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I want to preface this with a giant thank you to all of you for the tremendous support over January. You now know that January had to be the most adversity we have been forced to face since starting up this venture 8 months ago. When we started this we wanted to do things differently. We wanted bring an experience, not just with the content, but with how our Patreon is run. We wanted to show this in good times and bad. Support retracted in January but it wasn’t as bad as Sunset and myself were expecting, which is a good thing. February will mark a full month of development on Path of Kings, and will hold the first meeting on the continued development of our previous project (starts with an I and ends with an ice....also has a T, and a, U in it, god damn UnJustice or something like that...lol).

February will show the continuation of our Web show (we need a name for it), and the continued growth of our YouTube channel. We are brainstorming ideas of the kind of content we want to bring you guys. Development of Path of Kings will hit a milestone with us this month and we will see the first examples of game mechanics at the end of the month (hopefully). We want to also have some of the first glimpses of content in this month’s build. There will be more game content to show the Insiders and upper support levels moving forward. Lastly we are going to hold off on our plans for the website and merchandise this month, it will be back on the table in March depending on support levels. We want to thank you so much for sticking it out through January


Important Dates

Web show: February 11,25 (8:00 pm CST)(Early access 7:30)

Path of Kings v 0.0.2 February 28th

Comments

Anonymous

Yea, and Injustice is nowhere... Seems you dont want to finish your games....ű

gunsmokegames

February will mark a full month of development on Path of Kings, and will hold the first meeting on the continued development of our PREVIOUS PROJECT.

Drazhoath

Me he could still work on it and put it up on HF or his tumblr. Plus where did rouge go?

gunsmokegames

Guys we have a lot of things to consider with Injustice. Like what implications are there if we do release it on other platforms (sorry if we don't just take your word for it), can we just rename it? Do we have to change any assets? how much more work is there to be completed? when can we devote enough time towards its development? where will we host the file when we eventually release it? Can we promote it? How do we promote it? How can we protect ourselves if WB comes after us? Can WB still come after us? What are the laws in Canada, vs USA? If we went forward initially right after the DMCA we wouldn't have any project for a few months as some of these questions may require professional legal advice. We need to to protect both your interests as a supporter and ours as a creator. This is a very delicate situation that doesn't require haste. For those who think hey just re-skin it, that may take upwards of 500 hrs alone not to mention having to code the rest of the game. So as you can see we need better numbers estimates won't due and we need to find the most efficient and safe method to complete this project. We will have all the details of our plan laid out at the end of the month. - SmokeShank

Wanderer

random name for webshow "Sunset Showdown" "Sunset and Smoke"

Saf

Everything made perfect sense and I will continue to fully support you since I'm curious what PoK will bring - but the word "re-skin" makes me uneasy. Kind of sounds like all the nice super heroins will be gone... I hope re-skin is just a loose word for "re-name" :)

gunsmokegames

Totally something we want to avoid due to the immense workload involved - smokeshank

hornguy6

In regards to the legal aspects of it, I'm 99% certain that Injustice would fall under parody law as I understand it (disclaimer: I am not a lawyer). According to the Supreme Court: "a parody is the 'use of some elements of a prior author’s composition to create a new one that, at least in part, comments on that author’s works.' Id. at 580. Like other forms of comment or criticism, parody can provide social benefit, 'by shedding light on an earlier work, and, in the process, creating a new one.' Id. In other words, parodies can be considered 'transformative' works, as opposed to merely 'superseding' works. Since transformative works “lie at the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright," Alone as with only game mechanics and characters, Injustice probably wouldn't fall under parody but with with the dialogue it does because it provides commentary on the characters. Lex, Mercy, Harley, Joker, Gorilla Grodd, Tala, they all have speaking lines that make fun of them or provide commentary on their relationships with one another. The biggest problem you'd face is if they actually decide to pursue legal action regardless, there's every possibility that they'd win simply because of resources. On the other hand, it would also stand to reason that they might not want to waste money on the high billables of a lawyer for such a "small problem." So those are both things to consider. I greatly hope that you won't finish your work on Injustice, both because I think it's a great idea and because I think that you are in the legal right of it anyways, so best of luck to you.

gunsmokegames

I doubt anything would come of it legally, that's not really the problem. WB sent the DMCA to Patreon, not us. We were given the choice to take down anything that was infringing down or be permanently banned. Work will still continue on Injustice eventually, just not right now. The point of an OC game is to have something that can actually be a project for Patreon, so something can actually be put on here.

gunsmokegames

To add to what Sunset said above, we are also in Canada which has vastly different copyright laws, along with how our court system works. Up here you cannot just sue someone easily, also we have incredibly powerful privacy acts. The problem really is if the project is hosted on a US or similar based provider they can ban us and remove all content WITHOUT NOTICE. Due to the fact that they have to abide by US laws. Now the real questions we need to ask is what legal repercussions could we face in Canada. As far as I'm currently aware that for non-commercial infringement the maximum fine we could face (or WB could get) is $5000.00. Meaning that Canadian courts have made silly copyright violations something they don't want clogging up our court systems with. Where the question now lies is how much can they connect our Patreon to being a commercial enterprise, and if they could prove that it is we could see the maximum fine rise significantly. The scary thing about this is it would be up to a court to decide (meaning litigation..something we want to avoid at all costs). So really our only action at this point is to separate our Patreon as much as possible, this will come with time. But as I stated earlier we need to be very careful as we are extremely new and lack any significant resources to back us in a legal battle. If it came even to a slap suit of any kind we would fold and all your support would be lost. This is our greatest concern. In a situation like this we cannot and will not just go on "doubts, or best guesses" we need solid advice and much more research in order to protect your money, and our livelihoods at this point. -SmokeShank

Corbo

The Smoke and Sunset smile time variety hour.

Dinker

Simply using a set of characters and writing them in new situations isn't enough to be considered commentary especially when the creators are making money on their commentary. Parody is a very tricky thing to prove, because it basically has to proven to provide some commentary of worth. And if they did want to make that argument... they have to get lawyers. And go to the US. And then lose because the entertainment industry has more money than god to throw at things like this.