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[MMD/XNA] GAME RIPPED MODELS?
Hi, folks
Action stations, action stations!
This topic is a big mess, I warn you before you start reading.
HOW AND WHEN THE WORD 'RIPPING' WAS BORN
The term 'to rip [anything]' was born across the '90s and the 2000s. The main field this word was involved in, was the multimedia business. During those years a lot of new programs became available for a wide set of users, giving them the opportunity to extract and convert multimedia contents into other portable digital formats. This practice was a big issue for the commercial companies, as a lot of copyright protected songs, musics and movies started being 'ripped' (to wav, mp3, mpeg, avi formats and so on) and redistributed for free.
It's fairly easy to understand the commercial damage: if a user freely downloads a full mp3 playlist ripped from a commercial album, that user won't (in 99.999% of cases) buy that album, and will listen to that playlist for free. The same (but with a lesser impact) if the user downloads one single MP3 track taken from an album. The authors won't receive their right gains, and so the discographic company which published the album. The same issue occurs when a movie or a TV serie is 'ripped' to an AVI (or MP4, or MKV or any other video file) and redistributed or shared for free.
RIPPING AND (ILLEGALLY) COPYING
Let's focus on this matter. This is a thin difference, but relevant. Copying and ripping are completely different operations, but the purpose is the same: listening to music for free and not paying for the legal right you should pay. At least this is what occurs in the multimedia market (music and videos). The gaming market is radically different but we'll go deeper with this matter below.
Let's say you buy a music CD. Any of your friends comes at your home and asks you to copy the CD. You put the original CD in your PC, start any of your 'cd burner' of choice, and copy the original CD to another one. Your friend takes the copied CD and this way, again, author and distributors won't receive their legal gains.
Please, notice: this is not a 'ripping' operation, but a physical copy. The original content is not converted into another format, in order to be played on a different device. The source is a music CD, and the destination copy still is a music CD, not a portable and freely redistributable MP3. Rhe purpose is the same, as said before. But still, copyng and ripping are different operations.
Do you see the difference? Well, remember this, because it will be important when we'll talk about videogames and assets extracted from commercial videogames.
A KEY WORD: DESTINATION OF USE
Another important matter to understand what 'ripping' means. Regardless you 'rip' a CD into a list of MP3 files, you rip a single audio track from a compilation, or you directly and physically copy a full CD to another one, you are going to use the 'derived' content the same way the original was intended for. You'll listen to a MP3 list of songs the same way you'd have listened to the original music CD.
THIS is the reason why commercial companies are so worried and angry about the ripping (and redistribution of ripped contents) practice. Ripping and listening to a ripped MP3 you are enjoying with that musical piece without buying it.
The same issue occurs with videos, movies and TV series 'ripped' or copied and then illegally redistributed or shared for free. Under this point of view, there is no difference between a physically copied CD/DVD and a list of MP3s or AVIs 'ripped' from the original source. The commercial damage for the company is absolutely the same (worse in case of ripping, as a digital file is potentially easier to share and redistribute than a physical copy).
WHAT ABOUT VIDEOGAMES?
Ok, here's our big issue. But also here start the differences with audiovisive market. Since the first appearance of videogames in the '70s and the '80s people used to copy them, in order to play without paying. Let's keep in mind this: the purpose of copying games is to play without paying. When 'home computers' (like Commodores, Sinclair ZX Spectrums, MSX computers, Amigas and so on) where the most diffused playing devices, copying and sharing tapes and cartridges was a diffuse practice. Years later, when personal computers replaced home computers, people started copying floppy disks and, later, copying data CDs and DVDs where the games were distributed on.
The struggle between gaming companies and gaming pirates rose up, with even greater and harder protections over the original Cds and DVDs, to prevent the physical copying and, more important, to prevent a game installed from an illegal copy to work when launched. This way the 'Art of Cracking' was born.
Note that the protections used against the copies are not intended to prevent the extraction of assets, but only to prevent that a game installed from an illegally copied game could work.
At the same way, the cracking operation and the cracking programs are not intended to extract an asset from a game, but only to remove/cheat the protection and to allow the illegal copy to work, and the game being played also when installed from an illegal copy.
Do you remember what we said above, about the destination of use?
Well, this is our point and what saves all of us from the accuse of being rude pirate gamers.
There is no sense in calling 'ripping' the extraction of assets from a videogame, as there is no way to play the game with an extracted asset. Unlike what occurs with a music CD/DVD or a movie, a videogame cannot be 'ripped', but only copied and illegally installed, cracked and played. As it needs to be installed and played.
You can extract/tip a single track from a music CD, convert it to a MP3 file and then listen to that MP3 file. But absolutely you cannot extract a single character or a single item from a game (let's say, from Skyrim™) and use it to play the game iteself outside ist own game engine (unless using sandboxes like GMOD or using it as a 'mod' into another game, but that's another matter).
The main issue for gaming companies is that users can illegally copy a videogame and use the illegal copy to play it without paying, after installing and cracking the game.
So what's the point when you ('rip') extract a Batman model from a videogame and use it in MMD to make him dancing 'Popipo', or use it in XPS or XnaLara to take a picture of him when smashed by Supermario?
Are you playing the original game?
No.
The fact you use Batman model that way, does it mean that you won't buy the original game because you have his ripped model yet, so you don't need to buy the game?
No.
Because if you are just interested in making Batman dancing popipo, and no more, you'd haven't bought the game anyway, regardless of what assets you have extracred from it, because you are not interested at all in playing the game, but just in using a single, limited part of it outside the game itself and in a way that is not to play the game.
Id est: the USE you are making of the 'ripped' model is absolutely not conflicting (and, most important, not economically competing) with the commercial incomes derived by the legal purchase of the game your model has been extracted from.
BUT THE LICENSE SAYS 'EXTRACTION OF GAME ASSETS IS FORBIDDEN'
Yes. You're right. But please, please, please.. note the word they use: 'extracted'. Not 'ripped'.
They first know by theirselves that an extracted asset cannot be used to play the game without buying it. So take for sure that they are not worries about a Thor model extracted from a game and used to make him dance. You simply cannot 'rip' a 1911 Colt handgun from Call of Duty™ and use it to illegally play Call of Duty, the same way you cannot 'rip' Batman's model from Batman Arkham Knight™ and use that model to illegally play BAK.
They set that deny to extract game assets for several reasons. None of these reasons concern the fact that you could take Pengouin's hat and put it on Kaito's or Lara Croft's head.
First of all, they have to prevent other gaming companies to reuse their assets to produce other commercial games without paying a fee.
Gaming companies pay a lot of salaries to designers, modellers and developers for they produce a salable game.
They are of course and naturally interested that competitors cannot take advantage of the assets they have paid for, and that they cannot use those assets to produce other competing videogames.
It's absolutely obvious why they set that deny. And this has really nothing concerning the use of extracted models in MMD animations or in XPS/Xnalara artworks.
BUT..
Yes, but. But regardless the non conflicting use you are making of the extracted assets, you still are violating that license, as it still prohibits the extraction. Even if that deny was set for a completely different reason than denying you to make Batman dancing popipo. There is nothing more to say about this. You do this at your own risk, even if the use you're making has nothing to do with the reason why game licenses explicitly deny the assets extraction and redistribution.
SO WHAT ABOUT.. FAIR USE?
Well just be careful with this. 'Fair use' is not a fully developed law, but a set of principles a judge can use to decide if the use you are making can be considered 'fair use' (and so keep you safe from economic and/or penal issues) or not.
More: USA are not the world (the same way Japan is not the world). If you live, let's say, in any of the countries of the EU, you simply cannot invoke the 'fair use', as it's a US legal doctrine.
Don't take for sure that your country laws include anything similar or equal to the 'fair use' specifications. Some countries do, some other doesn't at all.
Be really careful when extracting or using game extracted assets as your country laws can hardly diverge (or conflict) with the US definition of 'fair use'.
A MATTER OF COMMON SENSE
While you can be pretty sure that copying, cracking and illegally playing a commercial videogame you risk to be legally persecuted, you can be almost sure than nobody will ever spend their money and time to persecute you just because you are making Batman dancing popipo. The reason is clear and obvious: you are 'not so dangerous' for them. You are not evading the fee you should pay to play the game, because you simply are not playing the game.
Note: I said 'almost', not 'completely' sure. As you're still violating a license, nobody can grant you can't be persecuted for this. Always consider that they tolerate you, not that they approve your actions. More, also when you can invoke the 'fair use', consider that it's a decision of any single judge to approve, or not, the specific way you're using a game extracted asset. Fair use is not a preventive authorization. It's a guideline about how to decide when you have been dragged into a courtroom to be judged. And I hope you are more interested in not being dragged there, than in what to do once dragged into a courtroom.
And if you don't want to visit that courtroom the best way is to keep being considered 'not so dangerous' and to keep being (silently) tolerated.
This is your goal, but this also requires you don't do anything to attire attentions and make 'them' thinking you are no more 'not so dangerous'.
A MATTER OF CREDITS
While you can be almost sure that no gaming company will spend time and money to persecute you just because you are making Batman dancing popipo, there are a few thing you should avoid at all, if you don't want to attract undesired looks upon you. The first of these few things is crediting, and not trying to pass yourself as an author, not suggesting that you own any right upon the extracted model.
Any of your game extracted assets has an author. It has a designer, a modeller, a developer, an artist who spent his/her time and his/her creativity to build that asset. So don't try to say 'Hey, I made this!', while you have just extracted, and eventually converted/adjusted, that asset.
Not trying to claim any property upon a game extracted asset is another important thing you should do. And that's the reason why those 'don't edit / don't take parts' rules are so funny, so ridiculous, so illicit and so dangerous, when put upon a game extracted model you are sharing.
What? 'Don't edit'?? Are you completely mad? Where does that asset come from?
Who has made it? You? Nevermind. So why the hell are you claiming any right upon it when sharing it?
A MATTER OF PRUDENCE (AND RESPECT)
The second big issue to avoid, when extracting game assets, or using game extracted assets in your MMD or XNAlara artworks is to not produce contents potentially offending or defaming the original copyright owners. This is a good way to attire undesired attentions. While you can be almost sure that no gaming company would persecute you if you make batman dancing in an MMD video or, also, if you make Batman beating Darth Vader in a XNAlara picture, you should be VERY careful when using extracted assets to make questionable contents.
Let me be explicit: if you make a video where poor Princess Zelda is abused, tortured and raped by Darth Vader, or where poor Batman is abused, facesitted, whipped and forced to lick Princess Zelda's feet after having his balls stomped, kicked and squeezed by a naked Barbie™, you can be absolutely sure that this kind of contents would put you and your 'artworks' in severe danger.
The more are the views and the 'likes' under your 'artwork', the greater is the risk that someone decides to drag you into that courtroom we were speaking about. So I invite you to seriously consider if a few more views and subscriptions under your youtube channel are worth of this kind of risk.
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Id est: yes, probably many gaming companies have never persecuted fan made artworks, yes they tolerate them, and yes, mayhaps they also appreciate some of them, even if using game extracted assets, just because they someway are improving a kind of 'advertising for free' anytime they publish an artwork using that particular character coming from that particular game.
Try to look at this matter on the other side, the darker one: how do you think a gaming company could consider videos and contents where their assets are used in defaming and offending ways?
A MATTER OF MONEY
Third big issue when using or redistributing game extracted models. We said you are not dangrous and non economically conflicting since you use a Batman model to make a funny and not offending video. The most of times you still are not so dangerous also when sharing that Batman model and allowing other users to download it. At least, since you don't earn money from this.
Trying to make money by redistributing game extracted assets is probably the best way to end your career as 'artist' into a courtroom. Or to have your account blocked by sites like DA, where you 'share' the models claiming to be paid for them.
It doesn't matter if you try to gain by asking to be paid for your models or if you try to gain forcing users to pass into several ad campaigns (see 'URL shrinkers' issues) before they can download 'your' game extracted models.
Other than invalidating any reasonable 'fair use' excuse, you are vexing and provoking the gaming companies on the field they are most sensible to: money.
It's obsious how stupid is this risk, and the reason why you should absolutely avoid to try gaining from the redistribution of game extracted models, isn't it?
If you're interested in ad-based URL Shrinkers issues:
EDITING ISSUES
Okay. I'm not distributing a game asset 'as it was'. I have edited it! It's mine, now!
I'm sorry but I have to ask you think a little more deeper at the issue. Yes, there is something right in this. What we call a 3d Model is composed by some primary components, each of ones you should consider when trying to say 'this is mine'. But we all know that most of extracted models are simply redistributed 'as they were' when they have been extracted, with no improvements, no modifications, no editing, no changes.
What are the components defining what a 3d model is?
- The mesh or geometry: probably the most important component, what gives a model its shape. The mathematic description of where the vertices and the faces defining a model are in a 3dimensional virtual space. This can also include 'normals' or how the camera point of view and the direction of lights affect the model's looking.
- The UV mapping: or how a texture is stretched on the model's surfaces. Id est what defines if the 'three' appears on the right side of a dice or if i appears badly stretced across one of the dice's edges.
- The rigging/weighting: or the way the parts of your model are affected when you move or rotate the bones of the armature/skeleton to pose or animate the model.
- Textures and materials: or why the gloves of your model have a leather or a velvety looking and resemble the Marilyn Monroe's pink gloves or the catwoman black ones.
The sum of all of these elemets is what defines your model. When an author/editor says 'don't redistribute as is', is telling you that, yes, you can edit and redistribute the model, but you must change (significantly change) one or more of those elements.
Let's say that a redistributed model where the original mesh has been changed, vertex/poly count is different, normals setting has been changed, UV mapping has changed and textures too, and mayhaps you also have worked on the weighting/rigging, it's absolutely another model, when compared to the original one.
Mmd Anime Maker
You should still credit the original one, but there is no doubt that the target model, when changed in all of its primary components, cannot be considered a banal 'edit' or 'recolor'. This is the way I consider the restrictive rules of some MMD groups, a bit paranoid about 'game ripped models'.
I understand and agree the need/will to prevent the pure redistribution of game extracted assets just converted to MMD. But I'd prefer that group admins exerted a little more flexibility when evaluating this matter, trying to consider what a model is NOW, when is submitted, and not only what it was when it has been extracted the first time. But it's just my opinion, of course.
'NO MATTER WHAT YOU HAVE EDITED, CHANGED OR REMODELLED, IT'S STILL A GAME RIP! SUBMISSION REJECTED!'
I must strongly disagree this point.
What you call a 'game rip' is a model extracted with all its original geometry, normals, uv mapping, weighting and textures, just converted to another format (.pmx or .xps/.mesh for our purposes) and redistributed 'as is' or with the minimal adjustments needed by the program it's redistributed for (example, renaming bones to match MMD's animations ones or 'standard' XNAlara bones nameset)
Technically what we are talking about is a derived artwork, instead.
Changing geometry, vertex/polygon count, uv mapping/topology, weights, textures, makes the derived model is absolutely no more whatever it was when it has been extracted.
'How much has it been changed?' is not a lazy and senseless question, is what defines what you have in your hands at the end of the process (and what group admins should evaluate, before saying 'it's still a rip').
I'm absolutely persuaded that group admin's don't have the time to check any single model submitted to verify 'how much' they have been effectively changed, so I expect the best solution for them is just to reject such of derived artworks.
But we could also look at this issue under another point of view. Since no competing financial right is violated by using a game extracted asset (as you cannot play a game 'for free' just using a model extracted from that game), what remains on the field is the creative copyright (attribution), i.e. what we usually call 'credits'.
Note that some of what you call 'still a rip' could be passed under group admins' nose as a fully original part, as they have been so hardly modified that you have no chance at all to realize that they were built starting from a game extracted asset. Unless who's submitting the model acts honestly, giving proper credits for the original work.
But in this case, most of groups having that common 'no game rips' rule, at this point, should reject the submit as it has been explicitly declared for what they call 'still a rip', even if it's no more that.
The consequence is that a less honest (but more sly) user can be encouraged to completely bypass the credits attribution and, unless you are very very lucky and scrupolous, you simply cannot say for sure 'this is a game rip, submission rejected'.
Do you see the point? I'm saying that this way honest and meticulous editors will have their derived artworks (no more banal 'game rips') rejected, while dishonest but sly editors can have their pure rips approved, just because they haven't declared them as what they are.
Say again, I understand that group admins cannot check and evaluate geometry, uvmapping, weighting and textures of any single submitted model, but the result is something more similar to 'don't tell me if your artwork is a game rip', than 'you must respect copyrights and gaming ToS licenses, so don't submit your rips here'.
To be even more explicit: 'Since you don't explicitly tell me that the model you are submitting is derived by a game extracted asset, I can approve it, pretending to not know what it is'.
This sounds to me someway hypocritical.
As usual, thanks for you courtesy and patience for my poor english
Suggestions, questions and POLITE criticism are appreciated and will be answered.
Stupid, childish, selfish rants and insults will be simply ignored or deleted.
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