So Cracked used one of my images...

[Arnoxthe1]

http://www.cracked.com/article_23540_6-kids-video-games-that-are-unintentionally-horrifying.html

They used this one specifically.

Which they got from here.

http://www.escapistmagazine.com/forums/read/9.833401-Banjo-Kazooie-Hi-Res-Images

To be honest, I'm a little bit flattered but I was thinking perhaps I should return to this and make HD pics of Banjo Tooie maps? I was gonna at first but I kinda forgot about it. As I said in that previous thread, if I do do this for Banjo Tooie, they will be the highest resolution you're ever going to get out of the game without seeing some massive clipping.

 

[Diablo1099_v1legacy]

http://www.cracked.com/article_23540_6-kids-video-games-that-are-unintentionally-horrifying.html

They used this one specifically.

Which they got from here.

http://www.escapistmagazine.com/forums/read/9.833401-Banjo-Kazooie-Hi-Res-Images

To be honest, I'm a little bit flattered but I was thinking perhaps I should return to this and make HD pics of Banjo Tooie maps? I was gonna at first but I kinda forgot about it. As I said in that previous thread, if I do do this for Banjo Tooie, they will be the highest resolution you're ever going to get out of the game without seeing some massive clipping.

Hey, only if you want to.
There is little point in slaving away on a project if you aren't getting something out of it yourself.
I have ZERO skill at map-making and such but I can't imagine it being too fun to do for hours on end so before you commit, you really need to ask if you are doing this for yourself or because you feel you have to.
If the latter, then you shouldn't, it'll only invite misery into your life otherwise.

 

[Arnoxthe1]

http://www.cracked.com/article_23540_6-kids-video-games-that-are-unintentionally-horrifying.html

They used this one specifically.

Which they got from here.

http://www.escapistmagazine.com/forums/read/9.833401-Banjo-Kazooie-Hi-Res-Images

To be honest, I'm a little bit flattered but I was thinking perhaps I should return to this and make HD pics of Banjo Tooie maps? I was gonna at first but I kinda forgot about it. As I said in that previous thread, if I do do this for Banjo Tooie, they will be the highest resolution you're ever going to get out of the game without seeing some massive clipping.

Hey, only if you want to.
There is little point in slaving away on a project if you aren't getting something out of it yourself.
I have ZERO skill at map-making and such but I can't imagine it being too fun to do for hours on end so before you commit, you really need to ask if you are doing this for yourself or because you feel you have to.
If the latter, then you shouldn't, it'll only invite misery into your life otherwise.

Oh, I'm not making maps, man. What I would be doing is going into Banjo Tooie and taking HD screenshots at perfect scenic points in all the maps and adjusting for any clipping that will inevitably occur when rendering any N64 game in widescreen. It will take some time to get them all indeed but yeah.

 

[Diablo1099_v1legacy]

Oh, I'm not making maps, man. What I would be doing is going into Banjo Tooie and taking HD screenshots at perfect scenic points in all the maps and adjusting for any clipping that will inevitably occur when rendering any N64 game in widescreen. It will take some time to get them all indeed but yeah.

Ohhhhhh.....In THAT case, sure, go for it man

 

[FirstNameLastName]

I didn't see them credit that image to you in their article. I say file a lawsuit against their parent company. Based on the description of everything you had to go through just to get that shot, you could probably make a case against them and walk away with some $$$$. If anything they'll probably cut you a check and settle out of court just so you'll go away. Why not try it? (If they do cut you a check I expect a consultant's fee, of course, for giving you the idea.) Go get 'em!

I honestly can't tell if this is a joke or not ...

Just on the chance you're actually serious, how could someone really sue or even expect credit for a screenshot they took? Having a slightly fiddly experience with an emulator (possibly illegal in and of itself) isn't really enough to change the fact that this is just a screenshot.

 

[FirstNameLastName]

I honestly can't tell if this is a joke or not ...

Just on the chance you're actually serious, how could someone really sue or even expect credit for a screenshot they took? Having a slightly fiddly experience with an emulator (possibly illegal in and of itself) isn't really enough to change the fact that this is just a screenshot.

He took the picture, meaning he owns it. They used it on their commercial website, without asking, or crediting him, so he has a case. You clearly don't live in California. You can sue somebody for hurting your feelings here, and win. He'd be foolish not to sue. The WORST that can possibly happen is your case is dismissed.

I mentioned the legality of emulators before, and I'll do it again. In many places using an emulator, especially for a rom you don't own (which is probably the case here) is illegal, so it's probably a bad idea to draw attention to the fact that you've pirated games when building a legal case.
This is of course one of those laws that they don't often enforce because it would take too much time and effort to stamp out, but it would be most unwise to march into court and tell people what you've been doing.

So no, your case being dismissed is not the worst thing that could happen. The OP's (most likely) illegal acquisition of these screenshots puts him in no position to be pursuing legal action.

 

[FirstNameLastName]

I mentioned the legality of emulators before, and I'll do it again. In many places using an emulator, especially for a rom you don't own (which is probably the case here) is illegal, so it's probably a bad idea to draw attention to the fact that you've pirated games when building a legal case.
This is of course one of those laws that they don't often enforce because it would take too much time and effort to stamp out, but it would be most unwise to march into court and tell people what you've been doing.

So no, your case being dismissed is not the worst thing that could happen. The OP's (most likely) illegal acquisition of these screenshots puts him in no position to be pursuing legal action.

Says you. In reality, how he got the screenshot in question is irrelevant. The fact is, the OP took a picture. He owns that picture. A commercial entity used his picture without his knowledge or consent, for their (arguably financial) gain. Therefore, he has a legitimate case, and would likely win in court, or (more likely) walk away with a cash settlement. Like I said, he'd be a fool not to sue.

And as I've already said, he'd be a fool to pursue legal action given the situation. They've found his image and we don't know how, perhaps they found it on Google images, or perhaps they found the thread itself and took it from there. Either way, we have no idea whether they know it's from a rom or not. Even if they have no idea, if he pursues legal action he'll have to prove he's the one who took the screenshot and prove the image was taken from him, which will likely involve giving them a link to the source image, which was posted in the thread where he blatantly admits it's from an emulator. What's more, a simple image search on the image in question brings up a link to the incriminating thread. Either way, they will certainly find out that it was taken from an emulator, which is illegal.
I'm not saying that this will necessarily effect whether he has a claim to the images, I'm saying that piracy is illegal and will certainly be used against him if he pursues this. Even if he did win the case he'll still be in a lot of trouble for piracy, which can actually be quite severe if you're caught, making him worse off than if he'd just stayed out of it.

What he's done is far more illegal than using some random person's screenshot without credit. He's be a fool to draw attention to his illegal activities in the court of law.

 

[FirstNameLastName]

And as I've already said, he'd be a fool to pursue legal action given the situation. They've found his image and we don't know how, perhaps they found it on Google images, or perhaps they found the thread itself and took it from there. Either way, we have no idea whether they know it's from a rom or not. Even if they have no idea, if he pursues legal action he'll have to prove he's the one who took the screenshot and prove the image was taken from him, which will likely involve giving them a link to the source image, which was posted in the thread where he blatantly admits it's from an emulator. What's more, a simple image search on the image in question brings up a link to the incriminating thread. Either way, they will certainly find out that it was taken from an emulator, which is illegal.
I'm not saying that this will necessarily effect whether he has a claim to the images, I'm saying that piracy is illegal and will certainly be used against him if he pursues this. Even if he did win the case he'll still be in a lot of trouble for piracy, which can actually be quite severe if you're caught.

What he's done is far more illegal than using some random person's screenshot without credit. He's be a fool to draw attention to his illegal activities in the court of law.

You've missed the point entirely. He's not suing the publisher of the game, he's suing a magazine who used his picture. This is strictly about the picture in question and therefore, weather he used a emulator or not is irrelevant.

What is relevant is that he took a picture, which makes him the legal owner of that particular image. Doesn't matter how he took it. A commercial (key word commercial) entity took that file which he created, and used it for their magazine (their financial gain), therefore as far as U.S. law is concerned, he has a case. Simple as that.

I think it's you who's missed the point entirely, considering my last post addressed exactly that.

I'm not saying that this will necessarily effect whether he has a claim to the images, I'm saying that piracy is illegal and will certainly be used against him if he pursues this. <color=red>Even if he did win the case he'll still be in a lot of trouble for piracy, which can actually be quite severe if you're caught, making him worse off than if he'd just stayed out of it.

<color=red>What he's done is far more illegal than using some random person's screenshot without credit. He's be a fool to draw attention to his illegal activities in the court of law.

I'll repeat again, even if he does win the case he'll still be in a lot of trouble for piracy. It doesn't matter whether he's going after the publishers, the fact that he used an emulator is mentioned in the thread, which can be trivially found through a simple google search of the image. Do you think that all you need to do is point the finger at someone and make an accusation for courts to rule in your favor without any form of investigation? During the case they will certainly find out that he's pirated the game, and when they do he'll be in far more trouble than the people he's taken to court.

Again, piracy is illegal and you can receive quite hefty penalties. Even if it's irrelevant to whether he owns the picture, it certainly is relevant to whether or not they charge him for piracy.
At best they are both guilty, at worst, only he is.

 

[FirstNameLastName]

I'll repeat again, even if he does win the case he'll still be in a lot of trouble for piracy. It doesn't matter whether he's going after the publishers, the fact that he used an emulator is mentioned in the thread, which can be trivially found through a simple google search of the image. Do you think that all you need to do is point the finger at someone and make an accusation for courts to rule in your favor without any form of investigation? During the case they will certainly find out that he's pirated the game, and when they do he'll be in far more trouble than the people he's taken to court.

Again, piracy is illegal and you can receive quite hefty penalties. Even if it's irrelevant to whether he owns the picture, it certainly is relevant to whether or not they charge him for piracy.
At best they are both guilty, at worst, only he is.

The court, the magazine, the plaintiff all don't give a fuck about piracy here, because this isn't a piracy case. The piracy/emulator argument as I've said 3 times before, and you still somehow keep bringing up, are COMPLETELY IRRELEVANT IN THIS CASE. If the publisher wants to take him to court they can, (and that's a whole different issue) but this is not about IP, this is about a photo. As far as the law is concerned, if you take a picture, you own it. That's it. Doesn't matter what camera you're using, doesn't matter what software. The fact that an emulator was used MEANS NOTHING. The picture isn't illegal, even if the software used to take it is. It's about that one file, and who owns the rights to it. When the case comes before the judge, that's what matters, that's what is considered, nothing else.

Incorrect. The courts won't simply overlook this criminal activity just because it isn't specifically related to whether the image is his property. If I sold someone drugs and they shortchanged me, do you think the courts would overlook the drug dealing just because it isn't relevant to whether the other person stole from me? No, at most, we would both be guilty of our own separate crimes, as is the case here.
If Cracked is smart (and they surely have employees who know more law than the OP) they will use the piracy against him as a deterrent, and if he pursues they will surely bring it up. And as I've said before, even if they don't bring it up the courts will investigate where the image was taken from and surely find the thread where he admits to using an emulator.

This is a no-win situation for the OP if they pursued legal action. Even if they win the case with the image, the piracy will still bite them in the arse.

 

[FirstNameLastName]

Incorrect. The courts won't simply overlook this criminal activity just because it isn't specifically related to whether the image is his property. If I sold someone drugs and they shortchanged me, do you think the courts would overlook the drug dealing just because it isn't relevant to whether the other person stole from me? No, at most, we would both be guilty of our own separate crimes, as is the case here.
If Cracked is smart (and they surely have employees who know more law than the OP) they will use the piracy against him as a deterrent, and if he pursues they will surely bring it up. And as I've said before, even if they don't bring it up the courts will investigate where the image was taken from and surely find the thread where he admits to using an emulator.

This is a no-win situation for the OP if they pursued legal action. Even if they win the case with the image, the piracy will still bite them in the arse.

Well, you clearly have your head pretty far up your own ass, so I'm not going to waste any more time with you. Keep making the same argument over and over, it doesn't change the fact that it never held water in the first place.

I said it before, and I'll say it again. This isn't about the software, emulator, etc etc to infinity.

The court/ judge DOES NOT CARE.
Person A took a picture. Person B used it for monetary gain without asking. Person B owes person A money. End of story. I'm assuming you aren't american judging by your use of the misspelling "arse" (you meant "ass"). How about you let us handle american law, and go back to eating spotted dick?

The court doesn't care about the law, interesting ...
And I keep making the same argument over and over because you've yet to refute it, just made bizarre claims that the court will stick their fingers in their ears and ignore blatant violations of the law simply because it isn't specifically related to judging guilt in a separate crime.

Either way, it's clear this conversion is going no where, and wasn't relevant to begin with, considering the OP seems to have no desire to sue, and it would be ill advised to base their decisions on the bickering of two random forum-users. So it seems there's nothing left but to agree to disagree. So I'll leave you to be angry about something else, and I'll go have some Spotted Dick...

 

[maninahat]

And as I've already said, he'd be a fool to pursue legal action given the situation. They've found his image and we don't know how, perhaps they found it on Google images, or perhaps they found the thread itself and took it from there. Either way, we have no idea whether they know it's from a rom or not. Even if they have no idea, if he pursues legal action he'll have to prove he's the one who took the screenshot and prove the image was taken from him, which will likely involve giving them a link to the source image, which was posted in the thread where he blatantly admits it's from an emulator. What's more, a simple image search on the image in question brings up a link to the incriminating thread. Either way, they will certainly find out that it was taken from an emulator, which is illegal.
I'm not saying that this will necessarily effect whether he has a claim to the images, I'm saying that piracy is illegal and will certainly be used against him if he pursues this. Even if he did win the case he'll still be in a lot of trouble for piracy, which can actually be quite severe if you're caught.

What he's done is far more illegal than using some random person's screenshot without credit. He's be a fool to draw attention to his illegal activities in the court of law.

You've missed the point entirely. He's not suing the publisher of the game, he's suing a magazine who used his picture. This is strictly about the picture in question and therefore, weather he used a emulator or not is irrelevant.

What is relevant is that he took a picture, which makes him the legal owner of that particular image. Doesn't matter how he took it. A commercial (key word commercial) entity took that file which he created, and used it for their magazine (their financial gain), therefore as far as U.S. law is concerned, he has a case. Simple as that.

I'm not sure he is the legal owner of the picture - not if the image he took is of copyright protected material in the first place. I am pretty sure I can't just photograph someone else's artwork and pass the image off as my own picture - that would be plagiarism. It would be like me taking someone to court for stealing my car, despite the fact that I stole the car in the first place. It's not my property, vis-a-vis, no one can steal from me what isn't mine in the first place.

Also, having not made money off of the process of emulating the game and taking the picture, he can't exactly claim damages for a magazine not crediting him. The magazine could just claim fair use, after all. The magazine only needs to credit the game, not the person playing the game.

 

[Erttheking]

Well, you clearly have your head pretty far up your own ass

Considering the way the rest of your post goes, I'm not sure where the hell you thought you had enough of the high ground to say that.

 

[Erttheking]

Considering the way the rest of your post goes, I'm not sure where the hell you thought you had enough of the high ground to say that.

Considering you had little to nothing to contribute to this conversation, I'm not sure where the hell you get the high ground to say that.

Not sure what that has to do with the high ground. Just pointing out that you don't really get to say that.

But if you're curious, I think first name is dead on, and I'm not at all busy eating spotted dick.

 

[Erttheking]

Not sure what that has to do with the high ground. Just pointing out that you don't really get to say that.

But if you're curious, I think first name is dead on, and I'm not at all busy eating spotted dick.

#1, you don't get to point out anything to me. #2 your name illustrates what a delusional retard you are, and I have no problem picturing you scarfing down some dick.

HA! What really? That's it? Call me retarted and accuse me of sucking dick (NO! IT'S A LIE! I AM TOTES STRAIGHT!) I mean seriously. If you're going to insult me, use a little creativity and don't reach for tired old cliches.

Thanks though, that gave me a damn good laugh and brightened up my day.

Also, I was only pointing out the obvious. Things that you just made even more obvious.