PMQ Colosseum

[Icey]

Good point but at the first mention of OSD everyone thought it was a joke which it was and still is. However I don't recall at the very bringing it was announced that it would be an open sourced saga.

Here is more proof. And I think I need to be corrected cause  I can't see when Ben uploaded the source.

01 Scourge of the Underworld by Ben304 (May 15, 2010)

And what should be 2 is made by me.

02 Oceanspirit Dennis: Scourge of the Underworld (May 18, 2010)

And the 2 seen as 2 made by ddq.
02 Scourge of the Underworld DX! The Definitive Edition! by DDQ (May 19, 2010)

All talks of OSD before Dennis made his game was just a bunch of ideas and jokes for me. So if I did need permission all together the only person I need to ask is Ben304, which I could do.

[monkey0506]

Tossing words like "copyright" and "trademark" entirely out the window, the fact of the matter is that you Icey, did not create Oceanspirit Dennis, "Dennis", or whatever name you want to give him. Your "Dennis" is based off of someone else's intellectual property. Using someone else's IP without their permission is a direct violation of the law, and I guarantee that your game is not going to be accepted into the Steam library if you use anyone else's characters.

What you're saying is essentially, "Hey, my 'Cloud' isn't 'cannon Cloud', so I can make him do whatever the hell I want!" It's the exact same thing, and you're beyond delusional if you think for one second it would stand in court.

It doesn't matter whether Icey's OSD games are open source or not. That's a completely irrelevant non-issue. The fact of the matter is that you can't just use someone else's IP without their permission, regardless of whether they have formally trademarked the content.

Your claim about your characters being used in free and open source OSD games is the same, and you have every right to issue a C&D in that regard. However, you do not have rights to someone else's IP, even if you label that as a derivative work. That right can be granted, but again, until you have permission from ddq, Snake, and Ben304, I will continue to maintain that you are infringing on their IP and have no legal right to sell the product you are creating.

Edit: You posted while I was typing.

Just because Ben made the first OSD game does not make the character his exclusive IP either. He does have some right in the fact that he (along with ddq) created the likeness that is now understood to be Oceanspirit Dennis, but his IP therein is not exclusive. Either get permission from all three of them, or stop this* now.

*That is, stop pursuing the usage of Oceanspirit Dennis (by that or any other name) in this project as you have made your intent to sell the product illegally (read as: illegal product) blatantly clear.

[Icey]

Truth be told and it's not even from this conversation. I don't even know if I'm gonna use Dennis or not cause I'm full of characters now. However one thing I would like to include is that saying something like you did with cloud is like saying I can't distribute Dave for the fact that he was based of cloud or I was such a big fan of cloud I first based a few looks off of him.

But Dave altogether is his own person and him and cloud are not related what so ever.

I think the problem is, is just his name. I could easily put him in my game and call him Spirit or Soldier(which in fact I was gonna do) as a arena name or a nickname.

Also I'm pretty sure that all that matters in court was made the game but in this case it's the character. I never made OS Dennis but I can fact prove that I made (icey or pmq)Dennis which I would win the case cause they are two different characters. who look nothing a like and are not the same in no way. The games share few similarities but that's it only so I can relate them together at times.

Also if I ask anyone anything it would only be Ben cause that is the only one I am obligated to ask cause it was already admitted that everything before the game was just a joke. And if I did have to ask more than just ben it would be anyone who contributed to the canon series as a whole. including myself.

Also I just noticed that when I translate my OSD games name to english it comes of as "Dennis the spirit of the sea" not OceanSpirit Dennis, therefore in reality I have never made an OSD spirit game besides the first one I made and the HD remake.

[Darth Mandarb]

Alright, enough!

Take this discussion into PMs please.

** Darth holds the key out menacingly... **

[Ponch]

...That's like saying I can't make a PMQ game. Or sell my own games seeing how Icey and a Pub was included in Ponch's OSD game...

Icey, no one owns (or can own) the rights to any and all depictions of a pub. And I added it to my game because no pirate port is complete without a pub. I included Icey the Magical Talking Snowman as an homage to you -- by the way, you were going under the handle "Studio 3" at the time, so that made it extra ironic.

I did it for the the same reason Baron's avatar appears in the game as a pirate in a hot air balloon and Numbat Bob is an obvious stand in for Ben304 (who translated all his lines of dialog into Australianese): Because it was a nice tip of the hat to the AGS community. I even put my girlfriend, Kim, into the game as a pirate because I knew she'd get a kick out of it. Heck I appear as a pirate myself. There are something like thirty pirates and other NPCs in that game. I was filling every role using any trick I could think of.

But at no point was I implying ownership of Baron's forum avatar or Ben's stylish akubra (or Kim's voodoo powers).

OSD is an open source world. You can't take characters from it and put them in a game you're going to charge money for. Not without getting literally everyone's permission to do so. This is the same reason Handsfree had to pull his RON game from the Bake Sale. He couldn't claim sole ownership of every character, location, sprite, and background in the game. RON wasn't his to sell, even for such a good cause.

You can use all your GearPubDVDA characters in your game. You could even go so far as to create a character called "Dennis" who is inspired by but clearly a parody of OSD (though that probably wouldn't win you many friends). But you can't use "Oceanspirit Dennis" himself, or any of the other shared characters / locations of the Oceanspiritverse. Their not yours to sell!

And you can't use anyone else's characters either, without their express permission. 

At this point, couldn't you just come up with a few more original characters to replace Dennis and any others that you want to borrow? How hard could it be at this point?

Sigh.

Sorry to post this after Darth has rattled the keys, but I just now noticed the direction this thread had taken (and my sudden inclusion in Icey's effort to bolster his argument).

[WHAM]

Icey, try this: http://lmgtfy.com/?q=copyright+law

[Icey]

I had already agreed that I won't use Dennis and it's not that I was trying to argue but I just have this strange feeling in there that I am able to distribute my Dennis in any way possible.

Also I am not selling Oceanspirit or oceanspirit dennis but a character named (Dennis) I made. His name is dennis but he goes around calling himself OSD and for a short amount of time. OS in my game is a name passed down to a warrior of great power by his master.

I guessing you think I'm using myself in your game as a way around it this. I was using him/me and the pub as an example but what I was really focused on was the shogin crystal.

I think the most confusing thing here is that even though they are in different deminisions they are still called OSD and that's my fault for not finishing more of OSD rots and releasing it so I could show the difference. Because they both can exist at the same time which they do but there can only be one oceanspirit dennis and that's canon dennis. Even if I was going to use him I had already said 2 names I could have called him but with what I had been stating before I could have just gone and called him Dennis, not OSD but just Dennis.

Also WHAM I looked at video games laws which talked about Copyright laws for games. That's why there is a leicings script that comes with AGSC or PMQC for different reasons. 1 being if this game did commercial and I make DLC for it then it hold be known that DLC is not apart of the game or it's story and it's just an extra. Cause what if I made a Sephiroth battle for Dave or Christen as free fun DLC and got in trouble for it? 

[Darth Mandarb]

This is the last warning.  I am going to lock this.