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Rants / Re: * The Great Merry "Fuck You!" (Better late than never
« on: Feb. 15, 2011, 09:42:19 AM »
I totally understand where you (and NightWolve) are coming from. Appreciation is a big deal to me too, and I've certainly donated to NightWolve an amount beyond 5 dollars. In fact, every time some official effort is made to domestically release a Ys game, I make it a point of sending a donation, as I believe that those domestication efforts happen because of passionate people like NightWolve, who are willing to put great effort to localize the game on their own time when the original company has not made it available. Now, here is where my ideas get complicated: NightWolve is certainly within his rights to solicit donations so he can cover operating costs of creating the translation patches. As an aspiring developer and someone who has had to produce working program code, I know programming takes a lot of time, effort, and concentration. But I also believe that Ys is ultimately Falcom's property, and things get iffy when the situation is that though NightWolve has worked hard on domesticating the game, he is using someone else's IP he may not have the rights to. This is why I say that I often wish NightWolve could have had a discussion with Falcom to get US digital distribution rights to the games and release them on a marketplace like steam, since that way he can legally profit off his work, and Falcom's work, and everyone has an agreement that benefits them.
Let me make a better example. Jonathan Coulton, the famous geek-culture musician, made a mashup of a Beatles song and a Chicago song. He has no license to either song. Selling the songs is illegal: Therefore if he distributes the mashup, he may not earn money from it. I support NightWolve's effort with donations, but I don't believe he can ask for compensation for the effort done on someone else's property. He can certainly ask for donation support to keep operating, but should not demand money in exchange for a patch. Doing so infringes on Falcom, and I really would not like to see Falcom attack someone who merely loves their work and wants to see it enjoyed by more.
I support NightWolve with a donation, but I donate noting that he has sold me nothing that shouldn't be freely available. Because of the nature of his work, until he gets permission from Falcom, he shouldn't try to sell anything. He doesn't have that right. If you enjoy the results of his work, he certainly should be donated to, but if he's to distribute a translation, he doesn't have the right to do so in exchange for money. This isn't even an anarchocapitalisim situation where it's "pay what you want." since that implies an exchange of currency for goods. Until he has distribution rights from Falcom (i'm not even talking about distributing game binaries here. Falcom owns the content in NightWolve's translations), NightWolve's only real legal option is that he may distribute his work for free, and ask for others to donate if he's to continue working on projects like these.
Let me make a better example. Jonathan Coulton, the famous geek-culture musician, made a mashup of a Beatles song and a Chicago song. He has no license to either song. Selling the songs is illegal: Therefore if he distributes the mashup, he may not earn money from it. I support NightWolve's effort with donations, but I don't believe he can ask for compensation for the effort done on someone else's property. He can certainly ask for donation support to keep operating, but should not demand money in exchange for a patch. Doing so infringes on Falcom, and I really would not like to see Falcom attack someone who merely loves their work and wants to see it enjoyed by more.
I support NightWolve with a donation, but I donate noting that he has sold me nothing that shouldn't be freely available. Because of the nature of his work, until he gets permission from Falcom, he shouldn't try to sell anything. He doesn't have that right. If you enjoy the results of his work, he certainly should be donated to, but if he's to distribute a translation, he doesn't have the right to do so in exchange for money. This isn't even an anarchocapitalisim situation where it's "pay what you want." since that implies an exchange of currency for goods. Until he has distribution rights from Falcom (i'm not even talking about distributing game binaries here. Falcom owns the content in NightWolve's translations), NightWolve's only real legal option is that he may distribute his work for free, and ask for others to donate if he's to continue working on projects like these.