Do NOT get your hopes up yet

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Do NOT get your hopes up yet

Post  Adam_rocks on Mon Jan 05, 2009 7:05 pm

People are getting their hopes up to much on VMKU. Its still not 100% Legal.

Even if VMK was not on the "U.S Legal website" doesn't mean its still not copyrighted.

Disney DID copyright VMK. Please dont say I didn't research, because I must certainly did.

Some things I learned:


VMK is the distinct property of Disney, Disney does indeed own the copyright.

And here is what one EXPERIENCED software developer said:

Being a software developer myself, I've had keen interest in ownership rights for a couple of decades and keep up with the tides of public law with respect to copyrights and ownership... at least in some regard.

A work such as VMK has many legal facts about it; branding, sounds, source code, gameplay concepts, and so-on. Each of these are elements that have some sort of ownership claim. For example, the likenesses of the characters are artwork in the legal sense, and although they may be incorporated into the game, they are still works of art that in and of themselves can carry copyright and ownership protections.

So, therefore, it becomes a problem if one were to create their own work (a web game, in this case) and use these pieces of artwork without permission. A complete change of artwork would be necessary... an expensive proposition. It's not impossible... the owner has many options to allow the use of their creations; licensing, royalty agreements, or even agreements for royalty-free use. But, that is up to the creator of the work.

Then there's the issue of look and feel. This is an area I can say that I am somewhat of an authority on due to a lawsuit that the company I work for got involved in... in fact, it set legal a number of precedents for creating look and feel in commercial software. The bottom line was the ruling in Federal court was that look and feel was considered a created work and that public display of the look and feel did not constitute a submission into the public domain. It would then be quite risky (in the legal sense) to create a work that is substantially based on the look and feel of another work, especially when there are references to that fact in either private design documents or public discussion.

Now, all of this came into question in 2006 when the Library of Congress (who is tasked for research for Congress, and thus the decisions of the Patent and Trademark Office) decided that they would make an exception to copyright claims for what they termed "abandonware", which was loosely defined as software that was created and protected under copyright, but which was not actively being produced or marketted anymore. Their decision allowed for the archival (copying) of the software, but did not go so far as to declare the software (including the elements of the software such as images, sounds, and look and feel) as public domain. This was a very loose decision, but the spirit of it was basically to allow enthusiasts and collectors the ability to circumvent copy protection and avoid licensing restrictions, but only in the capacity of preserving it... not for redistribution or sale.

So, what does all of this mean in relation to VMK?

Basically, VMK is still the property of the Walt Disney Company (or whomever they licensed it from... I'm not up on that aspect of it). They still own the likenesses... they still own the look and feel... they still own the source code. So at a minimum, to avoid a legal issue, agreements would have to be made between them and potential new developers for use of those elements individually. And while VMK might very well fall under the "abandonware" category, it would be in the sense of the work as a whole (executable code and all), which is not likely in the hands of anyone outside of the organization. And even if it were, to create a new usable version of the site wouldn't fall under the "preservation" decision of the Library of Congress.

Therefore, it appears, that unless the Walt Disney Company entered into agreements for the continued development and marketing of the site, it is highly unlikely this will happen. And if it does, the developers are easily setting themselves up for legal struggles... and those don't come cheap.
Some of the Important facts highlighted in bold...

Im not getting my hopes up on this game, and neither should any other player, until I see proof of Disney stating its OK, which I doubt it won't, since Sulake will probably also get involved. All I saw so far about this game was 3 edited pictures of VMK. The VMKU logo, the map, and the minigame.

And in these edits, all I saw was a name change, a color change, and you replacing the VMK logo with VMKU logo.

If this game does open, and stays open with an OK from Disney, then I will be wrong, and admit I was wrong.

Believe it or not, I was excited at this game when I first saw it, and was the first person ever to release a VMKU Video on youtube, which occured in MANY videos of VMKU. So you can thank me for telling 2,000+ People about it. But I stopped updating my video, since proffesionals say this is a fraud. Sorry, just by opinion... No
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thank u

Post  Magic on Mon Jan 05, 2009 7:46 pm

this is really good to know. If you a lot of information.
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Mon Jan 05, 2009 7:52 pm

Thanks...

I really dont know what to expect from this game.
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Re: Do NOT get your hopes up yet

Post  StarGirl215 on Mon Jan 05, 2009 8:02 pm

Thanks you for the information. I am still hopeful though it does seem like a prank. People are making up thier own VMKU maps, thier own trailers, and their own stories of how it came together. Why are there not any direct link to this from the VMKU homepage? I have herd about how some teenagers made it but look what I found:https://www.youtube.com/watch?v=6BSUfHNrpmo Please watch the entire video. "VMK_Mocha" is claiming she is helping with VMKU. Right now all I see is a red vmk logo when I go there. How are people getting all these extra link like to hyperspace, and falling star productions does not even have their website done! They still have alot to do! Also when disney got rid of VMK didn't they drop all the copy rights? If not where is the proof of where they are because the sight is no longer up?
Is it all a scam? Or is one story just false?
Good Luck!
StarGirl215
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Mon Jan 05, 2009 8:15 pm

StarGirl215 wrote:Thanks you for the information. I am still hopeful though it does seem like a prank. People are making up thier own VMKU maps, thier own trailers, and their own stories of how it came together. Why are there not any direct link to this from the VMKU homepage? I have herd about how some teenagers made it but look what I found:https://www.youtube.com/watch?v=6BSUfHNrpmo Please watch the entire video. "VMK_Mocha" is claiming she is helping with VMKU. Right now all I see is a red vmk logo when I go there. How are people getting all these extra link like to hyperspace, and falling star productions does not even have their website done! They still have alot to do! Also when disney got rid of VMK didn't they drop all the copy rights? If not where is the proof of where they are because the sight is no longer up?
Is it all a scam? Or is one story just false?
Good Luck!
StarGirl215

Please read all of my first pirst, and defintley the whole quote I gave. Disney still has the copyrights for VMK, even if it did close. Dont post if you didn't read, since almost all your questions were anwsered in the first post.
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Re: Do NOT get your hopes up yet

Post  StarGirl215 on Mon Jan 05, 2009 8:18 pm

Only my last question was really for you, since you dont believe in VMKU anyway, but where is the copyright proof, like where can I see it? I dont mean to argue. You didnt answer any of my other question though...
StarGirl215


Last edited by StarGirl215 on Tue Jan 06, 2009 5:34 pm; edited 1 time in total
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Mon Jan 05, 2009 8:31 pm

StarGirl215 wrote:Only my last question was really for you, since you dont believe in VMKU anyway, but where is the copyright proof, like where can I see it? I dont mean to argue. You didnt answer any of my other question though...
StargGirl215

Remember, I got this from a quote. The person who wrote the quote was a very experienced Program developer, so he should know.
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Re: Do NOT get your hopes up yet

Post  StarGirl215 on Tue Jan 06, 2009 5:34 pm

Ok ok ok, Lets just hope for the best!(Even though you still haven't answered by question but that is ok.)
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well...

Post  AcePinkDancer on Wed Jan 07, 2009 4:24 pm

well i guess i got excited too soon. LOL Embarassed
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Fri Jan 09, 2009 5:59 am

I wish the developers of the game can post something, since all they did was release 3 photo shopped images of VMK.

pale
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Re: Do NOT get your hopes up yet

Post  Sora-Star-Chan on Fri Jan 09, 2009 5:20 pm

I wish Disney would be ok with this and approve.
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LIAR, LIAR , LIAR , LOSER!

Post  LittleSmartJazz on Mon Jan 12, 2009 7:34 am

you guys can listen to him , but why would you??? he's not the owner of VMKU! He knows nothing, so far all i've seen about him is he's a big LOSER that has way too much time on his hands. He keeps on trying to get info on VMKU, and the truth is we can't!! there IS NONE. He also says he knows so much about it because he looked it up, well really?? if ANYTHING was gonna HAPPEN Dont u think it would of happened by now or we'd at least hear SOMETHING. The truth is he knows NOTHING. None of us do, other than the stuff they've showed us. So how could he know so much???

P.S ADAM you be posting here, if you don't believe in the game. Don't post in the forums at all.

P.S.S Guys remember everyone doing this with vfk??? before magic closed everyone assumed that vfk WOULD never happen, but look now, it DID. I was one of those ppl who didnt care if it happened or not so i signed up in beta 1, but i think if you guys think this game is a FRAUD, DON'T come to the site!!

ADAM: i dont care if u got some developer, how do we know you really did?? all u did was copy and paste, why dont you really show us some proof like make a youtube video with a REAL developer and give us his info so we can CONTACT him, and see if your actually telling the truth, like im gonna listen to some kid who's only YEARS older than me.
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Tue Jan 13, 2009 4:28 pm

LittleSmartJazz wrote:you guys can listen to him , but why would you??? he's not the owner of VMKU! He knows nothing, so far all i've seen about him is he's a big LOSER that has way too much time on his hands. He keeps on trying to get info on VMKU, and the truth is we can't!! there IS NONE. He also says he knows so much about it because he looked it up, well really?? if ANYTHING was gonna HAPPEN Dont u think it would of happened by now or we'd at least hear SOMETHING. The truth is he knows NOTHING. None of us do, other than the stuff they've showed us. So how could he know so much???

P.S ADAM you be posting here, if you don't believe in the game. Don't post in the forums at all.

P.S.S Guys remember everyone doing this with vfk??? before magic closed everyone assumed that vfk WOULD never happen, but look now, it DID. I was one of those ppl who didnt care if it happened or not so i signed up in beta 1, but i think if you guys think this game is a FRAUD, DON'T come to the site!!

ADAM: i dont care if u got some developer, how do we know you really did?? all u did was copy and paste, why dont you really show us some proof like make a youtube video with a REAL developer and give us his info so we can CONTACT him, and see if your actually telling the truth, like im gonna listen to some kid who's only YEARS older than me.

No need to be rude...?

First off, do NOT talk about VFK being a fraud. VFK is a WHOLE different thing. VFK designed their own minigames,rooms,and items. VMKU is a different story. They aren't making their stuff. They just get VMK pictures and edit them. A smart thing to do would actually draw out their own map, minigames, and logo instead of just editing them.

Another thing is, that yes, I did copy that quote from the internet. And how can I post a youtube video about the programmer...? I dont know him. I just got the info from a website. Also, you dont need to be a developer for VMKU to know if the game is legal or not. Experienced programmers like the person who made the quote would already know, since they are proffesional.

Third thing, You think taking legal action happens in a minute? It takes ALOT of time until info is released.

And you have NO right telling me I cant post here. This is a public FORUM. If you dont want me to post here, then LEAVE.
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Re: Do NOT get your hopes up yet

Post  LittleSmartJazz on Sun Jan 18, 2009 4:54 pm

dito your telling me not to tell you, well you can't tell me. And actually i wasn't trying tot be RUDE. i'm telling you my opinion if you don't like it, LEAVE.
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Sun Jan 18, 2009 6:58 pm

LittleSmartJazz wrote:dito your telling me not to tell you, well you can't tell me. And actually i wasn't trying tot be RUDE. i'm telling you my opinion if you don't like it, LEAVE.

If calling me a loser 3+ more times isn't being rude, then I must have read the meaning of rude wrong. Rolling Eyes
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Re: Do NOT get your hopes up yet

Post  awesomeMr.naruto on Fri Jan 23, 2009 11:26 pm

Little you are a nice guy on vfkfanforums, but still dont get your hopes up, what happens if it IS a prank you will be furious at your own beliefs. It's happened to me once and its not pretty. So I'm going to turn my hope meter to low, to keep from becoming a little crying demon. Naruto Has SPOKEN!

`Naruto
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Re: Do NOT get your hopes up yet

Post  RainBowE on Sun Feb 01, 2009 4:27 pm

Let's just hope for the best
to come of this
hopefully we will all, in the end, be happy. :]
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Re: Do NOT get your hopes up yet

Post  Adam_rocks on Tue Feb 03, 2009 7:31 pm

bump
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Re: Do NOT get your hopes up yet

Post  RainBowE on Wed Feb 04, 2009 9:17 pm

when exactly in spring anyways??
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IDRK

Post  VMKUfanSavvy on Wed Feb 04, 2009 11:23 pm

Arrow OK so like you all got your opinion but you dont really have to be saying it in a rude way. Let people think what they want to think, this is something that everyone wants to happen, except obviously the person who started this topic.... well if u think that it wont open keep it to yourself cause there are alot more people who are hoping and wishing that it comes back and its not very fair to ruin that for them is it? thats all i gots to say today... heh.. cya later!
---- Savvy

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Re: Do NOT get your hopes up yet

Post  RainBowE on Thu Feb 05, 2009 5:46 pm

Ok. Ok.
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:|

Post  polar_queen on Sat Feb 07, 2009 7:31 am

Ok, first off, there is a 50/50 chance here, there is a 50 % chance that this is all fake, and its not going to work out, OR there is a 50% chance it will open and be dazzling, but one more thing lets not be rude to each other, Adam is not a loser , and i bet VFK will still be a better website anyway, right Adam_rocks? we play virtualfamilykingdom.com a interactive site, sort of like VMK, -mostly like it- its OUT, and the staff did a amazing job on it, you should check it out, btw it is still under consruction, and they are making a new age, Space Age soon, there is Quests, Magic, rooms, maps, interactive avatars, credits, all that good stuff, and it is there own copyrighted game, it has NOTHING to do with Disney, and it is another Virtual Land, to go to!
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Re: Do NOT get your hopes up yet

Post  mijaro on Sun Feb 08, 2009 3:42 pm

Its true because i wanted to be open but i dont think i will come out plus it is considered illegal.
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Re: Do NOT get your hopes up yet

Post  RainBowE on Sun Feb 08, 2009 8:18 pm

Let's hope for the best, yes?
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Re: Do NOT get your hopes up yet

Post  cocolover76 on Tue Nov 08, 2011 6:02 pm

It's copyrighted by Sulake Corporation and Walt Disney.

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Re: Do NOT get your hopes up yet

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