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View Full Version : Homebrew based on Microsoft franchises now allowed?



Darksaviour69
August 13th, 2007, 23:49
http://digg.com/gaming_news/Homebrew_based_Microsoft_on_franchises_now_allowed

Microsoft announced at the Gamefest 2007 (Dream-Build-Play winners (http://xbox360.dcemu.co.uk/dream-build-play-winners-announced-71043.html)) effectively immediately, some game content published by Microsoft Game Studios and owned by Microsoft is now available for noncommercial use by consumers. Under a license similar to the Creative Commons license, consumers may now use gameplay footage, screen shots and other gameplay elements from popular Microsoft Game Studios titles such as the “Halo” franchise, “Forza Motorsport” and “Age of Empires” to express their own imagination and creativity. Details on the game content usage rules have been posted at http://www.xbox.com/en-US/community/developer/rules.htm along with samples of permissible and nonpermissible use.

Does this mean you can make homebrew games based on MS franchises? Well they are a few strict rules. Firstly it only applies where MS owns the complete copy right:

* Age of Empires
* Flight Simulator
* Forza Motorsport
* Halo: Combat Evolved, Halo 2, and Halo 3
* Kameo
* Perfect Dark Zero
* Project Gotham Racing
* Rise of Nations
* Shadowrun
* Viva Piñata

Things you can't I do?

* 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.
* You can’t use Game Content to create pornographic or obscene Items, or anything that contains vulgar, racist, hateful, or otherwise objectionable content.
* 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).
* 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.
* 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 www.microsoft.com/trademarks.
* 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.
* 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.)

So what does this mean? Well it could mean that we are now allowed to make "fan games" based on MS franchises, as long as you don't abuse the IP and you carefull how use the trademarked logos or names. Also its worth point out: "We can revoke this limited use license at any time and for any reason", so they can change there minds at any time, but I would guess MS are just making sure that this does not bite them in the ass at some stage.

So, anyone up for homebrew Halo?

thanks to yaustar for the heads-up

http://digg.com/gaming_news/Homebrew_based_Microsoft_on_franchises_now_allowed


http://www.play-asia.com/paOS-1e-74-jl-49-en.gif (http://www.play-asia.com/SOap-23-83-50ep-71-dw-49-en-84-j-70-21qh.html)

sonofsamus
August 14th, 2007, 01:31
*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.
I'll pass, thanks.

Tetris999
August 14th, 2007, 01:36
this is like: make games for use microsoft doesn't have any more money and we need you to help us with publicity!

DaKik
August 14th, 2007, 01:37
It might sound great, but I don't think it will lead to anything THAT great!

Airdevil
August 14th, 2007, 02:13
It might sound great, but I don't think it will lead to anything THAT great!

Yeah i agree with that. I mean if someone was to make something really great. They wouldnt care with these such laws and mark + release it no matter what condition the copyright was in.

This is just a way for microsoft to get more people into buying the originals i think.

Pilot_51
August 14th, 2007, 03:20
The rules are far too strict for a port (no source code).
Now that I look at the rules again, (correct me if i'm wrong) you could basically take out all the audio and trademarked logos and names and then hand it out. Of course, it would be kinda crappy if the audio wasn't replaced.

I don't think anything worthy of being called "homebrew" would come out of this, since homebrew usually involves a lot of work and nobody would want to put that much work into something restricted by so many rules (especially rules preventing profit or recognition).

acn010
August 14th, 2007, 03:27
true true... i dont see the point

Broadus
August 14th, 2007, 03:39
Yeah, it's pretty confusing, especially the part where they say you can't make up anything for the game's "universe", which seems to destroy the point in making a fan game.
And people besides yourself can't work on what you create? That's only slightly less inane than the no-expanding-on-universe thing.

Elven6
August 14th, 2007, 04:28
This probably means you can skin characters, probably not make new worlds or anything.

jamotto
August 14th, 2007, 04:59
They seem to be allowing website's to post gameplay video and screenshots without getting permission first. So you could now post gameplay video on youtube, for example, without having to worry that the stuff will get pulled due to copyright infringement.

IamAbe
August 14th, 2007, 05:06
why is everyone so negative??? anyway, i'm shocked microsoft did that, now if nintendo did something like that....

Broadus
August 14th, 2007, 05:20
So we can't make anything, but we can record stuff and put it on YouTube worry-free.

Joe88
August 14th, 2007, 05:33
why is everyone so negative??? anyway, i'm shocked microsoft did that, now if nintendo did something like that....

well theres so many rules and restrictions that nobody even wants to bother with it
and just take the easy route...

pibs
August 14th, 2007, 06:00
Well they are a few strict rules.


Few? lol leave it to microsoft to suck the life out of everything

Eyedunno
August 14th, 2007, 08:03
While I agree that this probably won't lead to anything amazing, I think it's a step in the right direction, and it shows that Microsoft has some respect for its consumer base. I've never had a strong desire to own a Microsoft console, but it's mainly because I'm not interested in the games and not because I hate Microsoft. Like any big corporation, Microsoft is easy to dislike, but they pay attention to the consumers, and have for a long time.

Now Sony, on the other hand...

yaustar
August 14th, 2007, 10:19
Well, nothing is saying you can't make a homebrew game using screen grabs. For example, you can make a sprite sheet of Master Chief using screen grabs as long as it doesn't refer to the Halo name or universe.

Thin line but I can't see anything in the rules that says you can't do that (barring IP rule which is very gray and open to interpretation).

Jayenkai
August 14th, 2007, 10:23
Much like SonofSamus, I'll agree that the "No backstories/lost chapters/etc" thing is a bit dumb.

I mean.. What else is there?
Unless you're just going to point-blank port the games, or do a "In 2D!!" thing, what else can you really do with it?

yaustar
August 14th, 2007, 10:32
New stories/IP not related to Halo (e.g Like Red vs Blue did).

b8a
August 14th, 2007, 11:50
I'm not a fan of Microsoft or any of the games listed, but even I can see that this is a generally positive move.

PSPDemon's Halo Iris mod recieved a cease and desist that didn't really make sense to anybody at the time, but thanks to this policy change anyone who attempted to create such a mod would be 100% in the clear now (as far as I can tell).

And actually, the policy posted doesn't explicitly grant many rights that US citizens didn't already have, but by making this policy public, Microsoft is essentially acknowledging those rights, which means that you no longer need to worry about them threatening you over related shaky legal concepts. Being the highly litigious company that they are, that should deffinately count as good news.

yaustar
August 14th, 2007, 12:48
PSPDemon's Halo Iris mod recieved a cease and desist that didn't really make sense to anybody at the time, but thanks to this policy change anyone who attempted to create such a mod would be 100% in the clear now (as far as I can tell).

Not really. The Halo mod infringes on MS IP. It is using the Halo name and using new assets that look very similar to the actual game. Since you are not using the original game content 'output' (ie not actual assets), the homebrew assets are technically infringing on the IP of MS's Halo.

It is a legal gray area that isn't fully explained in the statement.

.:}<3\/!}\{:.
August 14th, 2007, 12:57
pointless crap.

TeenDev
August 14th, 2007, 15:14
HAH! That means my Halo 2D DS homebrew game is completely legal!

solid12345
August 14th, 2007, 17:38
Actually these rules are VERY fair

You can't sell your creation? Big deal, it is Microsoft's IP, deal with it. I would be pissed if somebody on the internet stole one of my cartoon characters, made a game and tried to sell it too.

You can't use the game's assets? Again that is fair too. Besides, if you can't come up with anything great without copying and pasting, well you need to do better.

This reminds me of a story a year back where Bill Gates said he wants to somehow bring the mod community in rather than push them out, within reason of course. And it seems Microsoft is now trying to do this while Sony and Nintendo wouldn't touch this with a 10 foot pole.

jools
August 14th, 2007, 18:00
it's a step in the right direction :)

J sims
August 14th, 2007, 21:07
so is haloid illegal to make

http://youtube.com/watch?v=Md-QkCquOHE

sonofsamus
August 15th, 2007, 00:06
Actually these rules are VERY fair

You can't sell your creation? Big deal, it is Microsoft's IP, deal with it. I would be pissed if somebody on the internet stole one of my cartoon characters, made a game and tried to sell it too.
As you may or may not have noticed, not a single person has complained about being unable to profit from this.

All MS wants is free advertising, courtesy of gamers.

yaustar
August 15th, 2007, 10:06
so is haloid illegal to make

http://youtube.com/watch?v=Md-QkCquOHE
Nintendo may mind the use of their models but from Microsoft's point of view, no.


As you may or may not have noticed, not a single person has complained about being unable to profit from this.

All MS wants is free advertising, courtesy of gamers.
They just given rights to to people who want to do things like Red vs Blue and share without fear of legal repercussion.


HAH! That means my Halo 2D DS homebrew game is completely legal!
Not if it has Halo in the name.

devmas
August 16th, 2007, 06:50
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.
That's the only real downside of this whole thing.

What's the point of creating a fan game/movie/comic/whatever if it doesn't expand on the original story? Would I read a fan comic of the actual Halo story?

...though I do wonder about what other companies think of fan creations. As an example, right now, there is a practically perfect PC representation of the original Legend of Zelda (http://zeldaclassic.armageddongames.net/), and Nintendo doesn't seem to mind...

yaustar
August 16th, 2007, 11:15
...though I do wonder about what other companies think of fan creations. As an example, right now, there is a practically perfect PC representation of the original Legend of Zelda (http://zeldaclassic.armageddongames.net/), and Nintendo doesn't seem to mind...
It varies, some companies don't notice until it becomes really public (e.g. Chorno Trigger 3D remake) and clamp down with C&D. Others don't mind as long as it doesn't hurt their image or IP. A lot of remakes etc just don't become big enough to care about.