Forum - View topicPrincess Maker 2
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radicaledward
 Posts: 776 |
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Because of recient controversy over the status of the copywrite of this game I would appreciate it if someone can give me the exact status of the games copywrite. The last news on the status of the game was released by Softegg, and is avalible here:
http://www.softegg.com/PM2_P1.HTML And it has always been my understanding that once that contract gave out the game would enter the public domain. And my understanding as a programmer is that the international copywrite laws governing the issue are sticky at best (I personaly use a standare open source copywrite for my software that I release on the net). So if anyone could help out I would greatly appreciate it. |
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Aya Reiko
 Posts: 166 Location: Nowhere and Somewhere |
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The copyright would not expire. Gainax will hold on to that for many years to come. The NA distibution rights will expire, meaning technically, no one has the rights to distribute it anywhere in the US and Canada.
It's basically the same scenario with Sailor Moon between DiC, Toei, and Cloverway. Except here, it's with PM2 between Intercorp & SoftEgg, Gainax, and a yet to be determined licencee. |
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cookie
Former ANN Editor in Chief
 Posts: 2460 Location: Do not contact me for support. |
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Well... More like, "No one will have the rights to distribute it in NA/Canada _EXCEPT_ Gainax" since the rights would revert to them. |
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Aya Reiko
Posts: 166 Location: Nowhere and Somewhere |
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Ah... that's what I was missing. I knew I was forgetting something. |
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radicaledward
Posts: 776 |
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That agreement has expired - which is where a major source of confusion is coming from. Right now the majority of the people I know online say that because the contract expired the Beta copy reverts to public domain, because the Gainax copywrite is not a US copywrite. |
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Case
Posts: 1016 |
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That may be so. However, by signing into the WTO and Berne Conventions, our country has agreed to respect Japan's copyright laws, pretty much as if they were our own. I admittedly don't know the law to the letter, but I'd say it's a pretty sure bet that the game does not qualify as public domain here. |
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cookie
Former ANN Editor in Chief
Posts: 2460 Location: Do not contact me for support. |
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Well... I Am Not A Lawyer, but I played one in a skit once.. The status of the game itself is not in doubt -- Gainax holds the copyright, and the Soft Egg license apparently expired in 2002. What is in doubt is if Soft Egg's translation is or is not public domain.. However, I do not think they have the right to do so. Soft Egg acquired the license to both translate and distribute the game. We can see that because they sublicensed to Intracorp for distribution. When their license for the game expired, the translation remained their own, while the distribution rights reverted to Gainax. To release the translation, Gainax might have to obtain the right to use the Soft Egg translation (unless you consider the symbolic return at FAnime 2000 a legally binding action). Since Gainax hasn't released the translation (or has not endorsed the version available on the internet) I think it's safe to say that it is not public domain. At least, that's how my logic goes.. Unfortunately, we can't just look this sort of stuff up on the net -- Stuff like this wouldn't be stated in laws. Instead, much of it would be included in the contract, to which only Gainax and Soft Egg are privy. I suppose, since there's an e-mail address there, we could e-mail him and ask about the status. OTOH, he's probably sick of hearing the same question from everyone else who's ever found that page... I must admit, Gainax's products appear to have been handled really poorly in America.. 1. Eva TV - Rumored tension between ADV and Gainax related to contractual obligations 2. Eva Movies - Delayed for forever 3. FLCL - Delayed for even longer 4. Harmony Gold's Gunbuster flop 5. General Products USA's closure 6. Wings of Honniamise's bad video transfer 7. Princess Maker 2 Man. It's like a Gainax Curse or something. :) |
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cyrax777
 Posts: 1825 Location: the desert |
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my understanding is this
Gainex owns the games Soft Egg owns the Translation so techicically its not in the public domain yet unless Gainex and Soft Egg state so. course it would be AbandonWare and not true public Domain. |
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radicaledward
Posts: 776 |
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From what I understand on the Softegg website the translater states that he wrote the game off - which from my understanding make the translated beta to be abandonware (see definition: http://whatis.techtarget.com/definition/0,289893,sid9_gci214339,00.html). Which relates the question to being is the beta legal or not since it is not a true distribution copy of the game (which would mean it is not in english), and there for not copywrited. It seems to be that the beta copy is not copywrited because it is not a distribution copy - in other words the game it self might be copywrite infingement because the content is an exact miror of the orginal non-english release. Maybe someone knows someone at Gainex that can clear up the situation? |
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