Cease & Desist Letter

[odekam]

Keep in mind that Chrono Trigger: Resurrection was not a modification, but an original game engine. Modifying ROMs (especially SNES-era ones) was thought far safer than the original engine route until now.

That's right, because of it I said "fangames" and not ROM Hack.

[kattrali]

Keep in mind that Chrono Trigger: Resurrection was not a modification, but an original game engine. Modifying ROMs (especially SNES-era ones) was thought far safer than the original engine route until now.

It seems easier to find legal logic defending a mod rather than an original game.

Mod = already owning a product or have to buy it to play.
Original engine = using an idea without paying anything for it.

[odekam]

This entire thing with the CE C&D has caused a lot of commotion, and hasn't only attracted outside fans, but it has depressed the inside fanbase as well (us). Especially with Crisis nearly falling apart and Ark going original. There's nothing anymore, absolutely nothing.

Then again, it might be good to wait a while, until everything has calmed down more.

I understand what're you saying, and I'm really afraid that not so soon, we'll hear about any fangame. I hope I'm wrong about it. I really do.

[Dark Serge]

Keep in mind that Chrono Trigger: Resurrection was not a modification, but an original game engine. Modifying ROMs (especially SNES-era ones) was thought far safer than the original engine route until now.

It seems easier to find legal logic defending a mod rather than an original game.

Mod = already owning a product or have to buy it to play.
Original engine = using an idea without paying anything for it.

That's really how you put it. I could say this right now

Mod = Being lazy and stealing the original engine
Original = Creating your own engine only using some of the original characters

And it's a whole different thing. I honestly don't know anymore what's more "okay", rom hacks or original games. Both have had a C&D once in a while.

[FaustWolf]

Dark Serge, for someone who's actually pitched in admirably in Compendium modding activity, your attitude is surprisingly unfriendly to modding. Where's the passion to play as Magil, Dark Serge, and other characters in Chrono Cross? Or have you experienced a change of heart as of late?

In any case, those dreams can never be realized now that all modding activity at the Compendium has ceased.

[kattrali]

That's really how you put it. I could say this right now

Mod = Being lazy and stealing the original engine
Original = Creating your own engine only using some of the original characters

I can't see how either of them is being "lazy";  nothing is worth playing that doesn't have blood, sweat, tears and magic going into it. 
Whether or not your masterpiece is sparked by someone else's doesn't negate all of the work you put into it.  Ram hacking is no different, and is probably a more extreme case. Its not just artistically presenting a story, but setting it to music and coding to registers day and night.

I can have nothing but respect for people who undertake and complete (or nearly complete) such amazing feats.

[Dark Serge]

Dark Serge, for someone who's actually pitched in admirably in Compendium modding activity, your attitude is surprisingly unfriendly to modding. Where's the passion to play as Magil, Dark Serge, and other characters in Chrono Cross? Or have you experienced a change of heart as of late?

In any case, those dreams can never be realized now that all modding activity at the Compendium has ceased.

Come on man, I'm not trying to offend you or whatever. I know how long you have worked on CE and how difficult it was. I'm just saying it's no point to say rom hacking is more likely to get shut down then original engines. You know I support modding and hacking, and it's amazing how far we've gotten with that.

[FaustWolf]

Oh, no offense taken Dark Serge. After all, I was only brought on to take care of some odds and ends at the end of CE's development cycle, and spent something like .01% of the amount of time the core CE team put into it; what I'm most concerned with is the possible end of fannish activity going forward. The C&D has had a significant chilling effect, because nobody's sure what's safe anymore and what isn't. Even fanfiction has been called into question by our detractors (learning about Anne Rice's fan fiction ban during an argument at GameFAQs was a really rude awakening for me).

However, compare this to the time when people weren't sure if it was okay to record TV shows for future viewing, or even use a Game Genie. All of history is marked by the effort to acquire more liberty, and a greater quality of life for all individuals. In short...

YOU HAVE TO FIGHT
FOR YOUR RIGHT
TO PAAAAAARTAAAAYYYYYY!

[RySenkari]

Eventually, somebody IS going to have to step up and say "Go ahead. Sue me. Make my day." Not saying you guys have to, but eventually someone's got to grow a pair and fight for everyone else. Someone with nothing to lose. If it turns out that they don't lose the lawsuit, then everybody else can proceed and defy the C+D letters.

[kattrali]

YOU HAVE TO FIGHT
FOR YOUR RIGHT
TO PAAAAAARTAAAAYYYYYY!

http://www.youtube.com/watch?v=6NdAUnnU9Ac

That just made my day.

[Boo the Gentleman Caller]

You're right, but didn't they really intend to sell it? I can't remember.

Nope, it was going to be a free download.

As for this alienat0r guy, has anyone else wondered if he's a registered member of the Compendium?  i keep wondering that myself...  not that it really matters.  the asshole did a very assholery thing - and for no reason, to boot.  for a fan of Chrono Trigger he destroyed everything.  douche.

[FaustWolf]

Aside from rampant instances of sexism in that Beastie Boys video, ZeaLitY would most approve, I think. Hah, I forgot the Beastie Boys even sang that one.

RySenkari, there is a major difference between the CE team's situation and the situations in the landmark cases I referred to above: both those cases involved an original intellectual property holder filing suit against another corporation I think, and not private citizens. The corporations on the defensive had financial resources to draw on for hiring lawyers, and the matter was (relatively) settled quickly in those cases as a result. The Game Genie one was Nintendo vs. Galoob (1992), but I can't remember the parties in the TV recording case. I think RCA was the defendant in the original suit, but I'm not sure now.

Amateur fannish activity will have to win its right to party solely through precedent, and over a painstaking amount of time I think. Unless a fan author/modder/artist happens to be filthy rich or happens to be a lawyer. Despite the Anne Rice example, most authors are perfectly content to allow fan fiction simply because other authors before them have done so. There is hope yet for the art of non-profit fangaming. It is just our extreme misfortune that Crimson Echoes has to be a victim in the still-nascent battle for fangaming rights.

[kattrali]

I know this keeps coming up, so I'm wondering if there's a historical basis for this notion:

Has anyone ever tried to sell a Chrono (or other franchise) fangame? I don't see how that would ever make sense, or be legal.

[FaustWolf]

Not to my knowledge kattrali. All the fangamers who've tried this implicitly realize that a profit motive would just be wrong in fangaming. As with fan fiction and fan art, it's all about the art. Of course the skills learned in fangaming could be applied to professional game design with original intellectual properties, but it's no more different than fan film creation in that regard.

[Belaith]

I'm so tired of hearing about this damn Cease and Desist letter. It's done, it's over... move on. All the bitching and complaining and "oh hate mail will give us CE back" only wastes time.
Take it to heart, you're all ignorant for still going on with this. Everyone here is a little distraught over the whole situation but FUCK.. fourty pages of pure ignorance? This is ridiculous. I'm sure moaning and ranting in multiple threads will fix everything. [/sarcasm]