Well took me ten [years] you guys but my video game is finally finished
Oh, oh, this is amazing
Finally, it's called Drumroll, please
Superb Barrio siblings [you] play as two Spanish electricians traveling through the truffle empire to rescue queen
nectarine from the Evil clutches of [King] Trouser
Oh yeah, an evil pants creature! any similarities to other game franchises are purely coincidental. I swear and it is going up on Gamejolt
right...
now
*FCC Police Sirens*
*Game Theory Theme Plays* (i'm too lazy to remember what it's actually called)
wow Mario just beat Sonic
*Game Theory Theme Plays* (i'm too lazy to remember what it's actually called)
Hello, internet welcome to game theory! (Play Supposition onscreen) where, let's face [it] the world just wasn't ready for [King] trouser truly
He was a video game villain before his time. You know when you really stop to think about it. The Internet's a fascinating place
We're a culture of memes and remixes taking old ideas and making them new again when Nintendo revealed the Alola
executor the internet lit up photoshopping
[it's] awkwardly Longneck onto everything from Mario's flagpole to Kylo ren's lightsaber [where] the land of the Rickroll and the more recent
Incarnation the John
Cena
Blast for crying out loud [a] single frame from the old animated arthur series is one of the hottest memes right now
Let me say that again a family friendly kids show airing on a publicly funded
Television station about a nerdy aardvark is now a meme about wanting to smack somebody up, FALCON PUNCH!
That said, when the internet chooses to me by something remix induce a nerd around it auto-tune it whatever
It's like a badge of honor a seal of approval
[you] struck a
Chord with [people] and in gaming one version of that is the fan game before the interwebs there was never a good place for people
to quickly and easily share their games with others
But with the advent of sites like Gamejolt services like steam greenlight and game creation tools like RPG maker
Producing your own games and sharing them with others is easier than ever before
[from] the early days of [fan-created] hacks like Kaizo Mario to the more recent
Explosion of snap and undertale spin-offs Tam's inspired by their favorite games are now empowered to learn game design by making Their own
Tributes and offshoots heck undertale itself has its origins as a fan game of earthbound and personally I love it over on Gt. Lives
we've been playing them all because [a] lot of these games are great and the love that the creators have for the
Franchises is obvious from the opening seconds well to me at least it's obvious to the original creators of the games
Maybe not so much you see just recently we've seen some major fan
Projects released a fan made Pokemon game called Pokemon uranium love the internet with well over a million downloads in the first nine days
before Nintendo struck down to put that in perspective
Numbers like that would put it in the top 40 Nintendo 3 yes games of all time
And that's in just a week luckily. I was one of those first million. It's another game. I'm playing on Gt. Live. [haha]
[bad] game
Similarly a fan recreation of Metroid 2 called a M2r or another Metroid 2 remake was literally gone overnight
Man Nintendo lawyers have been busy
It's not like the creators of these games are trying to make money or put these things out carelessly Pokemon uranium literally took [nine] years
In development and cost nothing to download so then why are these busy ceasing and desisting?
When all the rest of the snap clones and spin-ofFs like five nights at Candy's?
Those legs [Rachels] the joy of creation or the undertale inspired games like over tail
And mother tail allowed to stay off is it just because their creators are cooler because their indie or is there something else at work
What is a fan game truly a fan game? When is it safe after [digging] through Decade's worth of court cases?
I was shocked to learn that the answer to that very question has changed in some frightening ways
recently ways that could permanently change the face of
Gaming and online fan culture now the gaming on YouTube has gotten so big all the cool kids are talking about copyright and fair use
Everybody seems to give out advice about fair use these days like their miss cleo giving out dating [advice] in
1998 for 50 cents a minute of course
But this issue goes way farther back than fan games on YouTube
[it] goes back all the way to pong [that's] right
There was a copyright case over a game literally made of two lines and a dot back in 1976
But that one mostly had to do with the gaming hardware when it comes to deciding what?
Content you can copyright within the game that was largely decided by two really famous cases asteroids VS.
Meteors and Street Fighter VS.
Fighters history now if the game developer claims that someone has copied their game the court does what's called an extrinsic?
analysis of each game
And it's literally this they go through each game and make a list of what parts of the game are the same and which ones
are different see
This is the Mind-blowing legal authority of the United [States] here people
It is literally a spot the difference puzzle from third grade [um]
Let's see this luigi has a black button this lung is wearing a yellow tunic this Mario is slightly less
Sociopathic so now I'm gonna put you in the shoes of the judges and have us all play a little game
I [like] to call is it
Copyright infringement. [I] show you two games you
tell me if one is infringing on the other the plant home version will [be] released to a toys r us near you in the
[coming] days round one asteroids [VS.] meteors from
1981 I'll give you a minute everyone. Have your answers locked in good round [two] appears Street fighter and here's fighters history
infringing or no
Is that your final answer ready for the answers well?
Let's take a look at round one
When atari tried to sue whole [nicor] games the maker of meteors the court made a list of 22
similarities between the games and nine differences
he did the same thing in a case between
Capcom and Data [eastover] street fighter and fighters history in both of these cases you [look] at these two games and they look
Practically the same yes meteors is in color or whatever
But the mechanics of breaking up the rocks are all the same you shoot it it splits into same point values same
Objectives ETc and in the street fighter clone there are screams that look practically identical
With characters who are practically carbon copies of each other and move sets that are barely distinguishable?
So clearly these games must have been able to protect their copyrights rights raw
Both of these cases were thrown out because neither of the clones
Violated copyrights, what turns out?
You can't protect those street fighter characters under copyright because they're based on archetype fighters from around the world
[forget] the fact that both games star a dark haired martial artist who has a spinning multi-hit kick
Capcom didn't invent the idea of a martial artist so [Ryo] can't be copyrighted and the [Movesets] for all the characters well
Those are just based on real-life fighting techniques
[so] again not invented by capcom and as a result not something that they can copyright and for the moves that [work] real like fireballs
Leaving hands the color and look were different so again not copyright infringement
I kid you not the court even acknowledged fighters history was a street fighter to clone released to ride off of its popularity
But yeah, that is totally fine same with meteors atari didn't invent rocks in outer space
So you can't copyright the idea of shooting rocks in outer space
According to them any game that's going to have you shooting rocks in outer space is Gonna look something like asteroids
There's no way around it apparently I mean I would propose things like changing the camera Angle
but hey I'm no expert who am I to judge so as you can see these court rulings make it really hard to protect your game I
Think all of us would agree that asteroids and meteors are practically the same thing
but according to the courts a company can't have a monopoly over a game idea it boils down to the
Expression of the game elements not the mechanics of the game forget the fact that the ship rotates the same way
Accelerates the same way in the space rocks break apart in the same way one was in color one was in Black and white vector
Graphics making them two completely different things that said a s to m and [pokemon] uranium would still both be struck down using
visuals maps and logos from the original games [not] to mention the trademark infringement of the word Pokemon
but also under these criteria most undertale fan games could also be busted as many whose character designs and
Locations from the original game Toby Fox is just a cool guy letting cool people use his cool characters so as no fan games safe
then well for that we turn to math which falls into an
Interesting gray area you see unlike undertale games that keep all the characters and locations
most Freddy fan games take the idea of haunted
animatronics hunting you in a building and make it their own by creating [new] robots in a spin-off story, the
mechanics may be the same
but the
Expression of those mechanics is different candies is set in the aftermath of naff alluding to some close down
Pizzeria and featuring the return of a familiar looking puppet similar but not quite the same those nights at Rachel's does the same?
thing and [bowles] added new features like leaning or turning on lights while in camera mode the Joy of
Creation takes it even further and makes the whole [thing]
[free-roaming] based on these court Rulings Freddie striking down these games would be like Mario striking down sonic for being a
platformer [Snack] created a Genre of robot restaurant
Survival is it a very specific Genre?
Yeah, but just like the asteroids case if one wanted to make a haunted Chuck-E-cheese style game
You would need a restaurant setting with animal themed Robots Scott Cawthon wouldn't have a monopoly over that idea so long as the [Map's]
Character sound and story were different you would be in the clear, but before you [think] to yourself
Yes
I can finally create that snap clone where I'm in a haunted olive Garden and all the animatronics are shaped like buttery
breadsticks first of all get out of my head
[but] secondly you might want to slow that train down there fella because it looks like the times might be a change in and we
As gamers might be the ones to blame let me introduce you to triple town
[versus] Yeti town two of the literally hundreds of mobile tile-matching games out there on the market today these games are
Seriously a dime a dozen and they all play exactly the same
[so]
How are you possibly gonna single out [one] that infringes on the copyrights of another well in 2012 a judge managed to do
just that [with] these two games which when you look at them look a lot less similar than something like
Candy crush versus Candy [sweets] or Candy blast or Candy Star or Crafty Candy come on?
[are] you guys kidding mobile games man [Jeez]? Huh anyway?
What made this case different was that they not [only] did an extrinsic?
analysis
they also did something the court called an
Intrinsic analysis which was meant to look at the game as a whole through the eyes of an ordinary observer
And how do you do that play the games maybe [ha] ha don't be silly the judge in the case never actually?
Played either game even though. He personally said quote it is difficult to compare two video games by looking at a few
Screenshots and reading written descriptions of gameplay and quotes [uh] objection your honor these things are like
$0.99 in the app store [up] just kidding triple town is actually free
But go ahead pass a ruling that will affect all of gaming's future without actually playing the game for yourself
That's totally cool, bro
ah the legal system is so not ready for the [internet] age ah no what the judge did was turned to the
Opinions of video game bloggers, that's right
They looked at what video game bloggers said about the total
concept and feel of the games and based the decision in the case on the fact that
Bloggers called yeti town a copy of triple town despite examining the codes of bolt games and finding no plagiarism
[so] yes ladies and gentlemen of the internet you heard that right game?
Bloggers decided that case us because I know if I'm looking for sound legal opinions
I turn to the expert advice of KSI and [Diamond] Minecart, [but] even scarier than listening to this man
For expertise on the law think about the way that we talk about games. It's a Minecraft clone. It's a Cod, wannabe
It's Amnesia meets outlast under this court ruling those sorts of statements could be legally admissible
Judgments, and most importantly of all it means for the first time ever in history whole game genres could be claimed by one creator under?
The old Rules it was just the expression of mechanics that were protected superficial things like names and colors and sounds but now the mechanics
Themselves are being claimed in other words copyright
Law is getting tighter around these things at a time when gaming culture is looser and more
Exploratory than it's ever been [I] mean in just last week's episode
I called 7 days to die the equivalent of Minecraft because you punch things to Gather resources
Craft axes and defend yourself from zombies could this be struck down by this they look nothing alike and yet based on the mechanical
similarities it could be possible under this new regime could
Battlefield take down call of Duty since both are boots on the ground first person shooters emphasizing realism
Cross Guard charges down Well both were boots on the [ground] first person shooters emphasizing realism, but because battlefield came first
[it'd] be the one to win could Mario have taken down all the 90s
Era Platformers that tried [to] claim his throne well if you're jumping across
Platforms and collecting coins where a hundred means a new life you kill enemies by [jumping] on them and each stage ends with some goal
Sonic the hedgehog then yeah
It could really have happened and so then where does that leave our fan games well Kandi's and Rachel's are now
Solidly out because even though they're not using the same characters maps or sounds we call them nath clothes and to the court
That's good enough [even] the additions to the games mechanics like leaning and camera lights wouldn't help thanks to an old case around
Pac-Man early on Pac-man's dot eating game supremacy was threatened by a game called KC
Munchkin [Amaze] Chase game featuring ghosts chasing a puck like character while he eats dots despite having fewer dots dots that moved
Dead ends a moving map and other small tweaks the court ruled that the two games were too similar and gave
Pac-man the win and sole ownership over the maze Chase genre of gaming that leaves joy of creation as our last game
Standing the only fan game that be legally safe across all of our examples is it does something?
Different Gameplay wise offering a free roaming experience
Just make sure that you're changing up those
Animatronic names and this brings up one last fun twist that comes out of all of this as we've seen in the teasers for sister
location your character seems to be moving between different locations
From vents to control panels to bunkers as of last night a theorist even discovered a hidden map
That was released so if Scott would have the player running between those places and sister location hiding from the Roaming robots joy of creation
The fan game would be the original and thus we would have come full circle the fan games shutting down the original source of inspiration
Isn't the legal system fun, but hey, that's just a theory [a] game
Theory, thanks for watching speaking of [naff] have you seen me playing [Snaf] in real life yet?
Well, I haven't either since I was playing five nights at Candy's in that clip for copyright reasons all the old Bait-And-switch
Anyway, you can watch that episode as well as me getting beaten up by an ostrich on my series game lab which if you haven't?
Checked it out yet. [you] absolutely should by clicking right [here]. It's on YouTube bread
Which I know makes a lot of you guys upset, but hey all the episodes are out right now
So you can get [yourself] a free trial watch the show
And then just you know do what you want with your subscription before that free trial ends. I'm not Gonna judge
Oh, you know what actually before you cancel it. [I] mean
Decide what you're gonna want to do with that subscription you can also check out the finesse themed episode of scare, Pewdiepie
That I was in where I get tackled by an animatronic dog real smooth [matte] and legitimately
No, joke this is the first time ever I meet felix
It's on camera with a bag over my head in a recreation of a haunted arcade seriously strangest
Introduction ever no wonder he never returns my calls [plus]. It's worth mentioning game
Land was just nominated for two streamy [awards]. Naming it one of the best non-fiction shows of the entire
Internet for the past year which is pretty awesome
[we're] up against things like the discovery channel and national Geographic. Which is a huge honor
[it's] also kind of funny considering that the whole thing was inspired by
Mythbusters way back during episode 23 of this show if this show had any budget I
demonstrate the difference by hopping in a plane with an expert pilot
Probably including some comedic routine where I was made sick by the g-Forces created
Instead you get some mythbusters footage and a couple of still images anyway
I just want you guys to check it out since no matter what the haters may say I did it for you
To give you guys the reality check series that you liked so much on the channel without each episode having to be a paid for
Commercial [buy] a bunch of sponsored video games, that's also
why there were a bunch of
360 videos with each episode
it was all born on the idea that hey you guys watching the channel or the reason why I'm able to do cool stuff like
Defuse a bomb with the game grumps or play soccer with real-life cars
So I wanted to figure out a way that put you in the middle of the action alongside me the 360 videos were the best
Way to do that
I know it was confusing for [a] while there while we were uploading them onto the channel so that explains it hopefully
[anyway] this end card has gotten really long as I ramble so click my face and give it a watch when you can the videos
Aren't going anywhere? So they'll be there when you're ready to watch and that's it for today
So next week break out your pixel rulers cuz we're looking at Mario's jump. I'll see you then