Question regarding MapleStory images (copyright)

MapleStory terms of service

After (quickly) reading through the terms of service, I didn't really notice a rule of using MapleStory images for free use. By that I mean that when I use these images, I will NOT gain any profit from whatsoever.

I have a question regarding that. Earlier I made a simple Memory game with MapleStory images. I obtained these through Bannedstory.

I now want to 'convert' this to an iPhone/iPad/iPod game. The game will be FREE and I will therefore NOT make any profit from this (nor from advertisements in the game). Now the question is; Does this mean I can use the MapleStory images to basically spread it out without me gaining anything from it? I believe they only deny using their images when gaining profit from it.

Thank you for your help.

Sounds like a pretty standard copyright issue to me.

Yes you're right that if you are not making a profit off the thing then it becomes not only uneconomical, but almost unfeasible to be able to sue you over using their stuff.

I would say you should just manually go in and change a few pixels around on all the images, and then they will be almost S.O.L.
But lawyers can be very tricky.

If you really wanna be bulletproof you would have to prove that yer game is somehow parodying Maple.

http://en.wikipedia.org/wiki/Parody#Copyright_issues

You got many ways to do whatever ya want, with the main point being that yer not making a profit off this thing, so yer not really an important target like yer people over on BannedStory are to Nexon.

Yeah, that was a question I had too. Bannedstory is using those images and they do make profits (or atleast get payments) for having advertisements on their website. They're still online without getting sued since they're marked as a non-profit site?

Yeah, that was a question I had too. Bannedstory is using those images and they do make profits (or atleast get payments) for having advertisements on their website. They're still online without getting sued since they're marked as a non-profit site?

Do you have to pay to use banestory? No? then its free.

Advertisement for profit its different to having to pay to use a program.

http://en.wikipedia.org/wiki/Fair_use

Note you do not have to be making a profit in order to be in violation of the copyright.
Any usage that dilutes their copyright, profits, harms their interests or otherwise offends them can be grounds for an attack.

They've gone after fan sites before just for using their images to talk about their game, you're wanting to use their images to create your own game and that would easily be considered competing against them with their own material even though your games are not similar in play style.

Do you have to pay to use banestory? No? then its free.

Advertisement for profit its different to having to pay to use a program.

I just mean that Bannedstory does have advantage of the popularity of MapleStory images and therefore having some sort of profit of the images from Nexon.

Listen this guys idea is a lil different than BannedStory.

And also, there's gotta be a photoshop thing that will put a BMP through some transform that pushes every pixel a lil to the left or right.

The guy below got away with this (basically just porting Mario to Java, with a few fanboy add-ons)

http://www.newgrounds.com/portal/view/534416

Anyway, one of the guys above is correct when they say this is a fair use issue, I'm just saying that if yer clever, you can usually get around it.

DJ's (the ones that aren't like.... The biggest in the world) make their living off of saying pineapple copyright. And... Yeah... That's about it.

So my advice is palette swap the images, and then alter them enough so that you can really say that they are no longer connected to Nexon/wizets stuff...

But again the main point is that if this game is released for free, and is only using some maple backgrounds as a template
Nexon prolly wont have time to try to "deal with you".

This is a sticky subject that deals with the finer points of the law, but yer not on the top of their to do list if you will.
(Because there are numerous sites that simply blatantly copy the entire code of Maplestory, a much more egregious offense
than what this guy is purporting to do).

So my advice is palette swap the images, and then alter them enough so that you can really say that they are no longer connected to Nexon/wizets stuff...

Note that this does not in fact magically make it yours/unique, it makes it a derivative work, and unauthorized derivative work is still copyright infringement unless you can prove fair use. The people who squeak by don't do it because it's legal - They do it because the company they're offending doesn't consider them a threat and doesn't feel like making an example of them. Nexon on the other hand has historically kept Lloyd Korn busy throwing out DMCA take downs and threats left and right, even on things that are clearly fair use, so ones that are clearly not should be doubly concerned. In the long run it's a lot easier to just find your own art work.

Listen this guys idea is a lil different than BannedStory.

And also, there's gotta be a photoshop thing that will put a BMP through some transform that pushes every pixel a lil to the left or right.

The guy below got away with this (basically just porting Mario to Java, with a few fanboy add-ons)

http://www.newgrounds.com/portal/view/534416

Anyway, one of the guys above is correct when they say this is a fair use issue, I'm just saying that if yer clever, you can usually get around it.

DJ's (the ones that aren't like.... The biggest in the world) make their living off of saying pineapple copyright. And... Yeah... That's about it.

So my advice is palette swap the images, and then alter them enough so that you can really say that they are no longer connected to Nexon/wizets stuff...

But again the main point is that if this game is released for free, and is only using some maple backgrounds as a template
Nexon prolly wont have time to try to "deal with you".

This is a sticky subject that deals with the finer points of the law, but yer not on the top of their to do list if you will.
(Because there are numerous sites that simply blatantly copy the entire code of Maplestory, a much more egregious offense
than what this guy is purporting to do).

So basically I could give every image a mustache.