What Are Your Thoughts On Name Stealing?

[davidthefat]

Yes, I am making this thread because of Pokemon Twilight. I have mad respects for Game Fortress and his game he started making like 6 years ago. He got me hooked on game development, I can confidently say that, even though I am past the whole Game Maker period long time ago. I can also confidently say that he is the first to make a successful Pokemon fan game from scratch using Gamemaker. But this guy come along, and uses that name for his fan game, I have asked him to change it because of the obvious reason why, but he refuses to, saying he came up with it in 2008. I can say that Game Fortress made that game in 2004, which is 4 year before he even came up with that idea. Now who has the right to the name? I would say Game Fortress. Now you can also bring in the fact that these are fan games we are talking about, then we would have to go by the fact who has more progress. I would say Game Fortress has more progress due to the fact that he made his game engine from scratch, and got pretty far. Also by going with fan base, I can say Game Fortress also wins in that area too, he has/had several active forums and threads just dedicated to Pokemon Twilight, which I can also say is alot more than his thread with a couple guys responding to.

P.S. Keep in mind there are multi million dollar law suits in the real world for even the slightest un authorized name references out there. This disscussion is not outrageous at all, he is copying the title word by word.

 

[lx_theo]

Did they go an copyright Twilight? I've seen companies go reserved and copyright any potential name they may use way before they release info on it. So do either have a right to the name? No. Its also not steal if he don't take it directly from them. Its not like its an uncommon idea for a name. To make a thread about this is unreasonable. If they really didn't want someone using the name, then they would done something a bit more original than common word often associated with coolness in that context on a common basis.

P.S. Keep in mind that no matter how much you have for this game, its your love and not everyone else's. Some may agree with you, many might even if you're lucky, but its not your right to try and force him to change the name.

 

[davidthefat]

Did they go an copyright Twilight? I've seen companies go reserved and copyright any potential name they may use way before they release info on it. So do either have a right to the name? No. Its also not steal if he don't take it directly from them. Its not like its an uncommon idea for a name. To make a thread about this is unreasonable. If they really didn't want someone using the name, then they would done something a bit more original than common word often associated with coolness in that context on a common basis.

P.S. Keep in mind that no matter how much you have for this game, its your love and not everyone else's. Some may agree with you, many might even if you're lucky, but its not your right to try and force him to change the name.

Honestly even if its not copyrighted, its a taboo even in the game development community to copy names. I mean game development from scratch using C++, not like Game Maker or RPG Maker. Honestly in anything, its a taboo to copy someone's work's name.

 

[lx_theo]

Honestly even if its not copyrighted, its a taboo even in the game development community to copy names. I mean game development from scratch using C++, not like Game Maker or RPG Maker. Honestly in anything, its a taboo to copy someone's work's name.

A name doesn't make a game...


And as far as I can tell, it doesn't. Many simplistic names like Twilight are going to be copied over and over again because past works in this area don't have a recognizable history among many outside of the community in which it was founded. And they have. If someone called a proghram they made Program X, and there was a large enough community for this to be reasonable (as it is in Fan Game Development), then do you really expect no one to ever name a program of theirs Program X again? Its a generic name.

 

[davidthefat]

A name doesn't make a game...


And as far as I can tell, it doesn't. Many simplistic names like Twilight are going to be copied over and over again because past works in this area don't have a recognizable history among many outside of the community in which it was founded. And they have. If someone called a proghram they made Program X, and there was a large enough community for this to be reasonable (as it is in Fan Game Development), then do you really expect no one to ever name a program of theirs Program X again? Its a generic name.

I disagree, if you google pokemon twlight, there are TONS of links referring to it, just because THIS community never heard of it does not mean other communities with equal or greater popularity has not heard of it

 

[Crazyninjaguy]

Well first of all i'd like to thank you for slating me and my game, really helps me get it off the ground.

It can't really be stealing if i'd never heard of it before. Sure if i'd done a little googling i'd have found it, and if it was a proper game being published, i'd get sued for it. But the point is, that it's a fangame, therefore the only copyright infringement to be worried about is from Nintendo, and they seem to like the idea of fangames as they hold a fangame convention.

I chose the name 'Pokemon Twilight' because it suits the mood for my game and i like it, for no other reason than that.

I mean sure, the guy that made the 'original' Pokemon Twilight looked like he had put a lot of time and effort into making it, and kudos to him, it turned out pretty good. But is using a name i thought was free, stealing?

Sure the guy made it 4 years ago, i'm not disputing that, but as i said in my thread, there are a ton of fangames called Pokemon Jade out there, and i think that's fine really, as long as someone hasn't copyrighted the name, then it should be free to use.

Also, being called 'this guy' or 'that guy' is pretty demoralising :/

Well that's my opinion, i tried to keep it short but meh.

 

[Spira]

I'd say if the game hasn't been released or if it's not in development (abandoned) by someone for over a year, it's fair game. Otherwise it should be changed IMO.

 

[Alistair]

To be honest, I think you are just stirring up trouble for the heck of it. If Game Fortress were around this community, I don't think he would care. For one, both parties are making fangames. They are already infringing on several copyrights and intellectual property laws.

And because of the nature of Pokémon fangame naming in general, names end up being recycled/reused all the time. Pokémon Purple? It's been used before. Same with Orange, Bronze, etc., etc. So, what's to say that Game Fortress came up with it first? Nothing, because we will never know. Just because his attempt at a Pokémon fangame is successful, it doesn't mean that he came up with it first.

But we could also take a look at the nature of the name itself. Twilight, in itself, is an interesting subject, and maintains a sort of mystique to it. In fiction, twilight is used as the basis for many supernatural events, such as werewolves, death, or even rebirth. Twilight is also a beautiful phenomena that occurs when the moon reflects sunlight off of itself and onto the earth. To say that a subject with this level of intrigue can only be used once or thought of originally by one person is laughable, at best.

Finally, why are you going around telling the creator to change the name? You aren't Game Fortress, and have no authority to do so. If you are so worried about the stupid name, tell Game Fortress. Don't go and act like his lawer, because you clearly aren't.

EDIT: Oh, and to add a little bit more, this isn't the corporate world. As I said earlier, everyone who makes a fangame is already infringing on many copyright and intellectual property laws. While I would have a much greater concern if both games were completely original, they aren't. And I'm fully sure it's up to the discretion of the staff here as to whether the name is good or not.

 

[Colbex]

There are tons of names for everything.. There's basically no color or stone left to call a fangame by, that's why people add on extra parts to game names in order to avoid these types of situations, but even then they'll get mixed up. Googling a name that comes from this site will not only show you the ones here in Game Development, but in ROM Hacking. Either way it's not too important. I guarantee there's 3-5 different versions under the name of Garnet, I found out recently there's another form of Cobalt, and stones such as Opal and Jade, don't get me started.
Anywho, I can understand if the creator of a game would like you to change the name of yours to avoid the same titles, but you just being a fan... it really shouldn't be up to you, let alone your god given duty* to tell him to change his title. o.o

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*god given duty - not to be taken in actual religious context. just a popular phrase.

 

[mr. ck]

Are these your personal feelings or Game Fortress's? Does he mind...?

It might not be stealing... I wouldn't name a game exactly as something else, for no reason... It's just playing with my own game's popularity.
And he'd probably end up changing it anyway?

It's just a fangame after all... You don't create one to gain reputation or popularity? You'd create a real game if you had to...

 

[The Cynic]

If it's not intentional then fine. Besides, you can always just through a dart at a periodic table and see where it lands. "Well looks like I'm going to call my game Pokemon Tantalium". Furthermore, by naming your game Pokemon "X" arn't you stealing the name of a well known Nintendo franchise anyway?

 

[Great Mazinger]

I propose we copyright every noun and adjective in the English language when prefixed the by word Pokémon. You can have all the other languages to yourself, though.

 

[~Frozen Darkness~]

I'm going to answer this in a sentence that can be said as a reply to any sentence in the world:

Who cares?

OMG, Two games have the same name! It's not the end of the world.

My main statement though is: If it's not copyrighted, you can use it. :D

 

[JakeyBoy]

Now who has the right to the name?

Nintendo?
I wonder if Sotomura will sue me...

I can think of a situation already where one team has came up with a name that someone already is using. The latter is still in development, and is not really out in the public yet. The other hasn't even started development as far as I can tell. Neither have probably ever talked to each other or maybe even gone on the same forum. Now you tell me: which one deserves the name?

The one who should ideally change the name is the one that isn't as good: when people search the name, the better one will be higher up on search engines, and will not lose out at all. So do what you want, but you can't force him to change a name. Ideally you could choose a less generic name.

 

[Worldslayer608]

Speaking of stealing names, Davidthefat was one of my friends wrestling persona's.

Please change your name, or I will file claims against you.

Thanks for your cooperation.

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Smart ass aside, you should just let it go. How many times has Pokemon Orange seen a separate creator?

It happens, and there is nothing you can do about it. Stop harassing the other guy, apparently CrazyNinja*, and move on.

Truth be told, the better version is the one who will make the name shine, maybe your buddy should step it up a notch.

 

[Spira]

There is a reason no one makes fan games that reuse the name of Pokemon Red and Pokemon Blue, etc. It's been done and is recognized; the games have been made. It makes people reusing the name look like a ripoffs or a name recognition leeches. Some of you say it's ok, but we all know you would be offended if: Someone posted a project with the same name as yours (especially on the same page), was finishing it quicker, put your project to shame in scope, even completed the project before you. There are tons of possible names for a Pokemon game, especially since only handful are actually completed.

TLDR: Using names of completed projects makes you look unoriginal and lazy. My 2c.

 

[Glitchfinder]

Well, I have a few comments for this thread. First off, you cannot possibly copyright a two word phrase, no matter what those words are, even if you made them up yourself. Copyright is reserved for images, audio, video, and bodies of text, and two words does not make a body of text. Not only that, but copyright is automatic in most countries. You create it, it's yours. You can register the work, but you don't have to. However, if the title was trademarked, then it would be an issue. However, I can guarantee it wasn't trademarked, because that is a long, expensive, time-consuming process that would have been blocked by the fact that you're trying to trademark something that is already trademarked by Nintendo. (Pokémon) In other words, the name is free for anyone to use, even if it was used already.

However, there is a difference between being free to use and being useable without breaking any kinds of taboo. Most programming communities have a sort of taboo against reusing names that have already been taken by other projects, even if those projects were miserable failures. On the other hand, certain names will become useable even if taken, simply because they are far too common. Pokémon Jade is a good example that has already been brought up. It is generally a very good idea to google a name before using it, to see if it's been used before. However, not everyone does that, and you have no right to force a new name on them because they didn't.

 

[davidthefat]

Speaking of stealing names, Davidthefat was one of my friends wrestling persona's.

Please change your name, or I will file claims against you.

Thanks for your cooperation.

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:shocked::classic:Say Hi to him for me


edit: so if I just make a game named Pokemon Raptor, you guys won't care? Or Origins? Or all the other names?

Well first of all i'd like to thank you for slating me and my game, really helps me get it off the ground.

You are welcome, there are game companies that got off because of controversies, look at Rockstar, they were a nobody company before GTA, now look at em. I targeted you mostly because I thought Game Fortress came with a new name and was advertising his game, eh, I was disappointed, but honestly I am still standing firm on my stance, name stealing is not cool.

 

[Worldslayer608]

It would be upsetting, but you need to keep in mind that those two games you stated have already solidified themselves a a game. Origins is still iffy in my opinion.

Twilight has not.

Who is to say that the name was deliberately stolen? Perhaps Crazyninjaguy thought of it and never looked to see if it was in use. It could have been something his game made him think up. No different then you thinking up the name Davidthefat.

If you are going to argue the fact that the name is already known within a community, then perhaps I should let you know that Davidthefat is actually a well known name in the Boise metro area and is known by a lot of people.

Your remark about controversy is a dumb one at best.

GTA was a widely distributed and BRANDED game. Pokemon fan games are nowhere near the level of such a game as GTA, even when GTA first came out. Also, the controversey was completely different than what is going on here.

 

[davidthefat]

It would be upsetting, but you need to keep in mind that those two games you stated have already solidified themselves a a game. Origins is still iffy in my opinion.

Twilight has not.

Who is to say that the name was deliberately stolen? Perhaps Crazyninjaguy thought of it and never looked to see if it was in use. It could have been something his game made him think up. No different then you thinking up the name Davidthefat.

If you are going to argue the fact that the name is already known within a community, then perhaps I should let you know that Davidthefat is actually a well known name in the Boise metro area and is known by a lot of people.

Your remark about controversy is a dumb one at best.

GTA was a widely distributed and BRANDED game. Pokemon fan games are nowhere near the level of such a game as GTA, even when GTA first came out. Also, the controversey was completely different than what is going on here.

It was a compliment to him and you make me sound like a dick... anyway, I am well known all over the teen misc, they range from USA to other countries... Oh Well, I guess my name sticks