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Old 25 January 2015, 01:04   #101
ElectroBlaster
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Smerfs are SHIT!

I did my bit though... already grabbed things for future generations lol

Sad old world we live in now I guess!
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Old 25 January 2015, 02:46   #102
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I just got sued by Moses for making a game about leaving Egypt. They demanded 30 pieces of silver!
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Old 25 January 2015, 08:27   #103
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Yeah, lesson is always use original assets or have permission to use in any production. It happens way too much in this day and age and it is quite disrespectful at the very least.
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Old 25 January 2015, 17:19   #104
Mrs Beanbag
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I just got sued by Moses for making a game about leaving Egypt. They demanded 30 pieces of silver!
the makers of Egyptian Run [ Show youtube player ] should sue the "makers" of Centron 3D
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Old 25 January 2015, 23:17   #105
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I think the problem you had with the Smurfs copyright holders is that you didn't ask for permission.

Why not get permission to use a franchise in your games? Then you won't have any problems.

If they won't give you permission, then maybe you should come up with your own characters.

Reading your posts, I don't like the sound of your attitude, Hippoonios.

You sound to me like you make your own bad luck. I think they were right to sue. Who'd want to deal with a foul mouthed 'blame the world instead' type of guy like you?

I wouldn't.

'lamer' indeed. Pathetic.
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Old 25 January 2015, 23:47   #106
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I think the problem you had with the Smurfs copyright holders is that you didn't ask for permission.

Why not get permission to use a franchise in your games? Then you won't have any problems.

If they won't give you permission, then maybe you should come up with your own characters.

Reading your posts, I don't like the sound of your attitude, Hippoonios.

You sound to me like you make your own bad luck. I think they were right to sue. Who'd want to deal with a foul mouthed 'blame the world instead' type of guy like you?

I wouldn't.

'lamer' indeed. Pathetic.
I really hope that this is your atempt at 'humour' and that I've just missed it.
You realise that this is a game, made for fun and distributed freely right?
On a computer that (sadly) pretty much died out 20 years ago?
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Old 25 January 2015, 23:58   #107
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I'm just saying that he should have asked permission.

Also, if his character seemed reasonable and inoffensive then he'd be in a better position to be reasoned with by the company.

Using remarks like 'lamer', 'shitty game' and 'crappy' isn't going to help him one bit.

Last edited by colourwheel64; 26 January 2015 at 00:13.
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Old 26 January 2015, 00:27   #108
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to be honest, i don't think that the fact it was made only for fun and distributed for free is really an excuse to use someone else's IP. Maybe we might think that because the Smurfs are hugely popular and made a lot of money for a big company that we can kick them in the shins, i know my own character has had a cameo in a couple of other games, that's one thing, but if someone else actually made a Mr Beanbag game or cartoon or TV series without asking me i would be very upset, whatever their reasons were for it. They're not entitled. And we have seen so much of this sort of thing lately, i was just wondering when the first letter from lawyers was going to appear.

But really, these lawyers - they haven't "sued" yet as far as i can tell, there isn't any legal action (because then you'd get a letter from a court) just a cease and desist including a demand for money... i don't think they are following the proper procedure for such things and i don't think it is reasonable for them to demand such a large sum first, before allowing a reply to the accusations. Two wrongs don't make a right, really.
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Old 26 January 2015, 01:34   #109
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I agree that it's reasonable to expect someone to obtain permission before using your character. It's what we were all taught in school to do, and it's good manners. Plus, how else will you know the terms in which you may use said property?

I think the sum of money is making an example of Hipoonios to put off other people from doing the same thing, and I still stand by the opinion that if he made himself more approachable then he might have only received a slap on the wrist.

Yet another consideration is the quality of the product. It's just never going to generate any money or increase the Smurfs reputation in any way. Even for the Amiga, the game is terribad. If it generated any interest then Hipoonios might've been able to strike a deal, but since he's the only one benefitting, what's the point?

Imagine the embarrassment if people thought it was an official release!

It's also worth mentioning that this isn't some 13 year old kid in his bedroom. It's a 36 year old that should really know better.

All this of course, it's free marketing for Hipoonios. As a result of this action from the Smurf's owners, there are going to be people that want to play his game that wouldn't have before.

My advice to him would be to meet this crowd head on and make something worth playing.

Last edited by colourwheel64; 26 January 2015 at 01:47.
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Old 26 January 2015, 01:52   #110
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This is awful but sadly to be expected. The Smurfs IP is something they are milking the cash cow of still today with the movies and whatnot, and I am sorry it happened to you hipoonios and that this has pushed you to not wanting to work on Amiga stuff anymore.

This is just another example of how fucked up things are with assholes who own IPs like this throwing lawsuits left and right. As an opposite, we have the positive example of Nintendo who only recently has said that they would allow fans to create fan projects using their characters, names and IP. This is a great precedent but I see very few companies following their steps.

I mean, what the FUCK can Peyo do with 2000 euros, when they make a shit ton of money with the movies and whatnot? This is just insulting, going after a small guy and trying to con money out of them. Pathetic and disgusting. My guess is, too, that this is actually the law firm at work, trying to justify the hefty monthly sum Peyo must pay them by going for the throat of every little bitty bullshit they found online mentioning the Smurfs or whatever. Highly doubt Peyo took notice of your game or actually gives much of a shit, but they also can't let one through or they set precedence that they let one through and that doesn't help them for further, probably more valuable lawsuits.

I recommend you now to stop posting about this online, it can only play against you, and get some good lawyer who might be able to work on contingency and help you settle this out on your favor. Hopefully you have good news for us soon enough. I agree with Mrs. Beanbag that this is unorthodox and you shouldn't pay before getting legal counseling. This looks like a settlement but you didn't even meet them. As she says, a sue comes followed by a letter from a court. Don't pay unless a lawyer tells you to.
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Old 26 January 2015, 02:00   #111
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...but you think his attitude is fine.

Well, you can only take a horse to water.

I'm through with this thread.
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Old 26 January 2015, 03:28   #112
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i agree. It would happen to me, i will never pay anything. Lawyer first, check the situation and we'll see.

Only scammers ask for money this way. this is not the legal way of doing things.
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Old 26 January 2015, 12:43   #113
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...but you think his attitude is fine.

Well, you can only take a horse to water.

I'm through with this thread.
Your attitude hasn't exactly been a beacon of excellence has it chap?

You've only just joined the site, and all of your posts bar one are in this thread.

Probably a wise idea for you to stay out of the thread, as a new member, you've got some work to do on your image.

The old saying "if you haven't got anything nice to say......." seems awfully prescient right now
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Old 26 January 2015, 13:12   #114
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I cant help thinking this guy might be from the company.
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Old 26 January 2015, 14:15   #115
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This guy worked for free, for that Peyo company! Making a game about stupid smurfs, without charging them any cent, and without getting any cent in other ways, advertising their products in other platforms. I wouldn't pay a cent, no lawyers need to be involved.
They need to complain legally in the country were that guy lives. That costs money. They need to have associates, if not, they have to do it themselves. I think it's a scam, or something to scare the guy. I do understand that companies need to protect themselves, but in this case, no one was making money with their products. In fact they are the only ones that benefict from this.
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Old 26 January 2015, 14:18   #116
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Whilst I agree that they over-reacted, I think saying that they benefit from it is going a bit too far.
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Old 26 January 2015, 14:18   #117
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@Galahad

I'm sorry for how I came across earlier, and I'm sorry that I announced that, "I'm through with this thread." I didn't mean it. Its just a shame when people ignore good advice and car-crash anyway.

If Hipoonios made himself more approachable then studio Preyo would be more likely to work with him. Swearing and hot-headedness is not going to help him.

Maybe if Hipoonios began with a letter of apology, and also sought advice from a law centre.

There's no getting away from the fact that he infringed copyright and has now made it a public spectacle.

@Hewitson

TBH if I was from the company then I'd be delighted that Hipoonios has presented himself as aggressive and immature. There'd be no deal. just drag him through the court and leave him out to dry for all to see.

If he'd just change his attitude.

If he described his game as 'fun to create' and 'educational' instead of 'shitty' and 'crappy'.
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Old 26 January 2015, 14:20   #118
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Well it's his game, he can describe it how he wants. Don't understand why you have a problem with that.
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Old 26 January 2015, 14:24   #119
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Well it's his game, he can describe it how he wants. Don't understand why you have a problem with that.
Well, let's not get carried away. It was created using backbone, which only makes one type of game.

I mean, the creative part of Backbone is providing your own characters and enemies, which in this case are smurfs, which he ripped without permission.

It isn't fair to say that Hipoonios owns any part of Smurfs rescue really, except maybe the 5mins it took to piece it all together.

For those that don't know, this is backbone.
[ Show youtube player ]

(Not to be confused with backbone.js)

Quote:
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This guy worked for free, for that Peyo company!
lol

People think Hipoonios is a 13 year old kid for comments like this.

He's a 36 year old adult.

You can't make things using other people's intellectual property and expect them to be grateful.

You absolutely must ask for permission for you release anything that uses a brand that doesn't belong to you.

Last edited by TCD; 26 January 2015 at 15:38. Reason: Back-to-back posts merged.
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Old 26 January 2015, 14:36   #120
Mrs Beanbag
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If Hipoonios made himself more approachable then studio Preyo would be more likely to work with him. Swearing and hot-headedness is not going to help him.
I don't think they would work with him under any conditions after he violated their IP, but if he is to respond to them he needs to keep a cool head in any case. But the Studio's first move essentially amounts to intimidation. I think they probably do this sort of thing in unimportant cases that they don't really care about, because it's not worth properly following up but someone might just pay them anyway to avoid any trouble. It's a little underhand but if you throw the gauntlet down then maybe they will pick it up, and then there will be trouble and you will lose. It will probably cost them more than they could get back in the end but they can afford it.

HIpoonios please don't stop making things for the Amiga. Just change the graphics and put it back up with a different title.
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