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
Post Status: 100% Finished/Proofread! I'm satisfied in fully answering this man!
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.
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 Psycho DeuceBag (AKA "The Flasher
TM") 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, Psycho 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 ??
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 Psycho 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.!
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.
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!
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!
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):
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!
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.
>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 Psycho 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 Psycho 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!
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!!
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 Psycho 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 Psycho 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 Psycho 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 and my criminal ex-partner/pseudo-friend, Jeff "Psycho 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 ??
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:
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:
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:
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 Psycho 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!
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/Psycho 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.Psycho 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.
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/Psycho DeuceBag are!
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/Psycho 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 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.Psycho 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!!!
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. Psycho 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!!!!
Psycho 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, Psycho 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!