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Main => General => Topic started by: NightWolve on Jun. 29, 2013, 08:54:35 PM

Title: Re: The "Boycott XSEED!" thread on AHOY ALOY!
Post by: NightWolve on Jun. 29, 2013, 08:54:35 PM
Alright, I decided to make a separate thread *properly titled* to respond to some hacks/posters from another forum. It's necessary to keep myself engaged and combat their spin, deception, shilling for XSEED, etc. on things. Gotta see if I can organize it better this time.


Source: http://seldane.proboards.com/post/185887/thread on 6/29/2013
UserName: gyakutenkyle (http://seldane.proboards.com/user/2324)
Post Status: 100% Finished/Proofread! I'm satisfied in fully answering this man!
Quote from: gyakutenkyle
I feel compelled to present my perspective here since no one else has analysed this situation from the viewpoint of copyright standards (save for NightWolve himself, briefly, but his analysis is misinformed).

Actually, it is your analysis that is misinformed, as I feel compelled to show. Arrogance does not win the argument, facts do.

Quote from: gyakutenkyle
NightWolve continues to mention his step one labor. However, I think the real issue here isn't labor at all, but the fruits of that labor. Think about the output NightWolve provided versus the output Deuce provided: One delivered Japanese text that already existed and did not belong to him, whereas the other delivered English text that he produced himself.

Actually, the issue IS labor or time spent on needed services rendered. And yes, the fruits of the labor were a 2 column Excel file, Japanese text in column A, English text in column B, and without my step 1 labor, he wouldn't have been in possession of such a file when XSEED came around. He wouldn't have had ANYTHING in his criminal hands to give to XSEED, ready-to-go, without all of my prior labor, etc. BOTH columns were needed by XSEED for the translated results to be useful. There's also a peripheral kind of argument that I see that makes it all the more disgusting for me; I ran these projects, I attracted him to translate with me over another translator eventually, and running these projects also attracted yet another translator, Lipschultz, who wound up getting a job at XSEED and orchestrating these deals! He was mostly put into this position, the ultimate success that a fan translation team could ever enjoy, via all my major labor, from patch development, script management software, marketing efforts, to maintaining a website, etc. and he stole this honor, this piece of videogame history, all entirely for himself, and never had a single word to say to me directly for 3 years, up until I went public with this story, and that was all just to clearly threaten a lawsuit with a lawyer supposedly on standby!!!!

Ultimately, what I intend to demonstrate is that DeuceBag (AKA "The FlasherTM") was paid and credited for his time/labor (while he conspired with Lipschultz to cheat me), and that he did NOT legally sell an "object" that was in his possession at the time. There was no legal transfer of ownership from one party to another here of something ("an object") that was legally his property! Just as if we were both inside the company, XSEED, and I was doing programming work, and he was doing translation work, we would be paid by the hour or by salary, for our TIME ON THIS EARTH, NOT because the results of our work would legally belong to us! We're selling our time to the company, not the actual things that get produced! Of course, this situation is more that of outside contractors getting hired to perform needed tasks. You make a deal with them, pay them for their time to do something that you want, and they hand over the results after they're paid, etc.! (If say the deal went bad for whatever reason, like it took 'em longer than they thought so they wanted more money and the other party refused, yet work was already started/mostly completed, these contractors wouldn't get to *legally* sell some translated movie or videogame script to any other company unless it obtained licensing and another deal was struck to hand over the results upon payment!)

So, DeuceBag couldn't produce the English text without the Japanese text first being made visible to him, which was my job. If he had done everything himself, it wouldn't be any of my business, but as it stands, my time is reflected in what he handed over to XSEED and he was paid and credited 100% for that time! Secondly, the fact that he "produced" English text himself (of course, he used WWWJDIC, since he can't read it) does not grant him legal ownership, your major mistake in understanding copyright law. ALL of this work was done without prior licensing, permission, authorization, etc. from the copyright holder of the source story/script hence it was illegal! There's no ambiguity about that! How the hell could someone gain legal ownership of some result and legally be able to sell that result to anyone in the world if it came about without prior licensing/authorization/permission as required under copyright law ??

Quote from: gyakutenkyle
One delivered Japanese text that already existed and did not belong to him, whereas the other delivered English text that he produced himself.

As I've argued elsewhere, this is the selective restriction of labor/work to "typing." I didn't type the Japanese text, but DeuceBag typed all the English text, so 100% credit, 100% profit for him, which on paper, is how things went! It also blurs the lines of legal ownership over some kind of moral ownership/claim (I typed it, it's mine!). There is no legal ownership of either column in this situation! If you wanna talk morally, then since I labored to make the Japanese text visible, I had the moral right to make it invisible again (to destroy it), and let him run off, the criminal that he is, just with the English text that he typed, and see how useful that would've been to XSEED. As it stands, they asked for and received a 2 column file, Japanese text next to English text to facilitate find/replace procedures to achieve the result of inserting the English into the target game, etc.!

Quote from: Article 8 of the Berne Convention
Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works.

You can't go around, just cause you feel like it on a whim, translating books, movies, games, etc. without prior licensing/permission/authorization from the copyright holder then yell "derivative work" and claim legal ownership as a defense! That is engaging in right-of-translation infringement! That same international copyright law (Berne Convention) which protects against piracy, unauthorized distribution of copyrighted material, also grants the owner of the material protection against unauthorized attempts of translation - Falcom being a Japanese company, international law applies as well. At any rate, NEITHER of us could ever be the "legal" owner of ANYTHING here! You don't seem to get that and you're not arguing anything all that different than Kirsten Miller or this Sara, in trying to falsely frame the debate in terms of legal ownership.

Quote from: gyakutenkyle
NightWolve claims that Deuce's translation is owned by Nihon Falcom just as the original Japanese text is, but American copyright law clearly indicates that the translation would fall under the umbrella of derivative work, as described here.

en.wikipedia.org/wiki/Derivative_work

If you're actually an aspiring student of law, you've got a long way to go! As mentioned, our work constitutes a right-of-translation infringement to begin with, and you jumped way forward to essentially classify his English column as a protected derivative work when the law says this shouldn't have happened in the first place, not without first contacting the copyright holder or a licensee of the copyrighted material! With your statement there, you just neutralized protection that copyright holders are entitled to, that is, getting to choose who or who DOES NOT translate their work and additionally profiting from it!!! Pffffft. You don't even realize how stupid you sound; according to you, we could've gone around stating that our unlicensed English patches were legal cause they only store derivative work! You didn't even deserve all the time that I took to respond to your bullshit, but it should be checkmated lest somebody falls for it!

Quote from: gyakutenkyle
In other words, Deuce does not own the original text, but he does (or did) own his English translation of it. If Nihon Falcom or any other company had used it without his permission (and, by extension, without giving him due credit), he would be within his rights to seek legal recourse.

Wrong! He does NOT legally own ANYTHING! And he NEVER will! He didn't get permission to translate it in the first place, he didn't pay licensing fees to Falcom to gain some kind of legal ownership or rights, neither did I, so the copyright holder or a licensee (like XSEED) IS the one that was in a position to seek legal recourse at unlicensed translation work that is in technical violation of international copyright law and national laws as well!

The ONLY company that could use it legally is Falcom OR a licensee of Falcom, which wound up being XSEED in this case, by essentially forgiving the fact that it was originally done without permission/licensing and ask that it be handed over. In 2010, both XSEED/Falcom legally had a right to send a cease and desist, and ask that ALL unauthorized work be DESTROYED, public distribution stop, etc. as ACTUALLY happened in South Korea to a fan translation team that was working on "Ys VI: Ark of Napishtim" after a company obtained licensing for said game! The facts and even a past precedent like that don't back up what it is you have to say! I wouldn't take ANY legal advice from your a$$, I know that much! "DON'T WORRY, AS LONG AS IT'S FREE-FOR-ME, THEY CAN'T DO NOTHING!!!!!! IT'S YOUR DERIVATIVE WORK NOW!" WRONG, VERY WRONG on numerous levels!

Quote from: gyakutenkyle
Because the output NightWolve produced is not substantially different from the content Nihon Falcom created, however, he has no right to ownership of that work whatsoever, and XSEED Games legally would not be able to credit him for it (and certainly not remunerate him for it, save for under-the-table dealings that could create a whole new set of problems) without putting their business partnership at risk. The best they would be able to do within the bounds of the law is to give NightWolve a special thanks credit, and it seems Wyrdwad may have already addressed why they've elected not to (though he claims it has no relation to the matter at hand, so this is only a theory).

Really, just all nonsense! As explained, it's NOT a matter of ownership (NOBODY LEGALLY OWNS ANYTHING HERE!), it's a matter of paying and crediting someone for the time/work that was performed! Simply morally and ethically doing the right thing, crediting and compensating relevant parties that performed the needed work that saved you time, that you wanted, etc.! And XSEED Games could credit WHOEVER the hell they wanted! They're the license holder and they objectively, retro-actively endorsed/approved of/legitimized/legalized EVERYTHING that was necessary for the production of those Excel files that they obtained! You're just talking bullshit the rest of the way! They worked with a guy that didn't follow the law, but OH NOOOES, now when it comes to crediting they TOTALLY gotta do it by the book, to the very letter, according to you (assuming your premise has validity) ?? What a boatload of horseshit!!!

If you wanna talk about "putting their business partnership at risk," they hired Lipschultz, someone who engaged in unlicensed/unauthorized translations himself (hence illegally!); his fingerprints are on the leaked, unlicensed Felghana patch (he translated the 12 Manual images for me because DunceBag can't read Japanese text visually). Also, this is a company that took the extraordinary step of making sure that Jeff "I have a lawyer" Nussbaum was the FIRST to be credited at the top of the English translation staff Credits roll BEFORE ANY actual full-time employees!!! Again, an unlicensed/unauthorized translator who helped make many of Falcom's games playable in English without permission that potentially reduced the chances of official publishers wanting to buy a license from Falcom in the first place since the public was given the FREE-FOR-ME option by him (me too)!! How many lost sales can be attributed to the free, unlicensed patches, percentage wise because of this when it comes to the Steam versions?? I'd be just the guy with Japanese text and tools to translate it without his step 2 labor!! Observe (from Ys I&II Chronicles, the Credits Roll):

(http://i237.photobucket.com/albums/ff216/Sephiroth1975/General/Gaming/YsI-IICredits.png)

This guy, gyakutenkyle, whoever he is, he's doing another variation of Ken Berry's argument to me, that somehow, my step 1 labor is worse, and more wrong, etc. and that's somehow why I can't be credited, let alone compensated... But objective facts and an intellectually honest analysis expose the disingenuous bullshit for what it is, a runaround, etc. You're starting with the agenda, "He should NOT be credited, so what can I come up with to advance this position?" and working your way towards it! It's not an honest, wherever-the-facts-may-lead-you type of analysis. Like Kirsten Miller, a hateful hack, she wants the outcome of an XCISE given her blackballer/blacklisting punishment mentality (and she would've been very butt-hurt if I HAD been credited), so whatever arguments she can find that almost sound convincing, that's what she'll do!

Quote from: gyakutenkyle
All parties involved with these original fan translations, and with fan translations in general, are supposedly working "for love of the game", with no intent or expectation to receive monetary compensation or legal recognition.

>
Quote from: Xalphenos
1. XSEED used the fan translated script for the basis of their translation.
2. Deuce received full credit, and compensation for said translated script.
3. The fan translation used by XSEED was the product of a joint venture between, at the very least, Deuce and Nightwolve.
4. Nightwolve received no credit, compensation, or thanks.

Refer to the objective facts above! If he got credited, I too should've been credited. If he got paid, I too should've been paid! I'm not into corporate welfare, maybe you are, but I'm not. I didn't perform this labor at the time for a for-profit corporation. If DeuceBag was a corporation, I wouldn't have done the labor for him for free, and if I was a corporation, he wouldn't have done his labor for free to me either! We both did free labor because it went into free patches. With a corporation coming into the picture, that changes the circumstances completely and that should've triggered a contacting of all relevant parties to have had this debate BACK THEN, the 2010 Felghana deal! Instead, XSEED and DeuceBag chose a policy of secrecy against everybody else in the project and unilaterally, arrogantly made a decision with no other form of input by anyone else, a decision that would lead to only having to pay one guy, instead of two, and only having to credit one guy, instead of two!!!! Convenient... That's one response.

The other response is, you don't get to tell somebody else what they should supposedly "feel." This bizarre demand for conformity, that ALL fan translators are supposed to be doing it TOTALLY for the love of the games because they don't have licensing, that it all should be a non-profit or anti-profit humanitarian mission, etc. I find totalitarian, self-serving, and fanatical given the behavior of those that promote it! If somebody wants to charge for their unlicensed software or product, that's their decision and concern! Hiding behind a computer and yelling, demanding that it's supposed to be 100% free, that you're supposed to get your hands on the patch for free always struck me as a "stick up!" and/or a "bribe." If you care about copyright law, your only position should be that an unlicensed translation patch should NOT exist, not hypocritically have it both ways, ignore copyright law if you're given it for free, but then scream about copyright law, to run and fetch a license, should the idea of a charge (AKA a pay-to-play "scheme") come into the picture...

There's NOTHING "evil" about doing something that you both love and generating money/revenue for it at the SAME TIME! That's the best kind of work! Projecting that, under these circumstances, unlicensed fan translators are ONLY supposed to be doing this for the love of the games and not anything else is YOUR PERSONAL projection of an expectation or demand being placed on somebody else and it's, in my view, an entirely self-serving notion! I didn't need your permission to start fan translating and I don't need your exact reasons for why or why not I should be doing it, etc.! If you wanna make unlicensed fan patches, have a total no-donation policy and no other revenue generating ideas in place, that's your business, GO AHEAD! NOT MY PROBLEM! But, that's never enough for fan credo ideologues like yourself, you gotta try to impose it on other people, let your anti-capitalist/anti-profit fanaticism seep into it and demonize them when they step out of your self-serving line!

Quote from: gyakutenkyle
Within a fan translation group, the translator is really the lucky one since his work is legally allowed to exist and has some measure of copyright protection. This is a luxury possessed by no other member,

That's IF your faulty and arrogant analysis is to be believed and were it factual, which it isn't (as already shown)! Once again, if your nonsense was true, you could run around and translate whatever you wanted without licensing and thus neutralize the copyright protection of the owner of the original work!!! You neutralize the copyright protection of the source copyright holder, one party, all the while claiming that another party, an unauthorized/unlicensed translator, would have some kind of copyright protection for that which they didn't get permission to do in the first place and were required by law to do so!!

Quote from: gyakutenkyle
and I think if any fan translations are ever to be purchased by video game publishers in the future, this same issue has a good chance of popping up again.

I doubt it, I think given all the evidence, this was Lipschultz's "NightWolve sucks!" rule/exception! A blackballing/blacklisting punishment/persecution decision/mindset for our past feud, mutual hatred, etc. What he's doing now is all about trying to post-rationalize it in a logical way to avoid admitting it was personal, and retaliatory (cause that doesn't look too good for any company), etc. And DeuceBag was given an offer he couldn't refuse, turning out to be a callous criminal backstabber, so he obviously didn't give a fuck, and it all happened the way that it happened!

The policy of secrecy, backstabbing, backtalking, etc. making sure no other relevant parties were contacted was most certainly due to Lipschultz - that was his M.O. before being hired by XSEED! He had already conspired with DeuceBag, Miller the Menace, etc. to redirect the Ys Origin results to his Italian buddy before he was hired by XSEED, a project that I had started with DeuceBag in 2007. Then came the first Felghana XSEED deal, and the same policy of secrecy applied, letting me be the last to know about anything, letting me find out from strangers, etc.!



>Fun Historical Fact: How did Lipschultz (http://i237.photobucket.com/albums/ff216/Sephiroth1975/General/Gaming/ThomasLipschultzPoopedOn.png) and my criminal ex-partner/pseudo-friend, Jeff "DeuceBag" Nussbaum (AKA "The C*ck-FlasherTM"), of ~9 years at the time, let me find out about the first Felghana deal that was publicized on May-15-2010 (http://www.neo-geo.com/forums/printthread.php?t=212064&pp=50&page=1) ??

Answer: From a complete stranger, someone from Tokushima, Japan! That's how!

Update: Thanks to Psycho Kirsten "omgfloofy" Miller and her creepy "detective's report" which happened to be on the same person, I learned his real name is John Sears who did a Lunar translation in the past, and was beginning work with XSEED for "Legend of Heroes: Trails in the Sky." He felt XSEED was lowballing him as it is a criminal cheapskate company, and that's why he wanted inside info from me on how much XSEED offered for the Felghana fan translation. John BTW now represents yet another burned bridge for XSEED, just like Victor Ireland, they keep racking up enemies left and right...

So, I checked my Inbox on May 30, 2010, I would only come online once every month or two months at the time since I was busy, and THIS is what I found:

Quote from: Falcom Fan (John Sears), Saturday, May 29, 2010
Subject: How much did you guys get paid for the Felghana translation?

How did How much did you guys get paid for the Felghana translation? I know it was Deuce and NightWolve's translation and so I hope this is the right e-mail address. Anyway, I am curious to find out what you were paid so I know if what I'm getting offered a fair price or not for my translation work.

He sent it to multiple addresses of mine, here's another form:

Quote from: Falcom Fan, Saturday, May 29, 2010
Dear NightWolve,

How much did you guys get paid for the Felghana translation from XSEED?
I know it was Deuce and your translation so I hope this is the right e-mail address.
Anyway, I am curious to find out what you were paid so I know if what I'm getting offered a fair price or not for my translation work.

The reason is, my job is a lot bigger than Felghana, maybe 6-8 times larger than Felghana, in fact, so I am a little skeptical at the offering price. Please hit me up as soon as possible if you can. Also, if you have Deuce's e-mail address, that would be great, too.
And the last one:
Quote from: Falcom Fan, Sunday, May 30, 2010
I have actually been working on another game and have been approached by a company offering a couple grand for the translation and somehow I think it's not worth my time to deal with them considering that there is potential millions in revenue to me made on their side while I get bent over backwards.

I heard that you and Deuce had sold the translation to Ys: The Oath in Felghana and I was wondering if you had received more than that or just a few measly grand for your years of work? I'm debating what to do considering all the time I've put in to this work and a few grand just doesn't seem worth it or maybe I should ask for a better deal or something.

If you could let me know, I would appreciate it.

I DID NOT KNOW WHAT THE HELL THIS MAN WAS SMOKING! THAT WAS MY INTERNAL RESPONSE!

I almost snapped at him; I was writing up the email and had saved it as a draft where I was gonna basically, in frustration, accuse him of a MASSIVE failure in fact-checking!!! It was so ridiculous, so unbelievable!!!

But THEN, something stopped me from replying back to him with such an email... I tried to think, where the hell is he getting this info ?? Why does he believe that this actually happened ?? So I turned to google search, and at first, all I could find was an XSEED press release stating that they had bought the U.S. licensing rights to localize Felghana for the PSP. It said NOTHING about some use of a fan translation... So I kept looking and looking, and eventually, I ran into the Thieves' Den, the sewer of the Internet, GameFAQs, etc. and somebody there had said that DeuceBag announced the deal in some NeoGeo Forum. I knew what he was talking about, so I went to that forum and alas, I found the thread in question... My jaw dropped, I figured he must've emailed me but I missed it somehow... So I searched the hell out of my Inbox, but nothing!!! WHO KNOWS WHEN I WOULD'VE FOUND OUT! I would've been offline for another month or so after that!

Anyhow, THAT'S HOW THESE CRIMINALS CONDUCTED BUSINESS!!! THAT'S HOW THEY TREATED ME! DEUCEBAG WOULD GO ON WITH THIS SILENCE FOR 3 YEARS! That's how he played the game, until now, where I managed to get him butt-hurt enough to threaten a lawsuit! So yeah, the deal was already done at that point, he had already got paid, and I was the last to know anything! I only know because some random guy emailed me about it and assumed XSEED Games had done business fairly, morally, ethically, etc. Well, he was mistaken about that!!! And I almost chewed his head off for incompetence in thinking that a corporation would've done something unprecedented like this! I was wrong, as I found!

Long story short, I eventually learned (in November 2010 I think) that Lipschultz was the man behind XSEED that orchestrated this XSEEDINGLY DISTURBING XCISE and I immediately thought to myself, "UH-OH, so THAT'S why!!!" He and I were each others' nemesis at that point, we had some phony truce going, but the hatred was still there... So yeah, it all now made sense, the questions that haunted me for a few months there, "Why wouldn't Jeff contact me ?? What the HELL is going on here ?? Why is he playing stupid with me ??"



Alright, continuing on with the rest of gyakutenkyle's bullshit and manipulative type posts/appeals to me. Sigh, in the end, I find him to be just a not-so-good spin doctor... What a waste of time, but oh well!

Quote from: gyakutenkyle
and it speaks poorly of NightWolve's character that he would not only create such a rant, but also suggest that people boycott a company responsible for bringing the games he loves into the public eye.

Essentially, he's demonizing me for fighting back. As mentioned elsewhere, I tried to solve this with Ken Berry, Director of Publishing, last summer (2012) but by the 3rd and final call, he fed me disingenuous bullshit (like, do you have a paypal icon on your website??) and effectively was basically telling me to go away [quietly] and too bad!

So, ultimately, trying to solve this civilly was never going to happen. And if this doesn't either, well, so be it, the world will know the full story at the very least! And yess, I'm well aware that this puts me in a difficult position, a rock and a hard place, simultaneously loving the Ys series and yet pitting me against a company that cheated me, but that has been localizing many games in the series!

I didn't actually need you to point this out in a manipulative tone, I already thought about it. Ultimately, the choice is walk away, keep quiet and forget about it, or fight back! I'm choosing the latter! I recognize the objective consequences, but that's also on XSEED's/Lipschultz's/DeuceBag's hands and how they conducted themselves with that first Felghana deal and thereafter! They too bear responsibility for this negative outcome given their moral/ethical conduct, etc. NOT JUST ME! So don't just shove all the blame down on me, you f--king prick!

What does this whole thing indicate about the character, the morality/ethics of B.J.DeuceBag and Lipschultz ?? Ah, right, you're a bigoted shill and you're not gonna bother to ask the question in the other/opposite direction, are you ? Of course not.

Quote from: gyakutenkyle
NightWolve had previously been upset with the rampant piracy he'd seen, so it seems reasonable to assume he'd be pleased that so many people are now legitimately enjoying Nihon Falcom games in English, and have spent money on them in direct support of the developer. By staging a boycott, however, he can only bring harm to a game studio he claims to defend.

Here, he sets up a straw man to create some kind of hypocrisy argument. 1) XSEED already paid the licensing fees to Falcom, so as a company, Falcom already got their money/support! 2) This is a boycott of XSEED, not Falcom! You're deceptively using the connection of the two interchangeably. Falcom isn't responsible for this injustice, XSEED/DeuceBag are!

Quote from: gyakutenkyle
Certainly, that is not an act of one who operates "for love of the game", and it calls into question NightWolve's intentions in ever having assisted with these projects in the first place.

I don't need to prove my love of Ys games to the likes of some random douchebag! It's self-evident! The thousands of hours that I spent that made these projects possible already does that! What's your proof of support, any games you own to speak of ?? What kind of help have YOU ever given to ANYONE on the matter ?? I think manipulative cunts like you that make these kinds of arguments should be the ones asked to "prove" something! After ALL the proving that I've done, I STILL gotta "prove" something ?? Also, I didn't "assist" these projects, I fought for them, managed them, did the most amount of work to make them possible! He's minimizing my work/sacrifices down to "project assistant," just like any other ignorant and arrogant hack eventually does.

"YOU'RE NOT A REAL YS FAN, YOU JUST CARE ABOUT MONEY!!!! A REAL Ys fan would walk away!!" - That IS what this cunt is telling me in a way!

And yesss, calling for a boycott of a company that cheated me means hurting it, but that's only if they choose to never correct the injustice at issue! You simply want my love of Ys and Falcom to be held hostage, held over me, etc., if I don't simply ignore the fact that I was cheated, and walk away quietly. That's ultimately the 2 options that your manipulative post suggests for me! Option 1) If you boycott XSEED, then you're not a "REAL" Ys Fan, etc. (by your standards) and Option 2) If you walk away and stop this, well, then that's that... All can be well again in the Ys community...

So no, to be clear, the "act" here is of someone who wants to correct an injustice. That's what it is! You, and others like you, well, you only ever think in self-serving terms on the consumer level. It's supposed to be 100% FREE-FOR-ME when it comes to the patches, and now, well, I was supposed to just continue to keep quiet about what happened and walk away because this will hurt XSEED and there might be people that sympathize with what happened and possibly avoid them, etc. I know I denied Lipschultz/XSEED at least one $15 Felghana Steam sale so far (a donor offered to buy it for me if I registered with Steam, but I declined and told him what Lipschultz/DeuceBag/XSEED did instead!), but that was a while back and YEAH, I was/AM happy about that!! A % of that would've went into Lipschultz's pocket and the facts of what he did, how he handled approaching that first deal are there, along with our VERY hostile/negative past! This is not something you just walk away from, I have concluded. Simple as that...

The other aspect to this and why it needs to be told is that programmers/project managers of fan translations need to watch their back!!! Period! Clear agreements need to be made before accepting somebody's work and letting them join your team!! ALL fan translation teams SHOULD KNOW how XSEED Games (http://www.xseedgames.com) handled themselves here and how a project member in their ranks could potentially behave by running off with all the work were he/she entrusted with it totally should a RARE opportunity like this ever occur again!!!! I would NOT want this to happen to somebody else! It was criminal, vindictive, disgusting, a historical snub/punishment, a denial of a piece of videogame history and I had sacrificed so much to make these projects happen, I just wouldn't want somebody else to be stuck with a lifetime memory of such a betrayal, a backstab of this enormous magnitude!!!! B.J.DeuceBag is a callous, criminal a$$hole, a monumental monster (as is Lipschultz!), and I don't exaggerate my feelings about him and his behavior in the aftermath!!!



Finally, I've almost reached the end of what I have to say to you. Early on I told you that'd I'd demonstrate that this is not about "ownership" and I did, somewhat, but I wanna complete the rest of my thoughts on that. I view the "ownership" argument as a false framing of the debate in order to try to intentionally seek out a way to exclude the programming labor/time of another party and effectively reduce relevant labor down to "typing" as the only type that matters. I leave you with the most apt hypothetical, I think, to get away from this type of nonsense.

It's like this: Take a situation with Working Designs (formerly known as). For their last game for Saturn, I believe, Victor Ireland stated that the copyright holder lost source code and that his programmers had to do reverse engineering from the binaries to help get this game translated! So, I'm gonna work off of that scenario to make this point. That's the set up!

OK, now, if I was inside the company, and working on this job, I would be paid by the hour or by salary to do whatever I can! When I successfully recover the Japanese text out of the binaries because the source was lost (let's assume that's the case for this hypothetical), I don't get to say it's "mine" in a legal sense. I am responsible for making it visible again, recovering that which was lost, but it's not "mine."

Then, the Japanese text would be handed over to the translator in the company, and would thus get converted to English. I made the Japanese text visible as the programmer, and the translator then looked at the Japanese text and made English text visible next to it, etc. Does the translator now "own" the English text that they typed or BOTH columns ?? No, it's work that was done inside the company, the licensed company owns it anyway. But it's also a copyrighted story, and a translation of it is a derivative work (see link below) which in an exclusive right of the copyright holder, so that translator can't run off with it and legally sell it elsewhere!!!

Quote from: http://en.wikipedia.org/wiki/Copyright_Act_of_1976
See Exclusive Rights Section:
Section 106 granted five exclusive rights to copyright holders:
   2) the right to create derivative works of the original work,
(Even under US Copyright law (not international), you're a miserable f#cking failure having claimed he's a "legal owner" of his translated results!)

To the point: In this scenario, both the programmer and translator are paid for THEIR TIME ON THIS EARTH that they spent performing the necessary tasks to achieve translated results!!! Now, switch back to us; our work was done OUTSIDE a company, unlicensed, but XSEED forgave that fact in 2010. DeuceBag snuck into my databases, and exported a 2 column file, agreed to hand it over to XSEED, but that file represented the labor of 2 main people in terms of TIME ON THIS EARTH (JUST LIKE YOU'RE PAID AT YOUR JOB!), it was a 2 man job!!!!

DeuceBag did not legally sell an "object" that was "his." He was PAID FOR HIS TIME AND CREDITED, BUT NOT ME!!! So, this was retro-actively the selling of services, of time, not of an object that was legally his OR mine, this 2 column Excel file!! If I am the legal owner of a car, I get to sell the car, the object, because it is legally mine! That thinking is not applicable here! The Japanese text that I made visible, by decoding, converting, etc. that is not legally mine (it's Falcom's), and the English text that he made visible by processing it in WWWJDIC and deriving meaning, etc. in English, that is not legally his either (it's a right-of-translation infringement or was till it was essentially "blessed" by a license holder, XSEED)!!

So in the end, objectively, DeuceBag was paid for his time spent translating and because he was in possession of source text and software that I spent time on prior to that, etc. But, XSEED did not pay me for my time, neither did they credit me for my time either as a programmer or under say an unusual category like, "English Translation services by" or "English Translation Provided By the Efforts Of", etc. which they could've done considering how far they went with what they already did...

They want me to believe that they didn't act unethically, but these folks went around secretly and my criminal partner never had anything to say to me ever since, not for 3 years, and that was just for a SHUT UP lawsuit threat!! So yeah, this is all criminality to me! Purty simple! I didn't protect the databases, I didn't encrypt the Japanese column of text as I should've, which would've forced him to communicate with me about what was happening, etc. So I didn't do a lot of things to watch my back for an a$$hole that turned out to be a backstabber-in-waiting of an UNBELIEVABLE magnitude!!!!!!!!!!!!!!!!!!!!!!!!!

Conclusion About You: You're a hack and YOU WOULD make a good "lieyer" because that's part of the job, coming up with a lot bullshit, trying to sell it, and hope that a judge or jury "buys it" to get your client off the hook (this case, XSEED)!!! I'm not even gonna say your attempt was a "nice try" because it wasn't, far from it!
Title: Re: "Boycott XSEED!" thread on AHOY ALOY >> gyakutenkyle
Post by: NightWolve on Jun. 30, 2013, 10:55:17 PM
Source: http://seldane.proboards.com/post/185896/thread on 6/30/2013
UserName: gyakutenkyle (http://seldane.proboards.com/user/2324)
Post Status: 100%, I think the response is good enough.
Round: 2


Let's help this aspiring, misinformed "lieyer" out some more, shall we ?? He still needs it apparently. But first, I have to facepalm a blatant lie (or strawman) that this lying lieyer told! I quoted it earlier and responded in another way, but I missed the lie about me. Check this quote out again:
Quote from: gyakutenkyle
NightWolve claims that Deuce's translation is owned by Falcom just as the original Japanese text is.
See, here's the thing, I made NO such claim, no such statement. He set up a strawman, and constructed all his spin down from that. This is why hacks don't provide source quotes. They state your position for you, and falsely/wrongly at that, and then they argue a counterpoint based on it. Here's what I actually said,
Quote from: NightWolve
"He does not own it [Japanese text], Falcom does and just cause he typed the English text, he doesn't "own" that either!"
I DID NOT go on to claim that Falcom also legally owns the English text that he typed, I just didn't grant legal ownership to ANY party! I simply stated that DeuceBag doesn't legally own the English text, and my actual position is that it's an illegal "product." Copyright law was originally violated which is why he's in possession of it! A genuine legal owner of a legal product can legally sell it to ANY other party (legal transfer of ownership), publicly display/distribute/reproduce it, license out derivative works of it, etc.!! That's NOT the case here!

Poor example, but take an illegal drug like "crack," say you want to make, sell, distribute it, well, that's an illegal product, you CAN'T, not without great legal risk! You could NEVER be a "legal owner" of this substance [well, under current drug laws]! But, unlike my example, there IS actually a way for DeuceBag to become a legal owner: he could make a deal with Falcom, either pay licensing fees for translation rights (limited rights) or buy the whole copyright of the story from Falcom, hence initiate a full legal transfer of ownership from Falcom to him, etc.! THAT'S THE ONLY WAY for him to ever become a legal owner! The LAW is the LAW, as the hack says, and that would be the procedure!

Anyhow, the lying hack went on to indicate that an illegal translator *might* have legal recourse, that is, he *might* be able to win a lawsuit if Falcom took the unlicensed translation that he was illegally, publicly distributing, and then used it for an official product without permission!!! A hypocritical lawsuit : one party translated without permission, hence illegally, then the copyright holder took it without permission, so said party sues for using it without permission! The plaintiff demands copyright protection for something they created by violating the copyright protection of the defendant in the first place! A little ridiculous, isn't it ??

An intellectually honest, fair judge should legally neutralize BOTH parties if that ever happened (a dual dismissal of the case)! Falcom would counter-sue for right-of-translation infringement because permission wasn't obtained in the first place and both parties should be denied legal recourse because Falcom benefited from it (objectively, since they chose to use it), and the illegal translator broke the law to do it (for the benefit of fame or whatever), so therefore, nobody should be entitled to any legal recourse/benefits!

Of course, in his 2nd post, which we'll get to in full, he raises the point that a burglar who broke into your house and hurt himself in the process can successfully sue you for damages, yeah, I agree, with a hack/corrupt judge and a good lieyer it's possible!!!! A moral and legal outrage, a societal injustice, but yes, it has happened (thanks to judicial greed, corruption, dishonesty, etc.)! Judges are human, they can be criminals themselves and/or rule in favor of criminals! And a "good lieyer" keeps a list of these judges, like the ACLU (American Criminal Liberties Union) does, the ones that they know are the most likely to rule in their favor so they try to get their cases brought before them to maximize the chances of winning, etc.

On the flip side to his burglar example though, and the mentioning of illegal drugs, I was reminded of a Judge Judy Court TV-type episode some time back. A renter was sued by the landlady for back-rent. But, the renter escaped accountability by informing the judge that the apartment lost legal rental use, so the landlady lost her case and the deadbeat renter escaped having to pay a few months of back-rent that he owed her before moving out! Because the apartment had been denied legal rental use by the city, and she did it anyway, she couldn't seek legal recourse against a renter for back-rent, since the situation was illegal in the first place!! The judge gave this hypothetical to the landlady to help her understand why she had no legal recourse: Say if a drug user bought $1000 worth of cocaine from a drug dealer, but about 30% of it was diluted with an inactive powder, the drug user couldn't sue the drug dealer for being ripped off!! A legal court of law couldn't provide you with legal recourse since you were dealing with illegal products or situations in the first place, so you're shit out of luck, etc.! That was the message! Of course, you might also wind up with an arrest on that one, too! ;)

Anyway, the point is this, you are NOT, in principle, entitled to legal recourse for illegal activity and/or products, etc.! And just because it *might* be possible to win a lawsuit (with the right lieyer and judge ANYTHING is possible!), that doesn't make you a legal owner of an unlicensed translation! Thus, I stand by what I have to say, gyakutenkyle IS wrong! This whole attempt to frame the issue in terms of legal ownership is an intentional strategy to make a seemingly convincing argument out of a desire to ultimately cheat one person out of credit/compensation and post-rationalize the original decision that XSEED made as having been entirely proper, even legal (which is ridiculous)! Notice also that he totally ignores all the particulars between Lipschultz and myself, and the behavior of DeuceBag in the aftermath, etc...



OK, to help stop you from spreading misinformation in the future, I put these 3 quotes together for ya! Least I could do for ya AND for the good of the Internet!!

1)
Quote from: http://www.legalzoom.com/intellectual-property-rights/copyrights/what-are-derivative-works-under
1) Copyright law protects original, creative works of authorship such as books, manuscripts, music, film and video productions, computer code and works of art such as paintings and photos—among other things. Authors of these works have exclusive rights to do the following with their work:
**Distribute copies of the work to the public
**Display the copyrighted work publicly
**Prepare derivative works based upon the work

2) So What Is a Derivative Work?
Example: Translating an English novel into Spanish

3) Who Can Produce Derivative Works?
Only copyright owners have the exclusive right to produce derivative works based on their original, copyrighted works. Copyright on original works of authorship is automatic, and registration—while it does carry significant benefits, like the right to sue for infringement—is not required for a work to be protected; protection attaches immediately when the work is completed. However, a copyright owner can grant permission to someone else to make a derivative work based on his or her original—if permission is granted (in the form of a license or assignment), then creation of the derivative work is not infringement. But if the original isn’t yours and you don’t get permission to use the original from its creator, then you’re infringing that author’s copyright.

2)
Quote from: Article 8 of the Berne Convention
Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works.

3)
Quote from: http://en.wikipedia.org/wiki/Copyright_Act_of_1976
See Exclusive Rights Section:
Section 106 granted five exclusive rights to copyright holders:
   2) the right to create derivative works of the original work,
(Even under US Copyright law (not international), you're a miserable failure in having claimed he's a "legal owner" of his translated results!)



Quote from: gyakutenkyle
Though I still maintain he is misinformed, it is not for the reasons I may have implied.

(http://i237.photobucket.com/albums/ff216/Sephiroth1975/PWN/MISINFORMED_INIGO.jpg)

A good example of you being misinformed, and spreading misinformation:
Quote from: gyakutenkyle
...but American copyright law clearly indicates that the translation would fall under the umbrella of derivative work ... In other words, Deuce does not own the original text, but he does (or did) own his English translation of it. If Nihon Falcom or any other company had used it without his permission (and, by extension, without giving him due credit), he would be within his rights to seek legal recourse.

Remember this ?? Your misinformation is STILL there, uncorrected, implying that a derivative work like a translation gains you your own copyright on it and the ability to sue others for infringement!!! Just on the face of it, how the hell could somebody that illegally infringed upon on copyrighted material be entitled, in principle, to legal recourse, that is, going around and suing for some kind of infringement in a legal court of law ?? In the US, at least, you have to register your copyrighted material with the US Copyright office to be able to sue (according to legalzoom)! How you gonna get away with that when you aren't the original owner of the work, and right-of-translation is protected under national and international copyright laws as I made clear to you above ?? Pfffft. You're such a mess! You gotta love the utter, shear arrogance of this guy! Won't admit he got things wrong, but presses on ahead and repeats calling me misinformed. What a weasel/twerp...

Quote from: gyakutenkyle
Essentially, he is misinformed solely because the facts in question have no true legal precedent, as there has never been a case in court in which an unauthorised derivative work was alleged to have been used by the rights-holder of the original publication.

Why is the lack of a precedent that YOU bring up, about something that has never happened in a court of law, the source of my misinformation ?? Stupid dumbf#ck, unbelievable!

Quote from: gyakutenkyle
The answer to this question is not quite as clear cut as NightWolve would lead you to believe, nor as clear cut as I implied in my previous posting.

Stop using my name and applying everything that I have said to this new hypothetical of yours, as if I was specifically responding to this particular hypothetical that you suddenly presented!! That is dishonest, ya f#cking hack!

DeuceBag did a straight translation on Japanese text that I provided him, PERIOD! He is NOT NOR WILL HE EVER BE the "legal owner" of the English text that he typed! Derivative works are protected under copyright law for the original copyright holder as you recently had to learn, Mr. Misinformed!!! XSEED could've credited whoever the hell that they wanted, that wouldn't have broken any laws! And they could've paid whoever the hell that they wanted, that wouldn't have broken any laws either! Why ? It's essentially a retro-active legalization/endorsement, forgiving the fact that our work was done without prior permission, an ability that they gained as a legal license holder!

I've already provided the best hypothetical to this situation of outside contractors. XSEED buys a license for Felghana, but Falcom lost some source code and the script, so XSEED needs a team just like the one DeuceBag and I were. I would extract the Japanese text out of the game's binaries, prepare it, convert, maybe go the distance and even build translation software to speed up the translation process, then I would give that software to DeuceBag to convert the Japanese text to English, etc. When we finish all the work that is requested, we announce it, await payment and turn over the results to XSEED, etc. Would my work not count in this scenario ?? Would DeuceBag's work not count in this scenario ?? NOPE! You and other hacks like you instead have attached yourselves to this "legal ownership" argument because you seek an immoral/unethical outcome (the desired one), to have some way to rationally, logically, justify my exclusion, "The XCISE," the lack of crediting/compensation in the face of 100% crediting/compensation of my criminal ex-partner all the while provide cover for your hate of me and glee that this is how it happened! That's inescapable! But this "bullshit mountain" that you built up falls apart when properly scrutinized, because yeah, it's built on boatloads of bullshit!!

Quote from: gyakutenkyle
he does (or again, did) still own the English text itself due to its very nature as a derivative creation.

Once again, this menace does not learn! That's right, I'm calling you a menace too cause that's what you are, talking out of your a$$ the whole time like this and trying to recover from some of your whoopsies while not really admitting to them!!

* Only copyright owners have the exclusive right to produce derivative works based on their original, copyrighted works.

DeuceBag is not a legal owner of the English text under the letter of the law! SO STOP LYING OR MISINFORMING!!! It was a straight translation! That constitutes a derivative work, and the original copyright holder is the ONLY one that is authorized to do that, or give permission to others!

"BUT BUT HE *MIGHT* BE ABLE TO WIN A LAWSUIT IF FALCOM SEIZED IT WITHOUT ASKING!"

SO WHAT ?? YES, ABOUT THE SAME CHANCES AS THAT BURGLAR WINNING DAMAGES FROM THE HOME OWNER!! THE FACT IS, YOU HAVE NO PRECEDENT FOR IT AND THAT STILL WOULDN'T MAKE HIM A LEGAL OWNER!!! PERIOD! IT WOULD JUST MAKE HIM SOMEBODY THAT GOT LUCKY WITH THE RIGHT LIEYER AND A JUDGE WHO WANTED TO STICK IT TO THE BIG, BAD CORPORATION!
Quote from: NightWolve
There IS actually a way for DeuceBag to become a legal owner: he could make a deal with Falcom, either pay licensing fees for translation rights (limited rights) or buy the whole copyright of the story from Falcom, hence initiate a full legal transfer of ownership from Falcom to him!!! THAT'S THE ONLY WAY for him to ever become a legal owner! The LAW is the LAW, as the hack says, and that would be the procedure!

Quote from: gyakutenkyle
In the case of this fan translation, Deuce was not within his legal rights to distribute the translated text he produced ..., nor was he within his legal rights to produce it in the first place. ... though Deuce cannot distribute his translated work without express permission from Nihon Falcom

Listen to your nonsense as a whole: He wasn't within his legal rights to produce it, to publicly distribute it, to sell it to anyone in the world, basically, it's something that, according to the letter of the law, shouldn't exist, something that can only safely exist on JUST HIS COMPUTER and not leave it except to go to Falcom or XSEED after proper legal dealings!! Even after stating and realizing all that, you still keep calling him a [legal] owner! That is NOT a legal owner with a copyright on his translated results!! Sure as hell doesn't sound like one to me and I doubt to anybody else except for you! Well, you and Miller-the-Menace of course, let's not forget her!

I'll tell you what that is, that is someone that performed translation labor, the results of which are now sitting on his computer's hard drive!! He isn't the legal owner of the copyrighted story that was originally in Japanese and neither did he gain a copyright, hence legal ownership, on the translated English text JUST BECAUSE OF THE MERE FACT THAT HE TYPED IT! NO! That's not how it works!

Therefore, this should be judged as a matter of a service being provided. Back to the contractor example. Falcom/XSEED asked him to translate the text, offered a flat fee, he performed the needed labor, and upon payment, handed over the results! He sold HIS TIME ON THIS EARTH in this scenario, not an "object" that was legally (via copyright) his, ya F#CKING MORON! So sick of you!!! That was not a legal transfer of ownership from one party to another! Just as if DeuceBag was INSIDE of Falcom as an employee and was asked to translate, he is selling HIS TIME for whatever tasks that are asked of him! He doesn't get to claim he becomes the legal owner of translated results every time he does it!!

Anyhow, of course, to make that more apt, think of it as 2 outside contractors who both wound up with translated results on their computers because of their fan translation activities. SO I ASK A SIMPLE QUESTION: WHAT ACTUAL FUCKING HARM WOULD THERE BE IF I WAS CREDITED AS WELL ?? The answer appears to be whatever BULLSHIT your a$$ can manufacture, come up with! WHAT HARM WOULD THERE BE IF I HAD BEEN SENT A CHECK FOR MY TROUBLES, FOR MY FUCKING TIME ?? WHAT HARM, YOU LYING, A$$HOLE ?? NONE WHATSOEVER! WHAT, BECAUSE A$$HOLES LIKE YOU, MILLER-TIME MIGHT'VE FELT BUTT-HURT, JEALOUS, ETC. ??

Quote from: gyakutenkyle
I trust that they made the only decision they could've.

Yes, let's take this arrogant hack's word for it... From the top, what else do we have to look at when analyzing this outcome ??

1) Um, a policy of total secrecy towards everyone else in the project starting with Felghana, an arrogant policy for something fairly unprecedented that allowed no other input from potentially relevant parties,

2) the fact that Lipschultz, an XSEED employee, had threatened to report me to the FBI (Lipschultz on Mar 8, 2010: "Be advised, I've reported you to your ISP and filed an Internet Crime Complaint Center report on you through the FBI's website" - 2 months before the Felghana deal) at the height of our feuding and bad blood before he was hired by XSEED,

3) the fact that this conveniently only results in having to pay one person, instead of two,

4) the fact that this same employee thought it was funny when somebody (Seldane, the Admin of AHOY ALOY) XCISED me from the title screen credits of my own Felghana patch...

5) Then there's B.J.DeuceBag playing stupid with me (continued secrecy/silence) for years after this Felghana deal (May 15, 2010), that is, until I went public about everything just recently, thus 3 years! He only comes out of years of hiding to simply threaten a SHUT UP lawsuit with his magically imaginary lawyer on standby...

So yeah, let's NOT look at ANY of these other details, let's just play this game about legal ownership over unlicensed translated text and see how far we can go with that!!! Right on!! Face it, you're a shill and a hack!!

http://www.ysutopia.net/images/TomLipschultzOnACreditXCISE.png - Right there, take a good look at him a$$hole! That's the guy that orchestrated the deal, a manchild! You think I got a fair shake given all the history and bad blood with this guy with him being the one that orchestrated the deal, who completely bypassed me, asked for no input whatsoever, etc. ?? And because it just happened to be the case that I hadn't protected the databases or the Japanese text in particular, which allowed DeuceBag to export the needed data totally in secret, I made it EASY for the bastards to boot!!!

Anyway, just WHO THE HELL are you to come in and say you "trust" that they made the ONLY decision that they could've ?? BULL F#CKING SHIT!! You couldn't even get your facts straight on copyright laws!!

Addendum: I think a VERY interesting question is this: If DeuceBag was unavailable for months back in May 2010, say in a coma in a hospital or whatever, just totally unavailable/unreachable, what would Lipschultz have done then ?? Would he have contacted me to export an Excel file of the Felghana script or would XSEED have translated it themselves ?? Only Lipschultz knows for sure, but I have my guess!

UPDATE: Based on Lipschultz's recently confessed (via email) "presentation" of me to XSEED in 2010, a) defining me by the Felghana leak, b) the Ys Origin feuding, thus two drama shit-storms, and c) sending his coworkers to my website knowing they'd find a photo of my middle finger, the answer is clear, XSEED would NOT have ever contacted me. He presented me to his boss Ken Berry as a "monster," as "radioactive" and he managed to get the overall result that he wanted, still getting to use the translations these fan projects produced, but snub/ignore/bypass me and pretend there was no reason whatsoever to have EVER contacted, let alone, included me!

Lipschultz is a vicious, bigoted criminal that essentially used his company for vindictive revenge! Given such a "presentation," it's somewhat understandable albeit incompetent why Ken Berry conducted "business" the way that he did, but at the end of the day, he/they should've translated internally if they were hellbent on cheating me!!!!! That's the historical message here, you should've f--ked off and translated internally if you weren't gonna be fair about this, you disgusting f--king criminals! BURN IN HELL!
Title: Re: The "Boycott XSEED!" thread on AHOY ALOY! >> Sara "the Shill" Leen
Post by: NightWolve on Aug. 19, 2013, 10:15:58 AM
Source: http://seldane.proboards.com/post/185745/thread on Jun 20, 2013
UserName: Sara (http://seldane.proboards.com/user/2017) (Sara "the Shill" Leen (http://sara.wingdreams.net/), XSEED's Steam Programmer)
Post Status: 100% - Good enough, fully edited, ready for a full read.

Quote from: Sara Leen
In a way, I'm surprised he hasn't found some way to drag me into all this, too. It drives me insane seeing all this and I can't help but wonder... how NightWolve works.

So to start it off, Sara, an XSEED contractor who decided to shill for a company that she has worked for, slanders me as being somehow reckless, that I would recklessly drag someone into this that didn't have anything to do with it... First off, YOU dragged yourself into this, Sara, not me! Nobody strapped you to a chair, forced you to read that "Boycott XSEED" thread word for word, nor did they force you to actually post in it! So, I really dunno what the hell you're talking about and I certainly resent it... You're "surprised" I didn't manage to drag you into this ?? On what factual basis do you make this scurrilous charge ? How were you relevant to what DeuceBag and Lipschultz did or the conversations I had with Ken Berry ?? Those are the people I have been talking about, last I checked...

Well, in trying to figure out who she was, what the hell she was talking about, I realized that back when I tried to contact Ken Berry (XSEED's Director of Publishing), on May 5th, 2012, I sent 2 emails, one to XSEED's PR representative and one to her asking for Ken's phone number. None of them ever replied, but I found Ken's phone # anyway. So, that's the only connection I have to her (an email that she ignored) along with the one that begins now in answering her posts... Pretty sure she doesn't know that it was me that asked the question, so her false charge is based on who knows what, but whatever...

Quote from: Sara Leen
I just want to say that I have no disrespect for NightWolve's work. Just the way he's lashing out. Things should really be settled in more gentle and amicable or at least calm ways, and this seems more like a "kill it all with fire" approach. I don't have any input to give on the situation itself, really, and not sure I could if I did.

Well, you see Sara, I already tried to "settle" this back on 5/6/2012 when I called Ken, which is all about why I emailed you asking for his phone number... I found it anyway, no thanks to you, but needless to say, while it sounded like he was gonna cooperate after the 2nd call, with the 3rd and final call, his whole tone changed, he fed me a bunch of disingenuous bullshit (e.g. "Do you have a paypal icon on your site?" - as did DeuceBag once!), basically, it was a polite "Too bad and bye bye!"

See, the problem only had a chance to be solved with Ken, if ever... "Ladies' Man LipschultzTM" (http://i237.photobucket.com/albums/ff216/Sephiroth1975/General/Gaming/ThomasLipschultzPoopedOn.png) was the cause of the problem and it was never going to be solved with him, not then, not now, not EVER! I had to speak to someone above him, that was the whole point, not just to embarrass the bastard, that was only ever a side benefit. I wanted justice for what had happened, a correction to the XSEED XCISE, at least for the Steam releases (too late for printed PSP carts), to not allow this to continue any longer! Funny thing, the day that I called Ken, "Ladies' Man LipschultzTM" threatened me with this,
Quote from: Ladies' Man Lipschultz
"Just to let you know, BTW, anything you write to me in email is fair game to be shared publicly."
and my response was this,
Quote from: NightWolve, 5/6/2012
"I too can make threats... Just to let you know, BTW, anything you write back to me in email is "fair game" to be CC'ed to Ken Berry who I spoke to over the phone about 2 hours ago... He's gonna wanna talk to you about our brief discussion..."
- Boy, I sure do wish I could've been a fly on the wall and listened in on that Monday when the bastard came into work!

Anyhow, XSEED has no intention of "settling" this matter and yet you would expect gentle, amicable, calm, etc. approaches by me after all that I went through with Lipschultz before he was hired by XSEED and DeuceBag's 3 years of silence and playing stupid ?? XSEED decided that I could be ignored and that I'd eventually "go away..." Well, I am going to show them that that was a mistake. Hopefully, I have already done that! In this situation, the only recourse is a public boycott, telling the story of what happened. There isn't much else... And don't you DARE lecture me about civility! This isn't the real Lipschultz... I remember him when he was just a fanboy with his fan credo fanaticism and wanting to demonize me all over the Internet after fallout with the Ys Origin parallel project dispute, similar to Kirsten Miller, except that she's far worse mentally and has been doing it for years (mass demonization at every opportunity my name comes up!)!

>> This right here is the Lipschultz that I remember! (http://www.ysutopia.net/images/TomLipschultzOnACreditXCISE.png) << Not the Lipschultz that you see now that has to force himself to act professionally to protect his job, to get people to believe that his personal grudge for me didn't in ANY way affect how business was conducted with that first Felghana deal, when 2 months right before it happened he had threatened that he had reported me to my ISP and the FBI crime center!! Total secrecy at the time against EVERYBODY else in the translation project doesn't show an attempt to have been fair, open, willing to hear all sides on the issue, one way or another... That shows arrogance, unilateralism, and spite, frankly etc.! Deliberate desire to avoid one person in favor of another! As project manager, I was in a far better position to know how everyone's work was reflected in what and I could provide an export far faster than having DeuceBag sneak and fumble around in my Access database to learn how to do it on the spot, but yet they made sure to bypass me and made it so that I'd be the last to know anything... DeuceBag continued with this silence 3 years on, as mentioned!

Source: http://seldane.proboards.com/post/185779/thread on Jun 22, 2013

Quote from: Sara Leen
Honestly? At this point, he should just get over this stuff with Tom and DeuceBag or go ahead and marry them.

Oh wow, looky here, we got a comedian! "Durrr, you should go marry them! Ha ha ha!" So a gender-neutral polygamous marriage supporter to boot, huh ?? Is the 2-and-only-2 marriage rule/restriction also unfair, arbitrary, discriminatory, etc. ?? Heh-heh.

You know, one of the most arrogant things is for somebody else to tell a victim of something to "Get over it!" This is not something you could ever fully get over, mam! You're not in my shoes, you never made all the sacrifices that I did, so it's nothing but pure arrogance for you as an outsider looking in to claim it's time for me to "get over it!" When I have justice, then maybe I'll "get over" some aspects of it, but this is not something you could ever fully forget! This was criminality, backstabbing, persecution, vindictiveness at its finest! This was a rare, once-in-a-lifetime opportunity; there'll never be another Ys series and this never really happened to a fan translation team before, yet DeuceBag stole unprecedented benefits all for himself, the honor, recognition, the credit, and the profit from an official corporation for work/labor he wasn't 100% responsible for, and he never had a single thing to say to me for 3 years... When he finally did, it basically was, "STFU, I have a lawyer! Remove ANY and ALL references to me on your website or legal action shall be brought down upon you!!! RRRRRRRRAAAAWWWWWRRRR!!!!!" - Paraphrased a bit, but I capture his deucebaggery perfectly accurately.

At least "Ladies' Man LipschultzTM" can craft a well-written apology, but given he's manipulative, deceptive, dishonest, you can't do much with it, especially when it's basically just a "I'm sorry, I can't fix this, but please don't hate us, etc.!" This is what happens when you have some leverage over him, and he has to act with some level of professionalism as an XSEED employee and cannot act the way that he did in the good ole days as a fanboy where trashing/bashing El NightWolve was a fun sport to pander to freeloaders/pirates!! Nice thing is, now that he's having to walk in the shoes of an official producer (and go beyond his fanboy consumer level-based shoes, thus gain more perspective) and is (as in XSEED) getting "pirated on" by the very a$$holes that he once pandered to, he actually once admitted that I "may" have a point on these matters, heaven forbid, cause you know, teh NightWolve is always supposed to be wrong!! I'm glad his arrogance caught up with him there.

Quote from: Sara Leen
It drives me insane seeing all this and I can't help but wonder... how NightWolve works. .... I just want this to be over. ...  just hope for all of this to finally be over, preferrably sometime soon. However that may be.

(http://i237.photobucket.com/albums/ff216/Sephiroth1975/PWN/StrappedToAChair.jpg)

Ah, poor Sara... It can always be "over," Sara... Just don't click back in any thread that causes you such distress, you poor thing! But see, your mere "want" of this to be over (which translates to, "Please shut up and go away!"), your apparent inability to look away (so to speak), and your dismissal, mocking of my grievances with the cheapskate, criminal company that you work for is not going to be a deciding factor on me not continuing to speak my mind about what happened! Sorry Sara! This was a genuine injustice perpetrated by 2 genuine, bigoted, criminal a$$holes and since it's not going to be corrected, I'm gonna let loose like I should've done a long time ago! It's that simple.

Quote from: Sara Leen
Edit: I'm also going to say, about that remark that Falcom probably owns any script derived from the original... That's almost certainly right. I don't say this as a representative of anyone, especially not XSEED, though. But think about it: No altering of the work was authorized, so there's no reason the altered work belongs to anyone at all, but if it does, it would probably be the original author. Otherwise, you could just change a word in a book and say it's yours now. It doesn't work that way. Copying it all via character recognition wouldn't make it yours, either; the source is irrelevant to your rights, I think. I am Not An Expert, but I'm pretty sure of this.

This means that, realistically, if I'm correct, none of the work NightWolve AND DEUCEBAG actually has real rights to (which logically probably isn't much of it, really just his tools and such) was used in the final product. That being said, I can't see why it would be wrong to credit him in respect for what he's done for the community, if not for the fact he's always yelling at everyone.

That's right Sara. She actually said something intellectually honest and factual here, well, almost. There are no legal rights here as far as the script, but you left out DeuceBag's name after mine. You limited your comment to just me, when it was also applicable to him. So, it's not about legal ownership and a transfer of it from one party to another. That wasn't possible. So, logically, this was about paying somebody for their time/labor, for services rendered, and only one party was paid and credited for that while another party was deliberately ignored in a deal all orchestrated by an employee that had a provable grudge for said ignored/excluded party, etc.

Even if we played the legal ownership game, and that's all it is, a game, DeuceBag was still in possession of translated results thanks to my step 1 labor for script extraction/preparation and along with software to facilitate the translation process. That does NOT count for 0.00000000% as YOUR M0THERF--KING CRIMINAL COMPANY DECIDED THAT IT DOES IN SECRET! SO F--K YOU ALL TO HELL!! At best that is "co-ownership" NOT 100% for him, and 0% for everybody else, or more like F--K EVERBODY else which is how he/you all operated on! He got the benefit of this once-in-a-lifetime opportunity precisely because of the time that I sacrificed in running and marketing these fan projects, which also attracted "Ladies' Man LipschultzTM" to the table, who worked on 2 projects with me, and who would go on to be hired by XSEED and make this possible, etc. Fact is, they never should've touched these fan translated results if they were gonna bungle this up to such a disgusting degree!

I'm gonna reuse this from Ken Berry, but here:

http://blog.hardcoregaming101.net/2011/07/history-of-ys-interviews-by-john.html
Question: "Can XSEED comment on working with DeuceBag to bring about the official localisation of Oath in Felghana and Ys I&II?"
Quote from: Ken Berry, Director of Publishing at XSEED Games
As we were getting ready to start on the translations for these projects, our newly hired Falcom fanboy, Tom, stated that there were already some great English translations created by another Falcom fan that went by the name “Deuce” on message boards. Since Tom knew Deuce he reached out to him about us using his translations and Deuce was immediately onboard. A lot of companies, including us when there’s too many projects for our in-house staff, outsource their translation so we figured why not outsource it to someone that’s intimately familiar with the material while also saving us the time of taking a couple months to do it since it’s already done? We always have our internal team proof and edit any translated scripts, but this saved us some time in our localization process to be able to allocate any time usually reserved for the translation process to the editing side for a more polished final product.

If using a ready-to-go fan translation saved XSEED time, then my time + DeuceBag's time is what saved XSEED time! MY TIME WAS NOT F--KING WORTHLESS AS SOME AHOY ALOY, CRIMINAL, BIGOTED MALCONTENTS SAY THAT IT IS LIKE THIS, "Truner Razer" (http://seldane.proboards.com/user/2334)! My "time" is precisely what put my bigoted, criminal ex-partner, DeuceBag, in this position and that is what makes it "unjust enrichment!" I did the labor under different circumstances and not for a for-profit corporation at the time! If the bastard combined with XSEED was going to cheat me, I never would've done the labor for him at the time! I can't believe I have to spell out what utter bullshit this is, how disgusting it is!

And this by DeuceBag:
http://www.neo-geo.com/forums/showthread.php?212064-I-m-getting-published!&p=2987212&viewfull=1#post2987212 (http://www.neo-geo.com/forums/showthread.php?212064-I-m-getting-published!&p=2987212&viewfull=1#post2987212)
Quote from: DeuceBag
Well, the translation was originally done purely for love of the series. I was expecting no money from it at all. I just wanted people to be able to play the games in English. The amount I received was less than it might have been as a full-time staffer, but as this is essentially found money, a big point on my resume, and a permanent, official mark on my favorite game series of all time, I was willing to accept the deal, particularly since the work had already been done.

Note he says, "I was willing to accept the deal, particularly since the work had already been done."  It was NOT a "retranslation" which would defeat the time-saving purpose of wanting a ready-to-go fan translation! The work was already done, as stated by his own criminal mouth! As an aside, it almost looks to me that he's indicating that he was possibly willing to hold out for more money! This was a once-in-a-lifetime deal, and he's trying to sound like he was playing it all cool to the people reading that, at least, in my opinion.... Pffffft. Meanwhile, he's f--king over the other man responsible for the "step 1" labor that got him there and this opportunity without a care in the world, like the callous, criminal sociopath that he has proclaimed himself to be! Good looking out DeuceBag! Thanks m0therf--ker! Like I said: BURN! IN! HELL!!!!

Finally, one from "Ladies' Man LipschultzTM" himself, from a private email, previously unreleased:
Quote from: Ladies' Man Lipschultz, Jan 7, 2011
With Sora no Kiseki on our plate, we were left a bit short-handed for our other titles... and that's the situation I was hired into. So given the state of affairs, I suggested hiring Deuce as a third-party freelance translator for the titles he'd already translated. After all, it's not a whole lot different than hiring, say, 8-4 Studios in Shinjuku, with whom XSEED's worked many times in the past... except in Deuce's case, the translation was done from the get-go, meaning the turnaround time for his work consisted of like... the time it took to format his translations for editing, and that's it. (: It was pretty much a win-win situation for everyone involved: saved us precious time, got Deuce recognition and publication, and ensured that our products were released with top-notch translations, as everyone was expecting them to be.

See, I played nice with him, congratulated him at the time to fish for some information. I wanted to make sure these weren't "retranslations" before ever saying anything publicly. Obviously with DeuceBag having played stupid with me for 6-7 months at this point, I didn't need further verification that I got screwed over, but it's always good to have evidence, to get intellectually honest answers from people at the right time, because at other times, they might not be so willing to be as honest or as accurate, etc. Definitely something I'm seeing right now.

Quote from: Sara "the Shill" Leen
if not for the fact he's always yelling at everyone.

Once again, for the ignorant and uninformed, I tried to correct this privately back in May of 2012 with Ken Berry. But, XSEED ultimately decided I could be ignored, politely told me, "Too bad, we owe you nothing, bye bye!" and that I'd eventually just go away... She's trying to use the "yelling" that's occurring right now, a year later, as an explanation for why I'm not or won't be properly credited, as if there would be a chance to correct this, if not for the yelling that's occurring right now, if that makes sense... You get the idea. It's blaming the victim's reaction to the injustice and saying, "Well see, why would they correct it now ??" THEY WEREN'T GOING TO, CHIEF, THAT'S WHY YOU'RE GETTING THE REACTION THAT YOU'RE GETTING, DUH!!


Source: http://seldane.proboards.com/post/185904/thread on July 1, 2013

Quote from: Sara "the Shill" Leen
I'm kind of confused at the point NW tries to make about Deuce being credited before XSEED. As far as I can tell, it's just how XSEED have been handling things for non-employees. ... I dunno, I just find it weird the things he focuses on so much, sometimes.

Confused, huh ? Weird ?? Totally missed the point ?? I can't help you if you're not going to pay attention yet you blame me for it cause you evidently missed the point or it went over your head, etc... Lemme spell it out for you with some context first:

1) The bigoted, hateful, heckling, hatemonger, Kirsten Miller (AKA omgfailure!), believes in blackballing, blacklisting her enemies and finds a Credit XCISE an appropriate form of punishment/persecution much like Hollywood use to do to Communists by removing them from the Credits roll of films, etc. You get the idea. She stated that when you credit someone, you objectively acknowledge everything that person represents, so she thinks, in this case, even if you benefited from somebody's work, you should be entitled to stiff him/her on a credit and get away with it! It would make her happy, you see! If I had been credited, she would've been very butt-hurt about that and would've acted like I was say the moral equivalent to Michael Vick (the dog killer) as Lipschultz brought up previously...

2) The lying, wannabe "lieyer," gyakutenkyle, stated that, somehow, XSEED couldn't "legally" credit me without putting their business partnership at risk with Falcom because I'm an unlicensed fan translator, essentially... I extracted the Japanese text without licensing... So if some guy at Falcom saw me being credited in an official US release by XSEED (after he beat it and was watching the Credits roll), and if he made the connection that I was the same guy responsible for all those unlicensed Ys patches, he would complain to XSEED, IF THAT ALL MAKES SENSE TO YOU! That was the ridiculous argument/hypothetical that he was trying to pass off!

3) The pure a$$hole "Dogi Wannabe" and character assassin stated that if you're going to credit somebody, you wouldn't want a batshit crazy raving loon in there... Hypocritical heckling hacks like him don't ever back up their slanderous/libelous assertions about "batshit crazy loon" but anyway, let's get to the point.

So, given this line of argument by at least 3 people there about why I shouldn't be credited, I pointed out that XSEED went to the trouble to credit an unlicensed fan translator first, before ANY full-time staff member there!! If crediting me puts XSEED's relationship at risk with Falcom, why wouldn't that be also true of DeuceBag ?? There would be NO unlicensed fan translation patches without that criminal's "step 2" labor and I would be just a guy with the Japanese text and the software to help translate it which would be of no consequence to Falcom... Yet, DeuceBag was credited first on an official release, etc.

Do you see my point yet on their hypocritical, selective logic ?? Or is it still "weird," still going over your head ?? No effort was made to downplay the fact that this was an unlicensed translator whose work was being used, he's credited first, not tucked away in some Special Thanks section!

(http://i237.photobucket.com/albums/ff216/Sephiroth1975/General/Gaming/YsI-IICredits.png)

Based on all their hypocritical, selective arguments on an immoral, unethical Credit XCISE, I raise the following:

1) DeuceBag is an unlicensed fan translator credited in unlicensed fan translation patches that are distributed and installed ALL OVER the world EVERY DAY! No chance of risking offense to Falcom in having credited him first and someone noticing that he's the same guy that helped create those unlicensed patches ??

2) DeuceBag posted a link to a photo of his d1ck on the Neo Geo forums, this was the "climax" prior to bragging to people about how big it is, etc. To quote Miller-time again: "If you credit somebody, you acknowledge everything that person represents." - So, is it troubling or embarrassing to XSEED that the guy that's credited before any full-time staff member immortalized himself as "The FlasherTM" ??

3) DeuceBag admitted that he "partnered up" with another man in the same room for some, shall we say, sexual relief - A genuine nerd circle jerk, or a mutual, private, dual masturbation ritual (http://www.neo-geo.com/forums/showthread.php?243427-You-know-that-guy-who-didn-t-release-SSRPG-translation&p=3543873&viewfull=1#post3543873), if you will. ;) So, is that a little embarrassing for XSEED now that I'm making it known beyond the Neo Geo forums ??

4) DeuceBag also self-proclaimed himself a sociopath who could coldly murder someone (http://www.neo-geo.com/forums/showthread.php?243427-You-know-that-guy-who-didn-t-release-SSRPG-translation&p=3543859&viewfull=1#post3543859) if he was ever so inclined... Is this a man that should be credited, that should be endorsed ??

So Sara, do you get the point yet or not ?? If the 3 hateful hacks mentioned wanna play this game of digging up dirt, using past incidents to justify f--king somebody over (the leak of my Felghana patch), bad moments in one's life, etc. and forever be representing that person by them to cheat them out of crediting, it works BOTH WAYS and we could be here all day playing that game, couldn't we ??

They wanna make the argument that it would be embarrassing if I was credited, even in a "back of the bus" Special Thanks mention. Get it ?? That crediting me would potentially risk the business partnership with Falcom even... Get it ?? My point all along was, what did I do exactly that's comparable and as embarrassing to what DeuceBag has done and said in the past, someone who is CREDITED FIRST BEFORE ANY STAFF MEMBER THEN ?? I ASK THE QUESTION! His fan translating actions were just as much unlicensed as mine!! Why would that which disqualifies me for crediting not disqualify him as well ?? Selective outrage doesn't get past my bullshit detector, sorry!

Let's play some more: "Ladies' Man LipschultzTM" *PROUDLY* defends animated/cartoon child p0rn0gr@phy under "principles of Freedom of Speech..." Alright, well, I see he's credited just fine regardless of such views. Wouldn't such a man offend a % of the population if they knew (as they now do having read this) ?? He's a hypocrite anyway, I mean, when Psycho John Schizomaniak ran crying to my Ys IV dubbing partner about 3-4 sentences that I wrote in our project ReadMe, threatening to "contact the authorities" if those lines weren't censored, "Ladies' Man LipschultzTM" self-elected himself to a committee on Official ReadMe Guidelines and Standards and conveniently defined what should or should NOT be in somebody else's ReadMe, and of course, what El NightWolve had to say didn't fit his "standards" and therefore should be censored, etc. Hahaha! Gotta love it!

The perverts sitting around in a room, realizing, hey, we can work around not being legally able to use children in p0rn0s by, well, drawing/animating the content, for them, "Ladies' Man LipschultzTM" runs to their defense to protect their content from censorship, but a few lines, 3-4, of me calling Psycho John a hack journalist and criticizing him for printing the provable lies that he wrote about me on the 2nd attempt to complete the dubs for the Ys IV project, for that, well...that needed to be censored!!! El NightWolve managed to find something that Lipschultz would wanna censor whereas pedo-fiend perverts cannot!! Moreover, if I had come to AHOY ALOY and bitched about nasty comments about me, just like he told me last time, he'd say, "Get off the Internet!" and that I'm "thin-skinned!" What can I say, sometimes I remember peoples' bullshit pretty damn good...

Anyhow, is that a man that should be credited ?? I humbly ask the question...

Well, I've had enough fun for this point, you should be able to understand it if you read through it. I did my best.

Quote from: Sara
Even watching all of this is getting tiring, and the constant arguing is getting absolutely none of us anywhere.

Heh-heh. I'm picturing that imaginary image of her strapped to a chair again! I'm going to just post a link to a friend's post on this as it sums it up well:

http://www.pcenginefx.com/forums/index.php?topic=11723.msg280816#msg280816
A lot of bitching and crap.

Not really here to entertain you. Its a take it or leave it situation. Tune in, or tune out. You know where the door is at. It's a klik away.

I might as well, have fun...

Well lets face it. You get people who get on here and complain about all sorts of shit like this, like someone is literally strapping you down to a chair, pried your eyes open, and keeps dropping drops into them while a laptop is forced in front of your face, forcing you to read all these post you can tell two lines in that you wont approve of. Instead of typing up how much you hate it all, just browse a different thread. Your activity in some squabble, or lulz of any type, is not mandatory. There are plenty of threads here you can enjoy that are conflict\lulz free. I see threads I don't care to read all the time. Instead of bitching about the content every time, usually I just don't read or reply in them. Like I said, it is not mandatory.