Proposed EU law could affect PES OFs

Emroth

Champions League
18 August 2018
Ireland
I was having a discussion with a guy on twitter about it. I really cant see it being as dark and scary as people think. I do believe main reason for it were artists and movie companies, who were losing a lot through sharing. I can see them clamping on songs, movies, concerts on youtube.
But I cant really see them going after regular people who created some custom clip or shared a bleeding kit.
There has to be a middle ground. Youtube, facebook, twitter, Konami and all others - they need community. They depend on community. Lets not go mad. If they become too anal - we might as well go back to Nokia 3310.
I honestly wouldnt panic too much. I think people are painting much more scary picture than it will look in reality.
 

PeterC10

League 1
31 May 2007
United Kingdom
Liverpool FC
It'll be literally against the law whether it's on PC or console - but of course, it'll probably be easier to "get away with it" on PC, granted.
Don't see it being an issue, for the free patches anyway on PC. Against the law yes, but isn't for example Sany's awesome installers against the law because they give you a pirated version of PES?

Dreadful law anyway, very surprised it passed. Hopefully PES OFs/Mods are a bit too small to get attention but still. EU elections in May, worth checking who voted for the law to see if they are in your area!
 

PeterC10

League 1
31 May 2007
United Kingdom
Liverpool FC
But presumably it will still be okay for people to pay the football clubs to wear their branded clothing with club logos and emblems on their clothing. Thus freely advertising for these clubs who might sue for infringing the said intellectual property in a game? The world is an arse.
Depends if it has an old supplier/sponsor, if it does then best cover this up to be safe. :D
 

Chris Davies

Chief PESsimist
Staff
14 May 2003
Tranmere Rovers
I do believe main reason for it were artists and movie companies, who were losing a lot through sharing. [...] But I cant really see them going after regular people who created some custom clip or shared a bleeding kit.
Clubs (call them "artists") could easily say they're losing money through people buying PES and not FIFA to play as the team they've licensed to FIFA. EA (call them a "movie company") could claim the same thing.

It's the same situation as the one you state about artists - except obviously it's not in the "real world", PES's sales don't compare to FIFA's, but the "real world" doesn't matter because the "legal world" is something disconnected from common sense. The law says it's illegal now and it definitely covers this kind of thing, because the law literally states things like this:

[Article 13] requires companies behind storefronts and services that provide user-created content to monitor that content for breaches of copyright

Now currently, user-created content is distributed outside of that storefront/service system, but the content itself is still copyrighted, and now it will be law for someone to find and police this content, and not looking the other way when they find it.

If people are nervous of using something as simple as a meme because of this stuff (even though there is an allowance for "parody") then... It's something to be concerned about.
 
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Ciais

Random Unknown Guy
1 January 2006
Genoa, Italy
Genoa CFC
:THINK: I don't know, I 100% get your point, but I don't ever believe it'll come to that, at least regarding football game mods.

As far as I know, copyright holders could always issue a cease-and-desist order, for example Maserati if you put one of their cars in a racing game that didn't have any Maseratis.
They just never bothered, and I don't see why they should start now -- not unless people start charging for mods, I believe, or developers actively encourage mods (like Bethesda).

From what I gathered, this is just an Article to regulate internet filters, just like Youtube blocks videos if certain songs or copyrighted contents are in it -- but Youtube has always done that.

So, as far as I know, any mod in here or any other football gaming site, has always been "under the table": for our own personal enjoyment only, very hush hush so to speak, in no way endorsed either by EA or Konami.

Just my 2 cents, but I could be wrong :))
 

slamsoze

Premiership
28 September 2010
I was having a discussion with a guy on twitter about it. I really cant see it being as dark and scary as people think. I do believe main reason for it were artists and movie companies, who were losing a lot through sharing. I can see them clamping on songs, movies, concerts on youtube.
But I cant really see them going after regular people who created some custom clip or shared a bleeding kit.
There has to be a middle ground. Youtube, facebook, twitter, Konami and all others - they need community. They depend on community. Lets not go mad. If they become too anal - we might as well go back to Nokia 3310.
I honestly wouldnt panic too much. I think people are painting much more scary picture than it will look in reality.
I am not so sure if it is harmless either.
Look for example at the torrent-type sites and torrent search-engine. They were illegal since i remember my "internet-self", but only the lattest years, there is such an intensive war against them, sites changing domains every 15 days or website owners being arrested.
In last two years i have read more than 5 posts on reddit etc , from people (server,site/owners) torrent-related, who announced their resign, cause they were accused for piracy or were afraid of being arrested.
I agree, it seems difficult to go against a regular single person for creating a kit or a logo or even a whole Option File. But if the go to license violation hunting madness, i can't i say that it is impossible.
 
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Emroth

Champions League
18 August 2018
Ireland
If people are nervous of using something as simple as a meme because of this stuff (even though there is an allowance for "parody") then... It's something to be concerned about
Thats exactly the reason why I find it silly. Coz its borderline parody at his point.
Its kinda like my wife, when she shouts at me that we will all get murdered coz I left a window opened. As much as what she says is plausible and there could be a murderer just outside, waiting for me to leave the window opened, I think its highly unlikely..

Clubs (call them "artists") could easily say they're losing money through people buying PES and not FIFA to play as the team they've licensed to FIFA
If that happens (again - highly unlikely IMO), then PES will be forced to finally give us proper, detailed and user friendly edit mode, where we could sit and create everything ourselves. Like good old days. ;)
 

pacpes

PES ♥
5 August 2015
Romania
Chelsea FC
They just never bothered, and I don't see why they should start now
They now have the permit to go even after the most absurdly minuscule copyright infringement. It's a very pro-corporate law, as if they didn't have enough power already...
 

rockstrongo

World Cup Winner
25 August 2006
Sweden
Hammarby
They will clamp down like hungry Wolves.
Anyone see the notification on those 2-3 guys who sold illegal streaming devices to pubs in England?
They got 7-6-3 years in jail for that.
Not to compare with option files,but yes they will go after this.
Lawyers are gonna lawyer,and companies (clubs/leagues/rival football game producers)are going after this.
 

gabe.paul.logan

Golden Boot Winner
7 January 2007
Budapest
Hungary
So how does this affect evo-web at all? Especially the editing section?
On top of that this is just a pile of.. restricting freedom of speech, its not about copyrights and fair use at all. We are going backwards in evolution.

This discussion might as well will go down on the politics routes so sorry. But it is what it is.
 

gabe.paul.logan

Golden Boot Winner
7 January 2007
Budapest
Hungary
Just wait until it gets to the "your comment you about to enter is prohibited on our platform, please rephrase it to suit our policies" state. Or when there will be no comment section at all anywhere. A few decades and well be there if this continues like this.
 

fefepes

League 1
2 July 2018
as long as have manual edit mode still i'll be ok. can make use the paint tools to make kit good enough in game camera mode
 

Sami 1999

Noob
28 June 2015
There's an easy solution to all this. Maybe just ban EU countries from accessing option files, internet so that other non EU European countries, America, Asia can use internet peacefully.

Also if the sites are hosted on non EU country, then shouldn't they be free from EU laws. Maybe then those websites will be inaccessible from EU internet but other countries can access it. Then EU countries can access those websites via VPN just like how people use VPN to pirate games on some countries.
 

Sobakus

League 2
1 October 2018
Willemstad
So some millionaire showbusiness pricks lobbied this through I guess. Yeah, hopefully PES is not affected. But even if it is, it's ok. Because just like the rest of digital piracy, they will never keep us down! We will mod consoles, use VPN, switch to PC, whatever it takes! It will be fine.
 

gabe.paul.logan

Golden Boot Winner
7 January 2007
Budapest
Hungary
as long as have manual edit mode still i'll be ok. can make use the paint tools to make kit good enough in game camera mode
Yes but where you share it? That will be prohibited within the EU. And yet if you make a non eu site, downloading mods from that will be still considered as piracy or whatever they label it.

Also i can imagine that one day the PAL version of PES have to be released without importing functions not to encourage piracy or - again - whatever they label it.
 

hitmanuk

International
23 October 2002
uk
Why would they remove it though.. They'd just advertise it differently as you can add your own custom you've created. It's up to the user if they dow load and insert copyrighted kits.. Its no difference from now really.. I'm surprised nike/addidas /EA sports haven't come down heavy on the sites making a ton of money off the OF
 

gabe.paul.logan

Golden Boot Winner
7 January 2007
Budapest
Hungary
Why would they remove it though.. They'd just advertise it differently as you can add your own custom you've created. It's up to the user if they dow load and insert copyrighted kits.. Its no difference from now really.. I'm surprised nike/addidas /EA sports haven't come down heavy on the sites making a ton of money off the OF
Belgium already banned some feature of the game within the country. So why not? Not Konami exactly who controls the market.
 

fefepes

League 1
2 July 2018
Yes but where you share it? That will be prohibited within the EU. And yet if you make a non eu site, downloading mods from that will be still considered as piracy or whatever they label it.

Also i can imagine that one day the PAL version of PES have to be released without importing functions not to encourage piracy or - again - whatever they label it.
i wouldnt share it. edit it for myself only
 

xPJRx

PESFX
17 November 2010
London, Uk
Liverpool FC
@klashman69 - You miss the point mate.
The second you put all that created content that contains brands, logos, sponsors and intellectual property etc on a USB stick and accept payment for it, whether you believe you are charging solely for the USB, it becomes an illegal breach of copyright law.
Using the sports brands/club logos/sponsor logos in any capacity when charging a fee is misappropriation, it doesn't matter if you say 'we charge for the USB not the content', the USB is a vehicle for providing copyrighted content, same as if you charge for a download link, same principle, clearly outlined and stated on many websites regarding copyright theft that you can look up yourself.

I admire what you guys do in filling that gap and providing a way for fans to get the most out of a shit, half-assed game, seeing as Konami don't even do the bare minimum, and believe your intentions are good but you cannot dress it up, you guys commit copyright theft, simple as that.

If you designed a logo, a bespoke piece of artwork, and registered a copyright on it, then someone else stole that image and sold it on and made a profit from it, its copyright theft. That's exactly what PESUniverse do even if the 'profits' are so minimal that it barely keeps the site running.
 

hitmanuk

International
23 October 2002
uk
I think it's irrelevant if you take payment. You pay to use the licenses in games for the copywrite.by selling the usb stick It's like selling a dodgy football kit on a Sunday Market. Not legal.
 

klashman69

Fight the Power!
28 November 2007
I Travel.
@klashman69 - You miss the point mate.
The second you put all that created content that contains brands, logos, sponsors and intellectual property etc on a USB stick and accept payment for it, whether you believe you are charging solely for the USB, it becomes an illegal breach of copyright law.
Using the sports brands/club logos/sponsor logos in any capacity when charging a fee is misappropriation, it doesn't matter if you say 'we charge for the USB not the content', the USB is a vehicle for providing copyrighted content, same as if you charge for a download link, same principle, clearly outlined and stated on many websites regarding copyright theft that you can look up yourself.


I admire what you guys do in filling that gap and providing a way for fans to get the most out of a shit, half-assed game, seeing as Konami don't even do the bare minimum, and believe your intentions are good but you cannot dress it up, you guys commit copyright theft, simple as that.

If you designed a logo, a bespoke piece of artwork, and registered a copyright on it, then someone else stole that image and sold it on and made a profit from it, its copyright theft. That's exactly what PESUniverse do even if the 'profits' are so minimal that it barely keeps the site running.
Or you could buy the blank USB which comes with a membership to the site to receive accessories, exclusive non licences content and guide which can be be used to obtain a link of free 'copyright' content to be used with the USB.

Essentially in hard terms if stated on the product of purchase that it was brought in conjunction with copyright material is a breach of the law. However if the product purchased itself is not stated to arrive to the customer with any copyrighted material.

Then again this new law seems to fuck us as soon as we create or upload any copyrighted content regardless. I mean if i upload my 4K Arsenal 2002-2004 Kits i made this breaches this law so we are screwed whatever we do.

All in all we need some help from Konami. No doubt EA have pushed a lobbied for this.
 
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