About Overlord Clause. Locked

Many of us wanted to launch games to ITCH, but we were sorry to see the overlord terms of the ITCH platform.

Derivative works are very bad because they distort the original works.

It is illegal to make derivative works for sale without the authorization of the author.

Compulsory authorization is also unreasonable.

It violates the fairness and justice of the contract.

What we need is respect rather than coercion,

which will cause the author's aversion,

Not everyone wants their works to be used to make other things(Because we are not Japanese authors).

This backward and disgusting clause should be deleted as soon as possible.

In order to prevent individuals or companies from using bad means to obtain the right to create derivative works,

I have taken strong measures to protect game pictures, music and other materials.

You will see that they have been added with mosaics.

No drama animation and original music will be played, only free materials.

Such measures will always be maintained on the platform with mandatory requirements.

It's not my fault, it's the fault of the overlord clause, and I won't apologize.

You can see how bad the hegemonic clause has brought.

It can even destroy the future of a game.

Because it would make people want to draw a Disney Mickey Mouse and make the authorized party sued by Disney.

The platform side should give the author the freedom to choose, rather than command the author to authorize (for example, the command game cannot add DRM).I would rather release a work for free than see it polluted.

If the platform respects the author enough, I would be happy to put the original game on the platform.

But it is impossible now. It is definitely not the paradise of independent games that many people say.

I suggest that the platform should set up a zone for centralized management of adult games, and set up a regional IP lock for these games to prevent access to these contents by countries that do not recognize pornographic games. Otherwise, the website will be completely blocked by these countries in the near future, and they cannot even buy ordinary games. Many authors will lose a lot of income.

mid2 years ago

You could be a bit more specific in what you mean by the “Overlord Clause”.

Are you talking about this part?

[Publishers grant] To the Company, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate within a commercially reasonable time after you remove your content from the Service.

If so, this is not illegal, because you agreed to this when registering an account. That is the purpose of a Terms of Service. And it’s to Itch only, not to everyone.

From what I see, Itch respects DCMA claims; it just doesn’t take initiative.

Who said I agreed? In fact, I don't agree to authorize the development of derivative works, because if you want to promote the game, you don't need to develop derivative works at all. Derivative works include recreated works, including adapted works, including the production of toys around the works, which are of high commercial value. It is impossible to authorize arbitrarily.

mid2 years ago

You agreed when you registered. You do not get to arbitrarily exclude portions of the Terms of Service when you feel like it.

So I will not submit any works, because I will not authorize any works if I do not submit them

thank you.

If you want to register an account, you must agree to this,

This is the meaning of the overlord clause. Because I don't have the right to choose, what I can choose is to put my work on this platform or quit.

mid2 years ago

Under this definition, everything has an overlord clause.

Have you only just now discovered the Terms of Service as a concept?

I specially registered an account and asked the platform to modify the terms, otherwise I would tell the author of my country about the overlord terms. As for how they do it, it's their choice.

Hugues Ross2 years ago(+3)

Well alrighty then, don’t let the door hit you on the way out

It won't happen

hechelion2 years ago (1 edit)

That closure is to prevent someone from uploading a game and then suing Itch because the game is available in the newly created itch app for android or because an image or video of the game appears in some Itch promotion.

Entering Itch, without first asking the reason or meaning of the closure, if not, demanding that it be changed simply because it seems wrong to you (actually, you are misunderstanding). You're the one with the problem, not Itch.

You have no obligation to publish here, if you don't like the license, don't publish and that's it.

Go to Steam, GOG, etc. They have similar text in their licenses if you want to distribute with them.

A ridiculous theory

It is obviously the fault of the overlord clause. I am surprised by your attitude of shirking responsibility.

Just like those hooligans, [I just don't modify them. If you don't like them, go away.]

Very good.

In addition, don't ask me to go to GOG. They also have such overlord clauses. Including Patreon.

hechelion2 years ago (1 edit)

I tried to be respectful and explain to you in good terms, but obviously either you come with the intention of creating conflict or you have a serious attitude and understanding problem.

The clause is written and drafted that way for a reason, you may like it or not, but they will not change it for you, and that is a fact.
Learn to live with that or go cry in a corner, I don't care.

But if in addition, you are going to get arrogant with the people who try to explain this to you, I really do not see what you are doing here, except being a troll

EDIT: By the way, I'm not an itch administrator nor do I have anything to do with the license. Believe me that if I were an admin, with your attitude, I would have already banned you.

Funny. If I were afraid of being banned, I wouldn't speak here

Also, I will video all the discussions here. If I am banned, people in my country can see it. This will prove your attitude.

I explained from the very beginning that we refused to accept such a hegemonic clause. Because of our attitude, many domestic platforms have respected our decision. They remove derivative works as an optional option, or allow authorization (just tick the checkbox).

You mentioned STEAM. I don't think STEAM is that bad. At least the derivative works of creative workshops can be closed and prohibited.

If you are just a game writer or audience, please shut up, because your explanation is only to annoy me, not to make the problem better.

thank you

That's funny. You don't "believe". Let's see what the Steam ToS have to say:

When you upload your content to Steam to make it available to other users and/or to Valve, you grant Valve and its affiliates the worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the Steam service, Steam games or other Steam offerings, including Subscriptions. This license is granted to Valve as the content is uploaded on Steam for the entire duration of the intellectual property rights.

And that's from the Subscriber Agreement, i.e. for what you post there as a user. Never mind if you publish a game with them.

OK, if this is true, STEAM is also a bad platform.

I will not take sides with any overlord clause. Thank you for your reminding.

However, I have many ways to deal with bad platforms. I can create bad junk games and put them on those platforms. Because the resources in the game are public resources purchased from the mall (not things I create), I will not worry about any derivative works.

In addition to recognizing that the copyright belongs to the author, some foreign platforms require the author to authorize all other rights. Isn't that a hegemonic clause? And what is free? You forced me to authorize you for free. What can you give the author in return? If it is zero return, why should I put the game on this platform?

Many platforms try to squeeze the value of authors, force them to compromise and endure silently, but we are not such people. We will say FUXK to this behavior.

From the itch.io ToS:

Publishers retain all ownership rights to the submitted content

You were saying?

I'm talking about licensing, not copyright transfer.

I think you're very confused about intellectual property and how it works.

I think those license agreements have been following the very old habit of adding some licenses that may not be necessary to use, but this is virtually infringing on the interests of the author.

No Time To PlayModerator2 years ago(+1)

On the contrary. If you don't give itch.io a license to distribute your game... then itch.io is legally forbidden from doing that. So the license grant is absolutely necessary if you want to put a game on the site. If you don't like that, okay. It's your right. But nobody's trying to cheat you, steal from you or anything. So please stop this already, you're annoying people.

You have seriously misunderstood what I said. I said that what I hate is making other products based on my works, such as toys and other adaptations. Or make my original characters into pornographic cartoons or movies or another version of pornographic games. My country does not allow pornography, including authorizing foreigners to produce pornographic works, or I will be arrested.

I do not prohibit the platform from copying a copy of the game for sale and distribution. This is the point of divergence.

I have pointed out at the top that derivative works have a very broad meaning. If you just want to copy and distribute works, I will not stop it. What I prevent is to use the definition of derivative works to make other adaptations of the game and make money from it. Do you understand? Please do not mislead others.

If the platform requires a copy, please make clear, rather than using such disgusting words as derivative works. thank you

Derivative works, in this case, means for example a cropped or resized screenshot. Things like that. It's not about merchandise or the like. You're making stuff up. Also, you did not explain clearly what you mean, and you've been rude to a lot of people by now, who were only trying to help. Can we end this conversation already?

I find that you are distorting the meaning of derivative works. If you specifically refer to adapting the size of pictures or using the promotional video of the game, you can add a bracket to explain it (and limit the scope of authorization), but there is no explanation. I have reason to think that it includes a series of operations such as "re creation", "adaptation", "code modification", and "toy creation".

You're the only one in the world who gets angry? Can't I be angry as a writer?

No Time To PlayModerator2 years ago(+2)

You're the only one here posting angry rants that go on and on. You're also the only one clinging to that interpretation of "derivative works", after several people told you that's not what it means in this case. Guess there's no point in trying to continue since you've made up your mind.