English description of the game, leave comments also here.

just for teh lulz

you should go for a lawsuit. definetely.

At 2/15/10 04:06 PM, sorohanro wrote: English description of the game, leave comments also here.

just for teh lulz

I don't think it's necessary to spam every single page related to this game with comments.
Especially not if it's for teh lulz. Isn't that a little immature?

I don't think KgZ agrees with this course of action either.

I think it's nice to inform people about him using my music. Maybe the touhou fanbase knows something I don't, and they know about my music being used. But I still think at least he should credit me in the game somewhere, or on the homepage of his website.

But definitely don't do it for the lulz.

Immature ? maybe a little, but I've seen that before.
If someone think that you're alone and would be costly for you to go for a lawsuit than will rob you. If will see that actually you have a lot of people behind you then will take a better decision.

I've seen before this. People taking down their materials when see big numbers of internet users giving a negative feedback for uploading copyrighted stuff.
I'm afraid that my English is not good enough to express what I think.

At 2/15/10 02:52 PM, sorohanro wrote: @sirsicklick
Man... what you say don't make any sense.

At 2/15/10 02:28 PM, sirsicklick wrote: Unless you have purchased a commercial copyright license, you can't do anything.

You do realize that we are talking about music created by himself, right ?
So, you don't purchase licenses for things that you create, do you ?

At 2/15/10 02:28 PM, sirsicklick wrote: A. Their your old songs and his account is probably inactive. In other words, hes not stealing songs now/anymore.

Wrong.
He is using the account, he started this thread from this very account and he is still uploading music there. The fact that the tracks used are made in 2007 don't give anyone the right to steal them.

At 2/15/10 02:28 PM, sirsicklick wrote: B. No one listens to them there, anyway, so, It doesn't really matter.

"There" means where, here on Newgrounds ? well, the latest review on "Black and White" was written 15 hours ago, so wrong again. People listen to the music.

Wow, you mis-read everything I said didn't you.

1. You do put licenses on things you create, what do you think a copyright is?
2. I meant the guy who stole the songs isn't using HIS account, not KgZ isn't using his own.
3. I meant there, as in the site were referring to with the stolen songs, no here.

At 2/15/10 04:28 PM, sirsicklick wrote: Wow, you mis-read everything I said didn't you.

A miss was reading it to me, yes.

At 2/15/10 04:28 PM, sirsicklick wrote: 1. You do put licenses on things you create, what do you think a copyright is?

You don't have to buy it, CC license it's applied automatically when you upload the track here.

At 2/15/10 04:28 PM, sirsicklick wrote: 2. I meant the guy who stole the songs isn't using HIS account, not KgZ isn't using his own.

Aha... well, my blond side of the DNA was reading probably...

At 2/15/10 04:28 PM, sirsicklick wrote: 3. I meant there, as in the site were referring to with the stolen songs, no here.

It's a game using the music, not a internet browser based/ online game but a commercial product...

At 2/15/10 04:18 PM, KgZ wrote: I think it's nice to inform people about him using my music. Maybe the touhou fanbase knows something I don't, and they know about my music being used. But I still think at least he should credit me in the game somewhere, or on the homepage of his website.

But definitely don't do it for the lulz.

As far as I know, this is new to most of the fanbase..... Almost everyone thought the music used in the video was an original made by the developer of the game.. (I didn't know you made it either, until a guy at another forum pointed it out to me)

And yeah, I think people should know the developer used your music in the game, but the motivation behind it: 'doing it for teh lulz' just strikes me as wrong, and won't really help the situation. If everyone can just post serious comments, I don't see a problem with it, though.

That is a copyright infringment. If I were you I would PM Tom Fulp about this and he will gladly help you sue his ass.

At 2/15/10 04:35 PM, sorohanro wrote:

At 2/15/10 04:28 PM, sirsicklick wrote: Wow, you mis-read everything I said didn't you.

A miss was reading it to me, yes.

At 2/15/10 04:28 PM, sirsicklick wrote: 1. You do put licenses on things you create, what do you think a copyright is?

You don't have to buy it, CC license it's applied automatically when you upload the track here.

At 2/15/10 04:28 PM, sirsicklick wrote: 2. I meant the guy who stole the songs isn't using HIS account, not KgZ isn't using his own.

Aha... well, my blond side of the DNA was reading probably...

At 2/15/10 04:28 PM, sirsicklick wrote: 3. I meant there, as in the site were referring to with the stolen songs, no here.

It's a game using the music, not a internet browser based/ online game but a commercial product...

I see that now, I honestly didn't know what it was at first.
Anyway, CC licenses actually aren't (to legal standards) applied when audio content is submitted here.
Any form of copyright license has to be administered by an individual with the rights to do so.
Also, that video has no credits. Therefore, who's to say that he didn't mention KgZ in the credits?

Most of my comments about this issue were serious, giving links and trying to find out what tracks were used and giving links. still, if I slip a joke (keep in ming that we're on Newgrounds, not on "Scientology Online" or "Christian Advices") everybody jump on me, forgetting that I am actually a serious musician giving a lot of helpful stuff for musicians and make them interact...

At 2/15/10 04:55 PM, sirsicklick wrote:

At 2/15/10 04:35 PM, sorohanro wrote:

At 2/15/10 04:28 PM, sirsicklick wrote: Wow, you mis-read everything I said didn't you.

A miss was reading it to me, yes.

At 2/15/10 04:28 PM, sirsicklick wrote: 1. You do put licenses on things you create, what do you think a copyright is?

You don't have to buy it, CC license it's applied automatically when you upload the track here.

At 2/15/10 04:28 PM, sirsicklick wrote: 2. I meant the guy who stole the songs isn't using HIS account, not KgZ isn't using his own.

Aha... well, my blond side of the DNA was reading probably...

At 2/15/10 04:28 PM, sirsicklick wrote: 3. I meant there, as in the site were referring to with the stolen songs, no here.

It's a game using the music, not a internet browser based/ online game but a commercial product...

I see that now, I honestly didn't know what it was at first.
Anyway, CC licenses actually aren't (to legal standards) applied when audio content is submitted here.
Any form of copyright license has to be administered by an individual with the rights to do so.
Also, that video has no credits. Therefore, who's to say that he didn't mention KgZ in the credits?

Every piece of music submitted to NG is protected under the CC License, it's part of the stipulation to submission and also prominently displayed on the audio page where you download said audio. CC is clear: for non-commercial use only, with attribution. Other usages must be negotiated with the original creator/license holder of the music. Can't be anymore clear than that.

At 2/15/10 04:55 PM, sirsicklick wrote: Anyway, CC licenses actually aren't (to legal standards) applied when audio content is submitted here.
Any form of copyright license has to be administered by an individual with the rights to do so.
Also, that video has no credits. Therefore, who's to say that he didn't mention KgZ in the credits?

...actually it is

I tried to refresh the page with the video on youtube... guess what... now this video is private.
Guess the guy is understanding English after all...

All of you are wrong and have no professional experience in this subject.
Automated systems cannot legally administer copyright licenses of any kind.
And again, THERE IS NO CREDITS IN THOSE VIDEOS!
Even if it was under a CC license, he would not have to give credits with the video but only with the game itself.
Also, he probably made it private to escape harassment from you people.

When you upload you have this:

"When you submit your audio, please be aware:
You are making the legal claim that it is your own original work.
Loops you made from existing copyrighted songs are not your own original work.
If your submission is not your own original work, you will be placed on a rejection list and held responsible for any repercussions.
You will remain the owner and credited author of the submission."

As you probably know, the process is not fully automated, that's why here we have audio moderators who check if the uploaded material is an original work of the up-loader.
However, due to the huge number of aspiring artists and constantly decreasing number of audio moderators (because of account hacking, ask me about...), only the first upload is checked and approval and banning are permanent.

By downloading the material you agree with the terms of usage, which can be found here:

http://creativecommons.org/licenses/by-n c-sa/3.0/legalcode

It's pretty much like when installing software. Installing is an automated process but by clicking "I agree" and "Install" you actually sign a contract.

At 2/15/10 05:51 PM, sirsicklick wrote: All of you are wrong and have no professional experience in this subject.
Automated systems cannot legally administer copyright licenses of any kind.
And again, THERE IS NO CREDITS IN THOSE VIDEOS!
Even if it was under a CC license, he would not have to give credits with the video but only with the game itself.
Also, he probably made it private to escape harassment from you people.

Apparently you don't know who to read, his song WAS used in the game and therefore it is being used for commercial gain.
And where are you gaining this massive amount of law knowledge, and besides that why the fuck are you even here, you haven't even posted a single song on here.

Here's a metaphoric example:

A pool has a warning sign that says "By swimming in this pool you agree that we [the pool owners] are not liable for any injury caused to you while using this pool. Use this pool at your own risk."

Though everyone might think that, with this sign being here, the pool owners' are not responsible for whatever happens to any individual who uses their pool. Although, legally, the pool owners are responsible for whatever happens to any individual who uses their pool.

A similar thing is happening here, you all think your music content has a copyright license, when, to legal standards, it doesn't.

And his song was used in the game, but you didn't not see the game's credits and therefore, you cannot claim that he did not credit KgZ.

Seriously, sirsicklick why do you keep defending the guy ?
As a brother musician (nice LesPaul by the way) shouldn't you defend the musician who's work was wrongly used to gain profit for someone else ? who didn't even ask ?
I'm sure that many newgrounders would be happy to provide free music only for being credited, but is a basic politeness to ask "can I make a shitload of money with your work and pay nothing ?... I'll credit you and send cookies for Christmas"...

And his song was used in the game, but you did not see the game's credits and therefore, you cannot claim that he did not credit KgZ.

Typo in last post.

And it doesn't matter if I've posted here before or not. That in no way effects my knowledge of the topics.

Besides that, when you have credited someone, obviously you would have contacted the creator that the song was being used.

get over it

I'm not defending him guys.
I hate people who don't give credit where credit it due.

I guess what your not getting is that the music credits are a subsection of the game's credits.
You have not seen the game's credits.
For all you know it could be a scrolling text on the screen that says:

Music by KgZ on Newgrounds
<Song titles>
<Link to artist's website>

In Japanese or whatever language that is.

Do you really not understand that?

At 2/15/10 06:18 PM, sirsicklick wrote: I'm not defending him guys.
I hate people who don't give credit where credit it due.

I guess what your not getting is that the music credits are a subsection of the game's credits.
You have not seen the game's credits.
For all you know it could be a scrolling text on the screen that says:

Music by KgZ on Newgrounds
<Song titles>
<Link to artist's website>

In Japanese or whatever language that is.

Do you really not understand that?

Okay, I'd have to agree on this point.... as probably none of us has played through the game..

Either way, the fact that the developer didn't even notify KgZ about him using his music, makes me doubt the developer did actually give him credit...

Actually KgZ is credited at the end of one of the movies (out of three).
What bothers me is that the game developer didn't contacted at all KgZ.

True, that could be an issue (if the content was legally under a CC license, which it is not).
However, let's imagine for a second that it is, this guy doesn't speak English and probably doesn't know about Google Translator (since its promoted in english and the application itself is intended primarily for english-speaking users).
He probably thought of contacting him, but he realized he could not effectively communicate with him.
Then, he either forgot about contacting KgZ all together, or, he was planning to at a later time with a translator or something of that nature.

You guys are making too many assumptions here, someone needs to use Google Translator or something to actually try and communicate with this guy.

I sent him the CC licensing in Japanese.
No joke.

At 2/15/10 06:40 PM, sirsicklick wrote: You guys are making too many assumptions here, someone needs to use Google Translator or something to actually try and communicate with this guy.

I think his voting down/marking as spam of comments pointing out the origin of the music in his videos is pretty clear communication.

At 2/15/10 06:40 PM, sirsicklick wrote: True, that could be an issue (if the content was legally under a CC license, which it is not).

Are you referring to the song or the game?

I was referring to the song.
He's probably just freaked out and doesn't know what's going on or doesn't want everyone to think he stole music when he gave credit.

KgZ needs to send him a message lol, seriously.