- last post: 01.01.0001 12:00 AM PDT
Posted by: x Foman123 x
I'm sorry, but these rules are infuriating to me. For a couple of days, I have attempted to use all of the contract interpretation doctrines I learned in law school and since in order to read these new game usage rules in a way that is reasonable and not overly oppressive to the machinima and game video makers out there.
After reading through the Game Usage Rules for the umpteenth time, I must come to the conclusion that they are patently unfair, impractical, poorly drafted, and likely not the final product of an attorney, but rather a document created by some idiotic marketing person after they decided that gamers "couldn't read" the lawyers' version.
My non-advisory opinion is that this "Contract" is filled with so many contradictions that it is basically unenforceable. As a result, that means that we users have NO licensing rights -- not the "very broad rights" that the Game Usage Rules purport to provide us.
If you ask me, this puts Microsoft in a pretty huge dilemma. These Rules are meant to allow machinima under certain restrictions, but instead have been messed with and altered to the point where they are too confusing and contradictory to allow for any kind of suitable guidelines for machinima makers to follow. The default, of course is that you have no rights to redistribute game content, even if modified or altered. But Microsoft is certainly not going to begin enforcing that -- fanmade machinima is free advertising and good public relations.
The end conclusion of all of this is that I agree with mostly everybody else who has stated that as long as you're not making money, you're most likely going to be fine. But I just wanted to point out that these Game Usage Rules do not say that -- under their terms, the restrictions on machinima and fanfics are horrifyingly strict, if strangely and impossibly confusing. Not that I'm advising you to go out and feel free to make any machinima you want without fear of reprisal as long as it's distributed in a non-profitable manner (I am not), but my prediction is that you won't be receiving any letters or emails from Microsoft lawyers unless you attempt to make money from these things.
I more or less share the same thoughts. Microsoft is making a set of unenforceable rules that will only ruffle the feathers of prominent Xbox Live community members. As you stated above it is understandable that Microsoft asks that no one make money of their intellectual property, I don't think anyone will argue against that. However, the restrictions on machinima and fan fiction creators are absurd and, in my opinion, should be removed or drastically edited.