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EFF: Microsoft Embraces Machinima

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#1 Xbox-Scene


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Posted 01 September 2007 - 05:37 AM

EFF: Microsoft Embraces Machinima
Posted by XanTium | September 1 00:37 EST | News Category: Xbox360
From eff.org:

The big news in the machinima world this week has been Microsoft's new "Game Content Usage Rules," which is a license that explicitly authorizes the creation of machinima (and other derivative works) using Microsoft game content. As far as I know, this is the first time a major commercial game vendor has created a "machinima license" to facilitate this exciting new genre.

Some machinima creators have been critical of the new license. I'll leave the detailed discussion of the pros and cons of the license to Hugh Hancock, noted machinima creator and author, but while the license is not perfect, I think it actually does a great deal of good, without doing any harm. [UPDATE: Hugh has now posted some additional thoughts, as well.]

The new license appears to give you permission to do things that would otherwise be forbidden by copyright law. These permissions are in addition to any fair use rights you might otherwise enjoy (according to Microsoft's lawyers, Xbox games do not include any contractual terms intended to strip you of those rights). So machinima creators who use Microsoft games now have two choices -- they can follow the rules set out in the new license, or they can fall back on their fair use rights.

Full Story: eff.org

#2 0794


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Posted 01 September 2007 - 05:43 AM

i am glad that MS is giving more recognition to this relatively new genre of media entertainment - i am amazed by the impressive creative ability of those involved in this type of production...

#3 phiqtion


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Posted 01 September 2007 - 05:49 AM

take the replay feature of halo 3, forge & screenshot ability. they are really supporting the machinima community especially when red vs blue started, they saw potential smile.gif

it's called community advertising for commercial products.

#4 XDelusion


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Posted 01 September 2007 - 03:24 PM

That was already legel, you don't need Microsloth's permission, we are born free and NO MAN gives you rights!

Read up here for more information about the Free Use Act:


Also be very weary of Internet 2. Game servers will get worse, and companies will suggest Inet 2 in order to correct your gaming fix, which you will give into, all the while giving a major blow to freedom of speech and expression.

Keep an eye on the devil people!

#5 SC10-E


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Posted 01 September 2007 - 07:32 PM

QUOTE(XDelusion @ Sep 1 2007, 11:00 AM) View Post

That was already legel, you don't need Microsloth's permission, we are born free and NO MAN gives you rights!

Read up here for more information about the Free Use Act:


Also be very weary of Internet 2. Game servers will get worse, and companies will suggest Inet 2 in order to correct your gaming fix, which you will give into, all the while giving a major blow to freedom of speech and expression.

Keep an eye on the devil people!

Internet 2? huh.gif

#6 Altima NEO

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Posted 01 September 2007 - 07:56 PM

No doubt this has something to do with using Machinma as a source of free advertisement.



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Posted 01 September 2007 - 08:50 PM

While I find it nice that M$ - Gives you the Right to use thier Game for Machinima and or other Personal works - I hate to say it - I bought your shit already - IF I want to use your game to make a short story or WHATEVER in my little film, project, hobby, ect... I don't need your permission.

I bought your Title - I own it (no "you licienced it flames"). If I want to record me playing and add voice overs and make a story out of it to entertain myself, my friends, or just some fanboys (without making a profit - I will acknowledge that once you charge money for something you made with someones elses IP you are in violation of copywrite) I have every right to do so. I don't need anyones including M$ permission.

I love their rule that you can't add to the game universe (are you affraid someone will do it better than you?). Well Mr. Lucas had that problem with StarWars - and still does in some sense (Star wars univierse is the biggest fan universe for fan films ever). While his IP was protected from amateur story tellers tring to make a buck using charaters he crated in book, audio or even video form, he was protected, But when it comes to NON PROFIT, just for entertainment, He cannot say shit. Early on he was dumb enough to grant licences to certain writers to EXPLAND the story/Universe - but later on they became the UNOFFICIAL StarWars Books. Anyways - If I want to use Halo 2 or 3 to make a Machinima Movie and call it Halo the untold story, I have every write to do so. I am allowed to be as free as I want with my Creativity and imagination using anythign I OWN to do so. If I want to then show my Creation to Friends, Family or even the world Free of charge - The I will. I understand that Microsoft thinks the internet users are a bunch of dumb zombies and every time they see something created in a Machinima format they think it's official and will confuse them when it comes to the franchise. Sorry M$ - we are not that dumb.

Let's go over a few of the CAN'T DO's

[quote]You can’t reverse engineer our games to access the assets or otherwise do things that the games don’t normally permit in order to create your Items.[/quote]

UGH - Prove it? And even if i can't access the content - Im sure I can greescreen it or overlay it myself - just like the RvB guys did in some of their episodes. They even admit it.

[quote]You can’t use Game Content to create pornographic or obscene Items, or anything that contains vulgar, racist, hateful, or otherwise objectionable content.[/quote]

Ugh M$ - Who are you to trump the constitution. If I want to make a Fan Film of MC getting his rocks off after saving the world (again) or saying FUCK YOU GRUNTS- I have every right to do so. As for porn content - When was the last time something Famous wasn't spoofed for a porn film. Examples "pornidise Island" - "Forrest Hump" - you get the idea - If I want to make a fan film called "Pornza Motowhore" or "Muff Dive Chief" - What ever - you are open to the same Creative Spoofing that already happens in the pron world. - If you are dumb enought to make a Racist film - well then - there are other laws you might be breaking so I'll leave that one alone.

[quote]You can’t sell or otherwise earn anything from your Items. We will let you have advertising on the page with the Item on it, but that’s it. That means you can’t sell it, post it on a site that requires subscription or other fees, solicit donations of any kind (even by PayPal), use it to enter a contest or sweepstakes, or post it on a page you use to sell other items (even if those other items have nothing to do with Game Content or Microsoft).[/quote]

I'll agree - It's your IP M$ - And no one should PROFIT from it but you... There is one Thing I disagree on though. If you ask for a donation on your main page but not on the page that holds your User created content. - Im no lawyer - There might be something here they can nail you on - But If My own webpage is about ME, My hobbys, my life, and my Machinima and I am not putting a donation button below my film (or anywhere near it). Just by using M$ Ip in a machinima film, does that forfit you from asking people for money to keep your page going??

[quote]You can’t use the soundtracks or audio effects from the original game. We often license those from third parties and don’t have the rights to pass them on to you.[/quote]

Soundtracks - Watch out for the RIAA - As for soundeffects - there part of the game and if your going to use them in your film - you have every right to do so in my opinion. So I can't use the sound of the needler when i'm killing the villian in my film? R U Serious? I would think Fair use covers us here again.

[quote]You can’t infringe anyone’s IP rights in your Item, even if the IP rights being infringed don’t belong to Microsoft. Among other things that means you can’t use any of Microsoft’s trademarked logos or names except in the ways described in the pages linked from ***********.[/quote]

Seems that even mentioning an IP gets you a letter from a lawyer these days. Anyways - again If i want to use GTA for a Machinima film then same as halo - I don't need M$ to tell me no to something they don't own. And trust me I don;t want M$ or your Logo anywhere near my Machinima.

[quote]You can’t add to the game universe or expand on the story told in the game with “lost chapters” or back story or anything like that. [/quote]

See my feelings above above - but I will add - Who are you to limit my imagination!

[quote]You can’t grant anyone the right to build on your creations. We don’t mind if other people help you out, but you have to be clear with them that it’s not you giving permission, it’s us. (That’s how we make sure everyone plays by the same rules.)[/quote]

Ugh - Again M$ - stop running my life - IF I am working on a Machinima piece and a person sees my WIP and wants to expand on it or take it in a whole different direction they have every right to do so with or without MY permission - they don't need yours either.

[quote][The title of your Item] was created under M$s “Game Content Usage Rules” using assets from GAMENAME, © M$ Corporation.[/quote]

If i want to give you a credit I will - If I don't I won't. R U that hard up about people using games for something more than gaming that you need to have recognition for it. GO give the teacher another apple and get some extra homework. Remember it's a NON PROFIT, FUN, just for kicks project - If I want to be recognised as professional in my creation techniques, then I will add the credit to you and most machinima creators will - as most film and content creators like to look professional, but Don't threaten me with legal action because I did't high five you at the end of my Creative project.

Now Im going to quote SC10-E
[quote]That was already legel, you don't need Microsloth's permission, we are born free and NO MAN gives you rights!

Read up here for more information about the Free Use Act:


Now lets break this quote down.

[quote]We know that people like you love our games and sometimes want to use things like gameplay footage, screenshots, music, and other elements of our games (“Game Content”) to make things like machinima, videos, and and other cool things (your “Item” or “Items”). We’d like to make that easier for you. So long as you can respect these rules, you can use our Game Content to make your Items.[/quote]

Yes we love your games. If we have the talent to make NON PROIFIT Machinima, film and Videos then we will without this silly nonsense of a licence that we are already entitled to. Stop tring to assert more control over something you have no control over.

I love this part [quote]and and other cool things (your “Item” or “Items”). [/quote] Ugh - thats just legal nonsense for anything they can't think of so they try to put in a WILD CARD. This isn't windows you can't create LEGALDOCUMENT*.* here. If I take inspiration from Master Chief or the Warthog and come up with my own cool thing - LIKE say a ATV made to look like a real warthog - (which has been done) - Don't think you have any rights to it (as long as I don't Mass produce them and market it as the WARTHOG FROM HALO). Just as if I took my Honda Civic and made it look like the Batmobile - or took a real gun and modded the look to be something out of Halo's gun casche - I have EVERY RIGHT TO DO SO. You have no rights to it and you get no credit. Remeber that Creativity comes from others peoples creativity. Don't think that the Aliens Suit was taken from Jap anime or that the Terminator Exoskelliton was a twist on 100's of other robots that appeared in films before it. People will always take what think is cool from games, film, books - ect and come up with "COOL THINGS" - They came up with it. They don't work for you - there is no NDA or contract that says that personal created ideas are property of the company they work for. If I take any IP and advanace it into something NEW and exciting - don't start pointing out elements of your IP in it and try to say it belongs to you. This Wildcard BS is why there is no creativity and startups anymore - cause your Huge legal dept's make it too hard, with the amount of money you throw at something, to defend new ideas.

[quote]We’d like to make that easier for you. So long as you can respect these rules, you can use our Game Content to make your Items.[/quote]

You made it easer - by giving us good IP's to play with - thats it - No rules required. I have no respect for a bully and someone looking to control every aspect of the creative outlet in America. We have Fair use on our side - we don't need a silly doctrine.

I understand this might make M$ look a bit Nicer to PLay with - but when you break it down - it tries to take away more from the creative collective then it has the right to.

[quote]If you do any of these things, you can expect to hear from Microsoft’s lawyers who will tell you that you have to stop distributing your Items right away.[/quote]

WOW looks like M$ is jealous with the MPAA, RIAA and DCMA having all the fun. I guess it want to sic its law hounds kids everywhere. M$ does realise that there are a ton of crappy, just wanna see if i can do it Machinima and FIlm - videos out there by Kids (say 7 - 15) that are not gonna have any clue about this silly doctrine and parents that are going to FLIP out when their 9 yr old - usues VIVA PINATA to make his own cartoon and emails it to Jenny down the block - who then Emails it to Michelle, who parents see it and say hey you should just post it on YOUTUBE so your whole class can see it and then 2 weeks letter the C&D letter shows up cause the 9yr old who did this for Kicks forgot to give M$ props.


[quote]Go ahead and flame me for my personal thought.[/quote]

Edited by NYCXBOX, 01 September 2007 - 08:52 PM.



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Posted 01 September 2007 - 09:06 PM

QUOTE(SC10-E @ Sep 1 2007, 02:08 PM) View Post

Internet 2? huh.gif

Internet 2

Probably the precursor to DRM laden Trusted Networks and mass Trusted Computing.

Edited by FCTE, 01 September 2007 - 09:11 PM.

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