I'm not a lawyer, but I believe it falls under the derivative works section of our copyright law. At any rate, has the back-end of this been solidified? Online of Off? Are we going to use flash? Ren'py? Brand new code? Personally, I favor Ren'py due to that the platform is already established and that it's a fairly robust system, allowing for VO, multiple storylines, mini-games, onscreen character movement, and is based on python.
The owner of a copyright has the exclusive right to prepare derivative works based on that copyrighted item under 17 U.S.C. § 106(2). US Copyright Office Circular 14: Derivative Works further states that:
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. The owner is generally the author or someone who has obtained rights from the author.
Thus, one who creates an unauthorized derivative work violates the derivative work right.
We don't have derivative work right. You're thinking of Creative Commons.
But the OS tans have trademarks in their names and could be confused with being associated with the companies if mentioned out of context of the game. Think how the Daily Mail would see a game like this.
If we refer to them as 98-tan, me-tan, 2000-tan, XP-tan, Vista-tan I think that will be okay. If you make reference to the trademark/logo - colors, part of name, design elements - without actually going ahead and plastering the windows logo all over everything, then it should probably be safe. Probably.
...And who the fuck cares what the Daily Mail thinks? They'd get their pants in a bunch over just about everything. Imagine the uproar if they knew about yaoi.
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At any rate, has the back-end of this been solidified? Online of Off? Are we going to use flash? Ren'py? Brand new code? Personally, I favor Ren'py due to that the platform is already established and that it's a fairly robust system, allowing for VO, multiple storylines, mini-games, onscreen character movement, and is based on python.
...And who the fuck cares what the Daily Mail thinks? They'd get their pants in a bunch over just about everything. Imagine the uproar if they knew about yaoi.