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The Deal with "Fair Use", and Voltage Inc. Copyright

drawthecurtainstarttheplay, voltagechris, I’m making a seperate post for this, but here’s my explanation!

First of, Chris, you were absolutely spot on on what you said about Fair Use. It’s true that using material for teaching purpose, studies, citing for news, parodies pretty much cover it. Some companies elaborate more on this, stating to what extent you can use their material.

Now, let me be clear here. Voltage Inc. has never bothered to give us a “terms of agreement”, until just recently. Go to any Voltage App, I’m sure you will not find a Terms of Use Agreement anywhere but the “Enchanted in the Moonlight App”. More on this later.

Voltage has dealt with piracy, fan translated routes, full routes being put up on youtube, etc. As stated before by Chris, people don’t know copyright laws enough. Or they simply don’t bother with it.

Piracy in its many forms, as many of you is illegal no matter what. People just don’t care anymore, which is a sad truth.

Voltage can use their right as a company and terminate videos infrigmenting their Terms of Use.  That’s the thing. Voltage never gave us a terms of use. This, as far as I know, didn’t give them much leverage, and either they couldn’t do as much as delete users videos, or decided against it.

Now back to Enchanted in the Moonlight. You can read to the whole thing yourself, or simply look at the few points below that are taken from it

  • Any commercial use of the Application is prohibited. You shall be strictly prohibited from copying, renting, leasing, transferring, publicly transmitting, or otherwise distributing the downloaded Application, or transferring or sub-licensing the rights to use the Application.

So in short, this is their (first) written warning, that you cannot pirate the game. This statement comes into effect as soon as you download the game.

Next up; restrictions:

  • You may not(….)without Voltage’s specific permission, except where expressly authorized in the Terms of Use.

Would you look at that? You need Voltage’s permission now for specific stuff.

Your contributions: In short, unless you are authorized, you may not produce any related goods or services. 

  • If such contributions provided by you using the application give rise to any copyright or other intellectual property right (including the right to receive any intellectual property right; herinafter the same), YOU SHALL GRANT SAID RIGHTS TO VOLTAGE FREE OF CHARGE.

That’s something interesting on making fanstuff, I suppose? Putting it out here so that may be clear.

There’s a whole yadda yadda next on usage and information, that should be clear if you’ve played the games. Skipped that part and came to a good part;

  • If Voltage reasonably determines that you have performed a Prohibited Act, you shall be deemed to have materially breached this Agreement, and Voltage may immediately delete the relevant part or stop you from using the Services without notification to you.

Hey, that sounds absolutely reasonable, there, Voltage! A job well done on finally laying that down before us.

The next part is how Voltage is not responsible for a lot of things (that have nothing to do with copyright), and it can not be hold against them. These are actually really specific and interesting, but again, nothing to do with copyright act, moving on.

  • This agreement and the use of the Application by you  shall be governed by the laws of Japan (except conflict of laws principles). You expressly agree that the Tokyo Distrcit Court shall have sole and exclusive jurisdiction over any lawduit arising from or in connection with this Agreement and/or the use of the Application by you, and you shall raise no objections in relation thereto.

So. They can sue you now. 

It was signed on May 15,2013 by Personal Information Protection Manager, Matsunaga. 

——-

So, there you have it kids. With Voltage’s rising popularity, they’re laying down the ground rules, and boy, they are strict. For now, it’s only for the game Enchanted in the Moonlight, but I wouldn’t be surprised if they added the Agreement on their other games some time in the future.

Tagging a few people whom I also saw discussing this matter or show an interest in it;

chiapeto, akidrana, kaleidorn, otomesass

Back in November, I made arrangements with my apartment complex to move to a smaller apartment and thus be back to paying rent I can afford. Everything looked good and it was just waiting on some finalization to be done in the month before move.

Fast forward to a couple days ago, when I stopped by the office and found out that they did indeed have my paperwork, but the apartment had not been entered in their system as off market, so it had been leased to someone else. An attempt to get another apartment with the complex for the same price quoted me previously did not work out, and frankly this is just the last straw in what I’ve put up with at this complex.

So I’m moving earlier than planned, and with more costs than planned, because I will need to break my current lease rather than transfer it as I had hoped to do. I’ve found an excellent apartment in my price range nearby, with lots of amazing specials going on, and I get the keys for it this Friday. I have my rent paid on my current place through the end of the month, so basically I have time to do the packing and moving, just not as much as I previously thought.

But I’m gonna need some help, and that’s why I’m turning to you, tumblr. I hate begging but I kind of have to right now. If anyone can spare me some change to help with the costs of hiring movers for a couple hours to move my furniture, the deposit on the new apartment, and the penalties I’m facing for breaking my lease–well, I’ll be undyingly grateful. I’ve seen tumblr rally behind others who need support before, and I hope that someone out there will be able to lend me a hand.

If you can help out this queer cat lady who likes birds a lot, my paypal is shymollymawk@gmail.com. If you aren’t in a place where you can assist financially please do not extend yourself for me, but I would appreciate a signal boost reblog. Thank you so much.