Companies Request LittleBigPlanet IP Whitelisting

7 01 2009

http://flickr.com/photos/sillygwailo/348769786/

LittleBigPlanetoid brought this very interesting nugget to my attention on Monday: Companies have been asking Media Molecule to add their IP to a whitelist for LittleBigPlanet, meaning that rather than being treated as copyright infringement, works based on their things will be treated as fan art or free marketing, and allowed to stay in place.

Sony have taken a very cautious approach so far: that nuking things from orbit is the only way to be sure. At first there were complaints of overly zealous moderation, and lack of explanation for it, but MM/Sony have worked with the fan community to improve this immeasurably. It’s very pleasing that they seem to be just as amenable with companies too; LittleBigPlanet is so polished that people want their IP to be in it.

Merely squashing copyright infringing user generated content is often a terrible step to take, as it’s generally non-profit making, and those who put their time and skill (of any level) into creating it tend to be the fans who care the most.

There’s a story from the Unreal modding scene I often use when talking about these things, but it seems like pretty much all of the blog, forum and news posts about it have rotted away as it was about 8 years ago (Blimey. Link rot could get a lot worse than we expect…). A modder named Patrick “BadKarma” Fitzimmons was making a Star Wars map pack for Unreal Tournament, and repeatedly got cease and desist letters from Lucasarts’ lawyers. After (IIRC) several years of justifying it as non-profit making, sophisticated fan art, and getting people to sign petitions on his behalf, Lucasarts eventually stopped with the threats and started tacitly backing them, with it going on to become a fully fledged mod.

The entire struggle threw the issues into very stark relief, with a protracted fight between Lucasarts and BadKarma that led to a lot of head scratching. At the time, Twentieth Century Fox had also gained a reputation for threatening and generally stamping on all mod makers who infringed their copyrights, to the extent that the verb “foxing” was invented to describe it. Conditions laid down on an Aliens mod for Half Life were basically: “Cease work, hand over all assets and copyright to us, delete all of your own copies of your work, and we reserve the right to still sue you even if you comply”. The problem with this is that the fans have put a lot of time, effort and love into their creations, and the companies are engendering disillusion by attacking their strongest devotees.

LittleBigPlanet is actually quite a nice compromise, acting as a sandbox that, hopefully, will keep the lawyers happy too. The news of whitelisting is excellent, and it seems likely that EA are on the list given some of the levels that have been permitted to exist there. Impressive, for a company that used to be regarded by many as the evil empire of the games industry.

(CC image by sillygwailo)

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