1 of $10 donated get to the people/animals/things you want the money to reach.
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Post by arvaarad on Oct 1, 2017 13:49:43 GMT
Hmmm. If Bioware made Kingsize Blankets with Alistair on them, I'd buy it from them. But their merchandise department is pitiful so I happily buy all the things Bioware doesn't bother to make that depict Bioware stuff on them that I want. Yeah, that's why companies try to tolerate it as much as they can legally get away with. Unfortunately copyright acts on something like a "use it or lose it" policy. Imagine some asshole really abuses their copyright. To make up an extreme example, maybe they sell a game with Dragon Age cover art that turns out to be a crappy platformer. That kind of thing can confuse consumers and hurt the brand it's ripping off. But the asshole can point to previous situations and say "hey, Bioware has shown a pattern of copyright non-enforcement, so my shitty knockoff is totally legal!" And that makes it very hard for Bioware to get them to stop. That's why companies are forced to enforce their copyright, even when they don't really want to.
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Post by eskiya on Oct 1, 2017 14:32:40 GMT
I just feel bad for all parties now. PW/Bioware because now they have to act in a way that will cause fan backlash (because let's face it, people aren't going to look into the cause if a C&D is given), fans because they worked hard on this project and really support the cause, and the charities for missing out.
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Hrungr
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Post by Hrungr on Oct 1, 2017 16:22:25 GMT
uǝɥɔlodɐɯɐ @amapolchen#DragonAge Shooting Preview 😍 Photos by @pj_squirrel Part 2: 😍😍😍😍😍 Patrick Weekes @patrickweekes These are wonderful! [HASH]DAT (Delete the hashtag when quoting - thanks!)
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Post by ellawyn on Oct 1, 2017 16:22:48 GMT
Hmmm. If Bioware made Kingsize Blankets with Alistair on them, I'd buy it from them. But their merchandise department is pitiful so I happily buy all the things Bioware doesn't bother to make that depict Bioware stuff on them that I want. Same, really, and not just with the DA fandom. I'd love to buy merch that directly supports the product I'm buying merch of, but official stores often have awful selections. I mean, I appreciate that their offerings are generally more complex and durable than "t-shirt with fanart silk-screened on." But it's also severely limited.
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Post by PapaCharlie9 on Oct 1, 2017 17:54:50 GMT
O, tumblr. If only attribution was an ingrained cultural norm for your site ... things like this would never happen. It has nothing to do with Tumblr; that just happens to be the avenue by which the artists have come together for this project. Whether they give credit doesn't matter in this case. I agree with everything else you said, but I have to disagree a little with the above. I don't think it's just a coincidence that the 39 contributing artists all have Tumblr accounts. And giving credit does matter, because mindfulness of the purpose of attribution should lead to mindfulness about IP having value to the creator of the IP, which in turn should lead naturally to the habit of asking permission of the creator to make a derivative work. Conversely, willful ignorance of the importance of attribution is what leads to blatant rip-offs of other people's work with none the wiser. It's The Golden Rule. I don't want my stuff ripped off, so I won't rip-off yours.
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Post by PapaCharlie9 on Oct 1, 2017 18:07:57 GMT
I just feel bad for all parties now. PW/Bioware because now they have to act in a way that will cause fan backlash (because let's face it, people aren't going to look into the cause if a C&D is given), fans because they worked hard on this project and really support the cause, and the charities for missing out. This is my "PW is being clever" theory. By using his social network pulpit to out this whole situation before the lawyers can act, he might be leveraging the fandom against the paper pushers and bean counters in corporate. There's now a cost to issuing the C&D. Probably not enough to make a difference (spitting in the ocean kind of thing), but at least gets him out of a tricky situation without either side getting too mad at him. And there is a possible win-win solution -- EA/Bioware can grant permission to the artists retroactively. This also might be what PW is trying to maneuver things towards. He's opened the door to a possible magnanimous gesture on the part of corporate. Snowball's chance in hell, but stranger things have happend, and I can't think think of a third cliche to round things out with.
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Post by Nightscrawl on Oct 1, 2017 18:51:59 GMT
I agree with everything else you said, but I have to disagree a little with the above. I don't think it's just a coincidence that the 39 contributing artists all have Tumblr accounts Of course it's not a coincidence. But your initial statement made it seem like it was some Tumblr issue, when that isn't the case. I stand by my words that it is the avenue by which the project came together. Also, as I said, the Born Perfect campaign was already in place, with the artwork and all, and only served as a way to raise awareness. To my knowledge, it wasn't developed as an artbook project, but conceived after the success of the initial awareness campaign. Same, really, and not just with the DA fandom. I'd love to buy merch that directly supports the product I'm buying merch of, but official stores often have awful selections. I mean, I appreciate that their offerings are generally more complex and durable than "t-shirt with fanart silk-screened on." But it's also severely limited. They never restock certain items as well. I missed out on buying a Dorian print when they were available, so now I'll never been able to get one since they don't restock. They are missing out on those dollars from me. I've bought all of the ancillary materials, a mabari plushie, and an Inquisitor jacket. I would gladly spend more money if they had things I want. Also, y'know, since they have Bull's dragon tooth necklace, there is an opportunity to have Dorian's Pavus Birthright amulet as well. While there isn't an official in-game model, they can base it off the one on his romance card. I'd buy one of those, too.
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Post by phoray on Oct 2, 2017 0:30:27 GMT
I wanted a Dragon Age Wallet. All they had was a Leather Seeker Wallet (at the time I was looking). Which was a problem for me in two ways, because I'm vegan I don't buy leather but also... a Seeker wallet? really? (or, alternatively, the sign of the Inquisition) Not just a basic Dragon Age Dragon or the Warden Griffon. Probably because DAI was the most recent game. Now there is no Dragon Age Wallet on the Bioware website, there is just Andromeda Initiative. Also, the plastic figurine depictions of characters are not to my taste at all. Queen of Ferelden, Princess of Starkhaven, sexy Alistair or sexy Cullen, they are totally missing out on some fan lady monies here.
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Post by Andrew Waples on Oct 2, 2017 0:37:42 GMT
So, Patrick Weekes, Mark Darrah and Mike Laidlaw seem to be excited about something...but their not giving out any context so, it really could be about anything. I'd post the tweets, but I don't know how to do them in the way Hrungr wants them done. They seem like tweets that we have seen in the past regarding past teases and hints from other BioWare dev's, but I don't know.
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Post by Hrungr on Oct 2, 2017 0:39:51 GMT
So, Patrick Weekes, Mark Darrah and Mike Laidlaw seem to be excited about something...but their not giving out any context so, it really could be about anything. I'd post the tweets, but I don't know how to do them in the way Hrungr wants them done. I posted them briefly but took them down as Edmonton did just suffer a terrorist attack last night, so I wasn't sure if these worrisome tweets were about that.
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Post by Andrew Waples on Oct 2, 2017 0:47:09 GMT
So, Patrick Weekes, Mark Darrah and Mike Laidlaw seem to be excited about something...but their not giving out any context so, it really could be about anything. I'd post the tweets, but I don't know how to do them in the way Hrungr wants them done. I posted them briefly but took them down as Edmonton did just suffer a terrorist attack last night, so I wasn't sure if these worrisome tweets were about that. Okay...I saw that after the fact, but rather strange to be "excited" about a terrorist attack. So, you mean this tweet, right? Just to clarify.
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Post by blighted on Oct 2, 2017 0:48:30 GMT
I posted them briefly but took them down as Edmonton did just suffer a terrorist attack last night, so I wasn't sure if these worrisome tweets were about that. Okay...I saw that after the fact, but rather strange to be "excited" about a terrorist attack. So, you mean this tweet, right? Just to clarify. Not sure if they were entirely work related, but even then, I didn't read excitement from them Disappointment, maybe?
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Post by Hrungr on Oct 2, 2017 0:50:19 GMT
I posted them briefly but took them down as Edmonton did just suffer a terrorist attack last night, so I wasn't sure if these worrisome tweets were about that. Okay...I saw that after the fact, but rather strange to be "excited" about a terrorist attack. So, you mean this tweet, right? Just to clarify. Unfortunately that wasn't Mike being excited in a good way. He followed that up with this, and there were concerned tweets from Mark, Patrick and Seb.
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Post by Andrew Waples on Oct 2, 2017 1:01:02 GMT
Not sure if they were entirely work related, but even then, I didn't read excitement from them Disappointment, maybe? Well, I didn't have the context of the terrorist attack, but Mark's "everybody stay calm" gif got me confused and following it up by esstentially saying "I want to go to bed" gif. I've only seen that "stay calm" gif when people are excited about something. Which Led me to believe that it was work related, because I only saw DA people tweeting that stuff.
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Post by Hrungr on Oct 2, 2017 5:06:13 GMT
Patrick Weekes @patrickweekes Had a full week last week. Three different writers had content peer reviewed, which meant a TON of reading.
Peer reviews are based on @clarionwest critique sessions. You in a room, silently listening to all your peers tell you where you messed up.
It's humbling, exhausting, and frequently nerve wracking. But when you see team all working together to make something great, it's worth it.
Whether you're writing alone or part of a team, find folks who challenge you, whose opinions you respect. Find folks who make you better.
And when you find that group, celebrate it as the rare and wonderful thing it is.
Cori Nicole @genevrael It is so great.
[HASH]DAT (Delete the hashtag when quoting - thanks!)
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