Regarding New Releases, Template Use, Ethics, Scams, Stealing Art, Developer, Publishers, etc.

AppFueled

Just the other day, a member of the community released a game of almost the exact template they purchased. When the member announced the game, they took a lot of heat for it. I can understand why there might be a little bit of heat, after all, there have been some instances of people stealing artwork from games and templates. While there have been instances of artwork and games being ripped off, I felt the urge to respond to this case because it is actually unique.

To get you up to speed, a member by the name of Beastyfurkan, released a game using Deep Blue Apps "Moto X" template. It didn't appear that this member changed any of the artwork except for the color of "player 1 and the motorcycle". Because of it, some members jumped on his back, accused him of stealing artwork, calling his actions unethical, etc.

Technically, Beastyfurkan didn't do anything wrong as far as stealing artwork goes. Depending on the template from Deep Blue Apps, you can use the art and sound as you wish. The Moto X template is an example of that. When you buy a template/game and are able to use it how you wish - including the art/sound, you essentially own the rights. Beastyfurkan took the template, added new levels, and changed the color of player 1. Maybe he didn't put a whole lot of work into it, but he didn't do anything wrong on that front, because he has rights to the artwork and sound.

I know there are a bunch of developers out there, so called "purists," who are falling out of their chairs now. I know we put a lot of pride into our original work but the but the bottom line is, if you have the rights to artwork and sound, add maybe a few levels, you got yourself a game and you can release it. It doesn't have to be original or your own as long as you have the rights.

Now, with that said, there is something that I wouldn't do.

I wouldn't announce the game on a forum of game developers and claim that "I Made It."

With that said, personally, I wouldn't post the game on the forum period. I would realize that most of the developers on here wouldn't be interested in seeing the popular Moto template - by a popular developer (Utopian Games) - as a released game. The bottom line is, a lot of us have already seen the template so it's not really new. Unless it was changed in a way that offered something new. Now if the publisher isn't aware of this, the publisher should stick around for a minute or two and get familiarized with the community first.

I wanted to respond to this because there is a big difference between scammers and people who are actually being legit. There have been some instances where people have scammed artwork, games, or even templates where they didn't own the rights to artwork or sound. Those acts are not right and should be condemned.

Hapiapps

Amen

EatingMyHat

@8BitGrenade While I agree with you that @Beastyfurkan did not have any foul intentions and did a newbie mistake (and in that spirit I also commented on his post), but allow me to disagree with your analogies and examples.

1. Yes, based on the terms of the template he is allowed to do whatever he wants with it (with the exception of resell)
2. Posting it here as his, is a misrepresentation as unethical from my prospective (also, the player was not changed, only added green color to the actor)
3. Templates are not public domain, and even public domain have rules. Yes, you can publish "On the Road" as many times as you like, but you can not publish "On the Road" by 8BitGrenade.
4. Fallout is published under a license which gives them specific publishing rights within clear legal definitions. Companies don't publish Fallout games just because they feel like it or they bought the Fallout template.
5. When buying the template, Beastyfurkan was not never given permission to act as publisher on behalf anyone, he bought a piece of code with some art. Templates are not games looking for a publisher.

In short, yes he is not breaking any rules by doing what he did and yes it is considered unethical to buy something pre-made and sell it as an original creation.

Cheers,
GR

AppFueled

This is in response to some of your points.

2. He did not break any rules. He made a game out of a template where he has rights to 100% of the artwork and sound. If he ONLY wants to change the color of the player, so be it. I have contacted Deep Blue Apps regarding this. He stated and I paraphrase, "use the art and sound however you like."

3. I was using public domain as an example and I understand that the public domain has rules.

With that said, all templates have rules. It all depends on who makes the template and what template it is. In this case, you have the rights to use the template to make it into a game and use the artwork and sound however you wish. This member took the template, built some levels, changed the color of the player and released it. The bottom line is, he followed all the rules.

In regards to "On the Road" by Jack Kerouac. Of course you can't release it as "On the Road" by 8 Bit Grenade. But, if you own the rights or it's public domain, you can publish it: "On the Road" by Jack Kerouac PUBLISHED BY 8 Bit Grenade.

4. In regards to the Fallout example. Every one of the companies I listed had the rights to distribute those game. I did not say that those companies do it illegally or just because they feel like it.

With that said, I know, not the best example.

AppFueled

BTW, GR -

Thanks for your post and feedback. I realize I wasn't getting my points across with the "Fallout" and "On the Road" example so I took it out of my original post. I was trying to make get a point across that stuff gets recycled all the time but it's confusing when comparing oranges and apples.

The_Gamesalad_Guru

I take offence to the purist statement. When you buy or Contract, art, sound,code and you don't do much of anything and then think you're a game developer so you can brag, you're fooling yourself. Man get some dignity! That's like working on an assembly line at Ford and saying your an auto mechanic. His reward will be crappy sales as you need original games to pierce the flooded app market. Templates can't replace talent and talented creative types develop the groundbreaking ideas first. I imagine the usual suspects will be posting next. @eatingmyhat I got your back.

AppFueled

Don't take offense to the purist statement. It is what it is. We may not like it but it doesn't mean he's wrong considering he has the rights...

The_Gamesalad_Guru

Okay so define game developer for me?