Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ

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Is it possible to create a copyright basilisk? (slrpnk.net)

submitted 10 months ago by [email protected] to c/[email protected]

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Is it possible to create something where knowing about the thing constitutes copyright infringement?

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[–] [email protected] 2 points 9 months ago (1 children)

I reject your idea that it could allow copyright laundering. A copy of Mario from my video is still a copy of Mario. My license to play the game allows me to incorporate my gameplay into a new work, but extracting that character from my work arrives at a character indistinguishable from Nintendo's.

I would not be violating Nintendo's copyright to license my video to Montendi, but Montendi would be violating Nintendo's copyright when they extract that character and use him in their own game.

[–] [email protected] 2 points 9 months ago

I reject your idea that it could allow copyright laundering

It's fine, that doesn't change the legality. Unsure whether a judge would include reasoning like this in their judgement.

My license to play the game allows me to incorporate my gameplay into a new work,

No, you are not freely allowed to create derivative works. You are probably arguing fair use or fair dealing, but Twitch streaming generally wouldn't count (it's not part of the list of exceptions).