The Detractor - Official DSP Video Game

[Oilspill Battery]

Is that not Saddam's likeness retard? Is that not a literal image of his literal face that they are transforming into an original work? What about David Hasslehof? Tell me how this is not the same thing dude. It's so obviously transformative I don't even know what to say. Steam just took it off because they would rather play it safe than deal with copyright bs (same thing Youtube does)

Politicians should be exempt by virtue of their position.

If david didn't like this I wouldn't disagree with him taking it down either, it would just make him look petty because its not even meant to be insulting.

Also, transformative? Its literally a photo of the dude's face copied, pasted and used as a main selling point.

Were Tom Cruise or Kanye “in on the bit” when South Park parodied them as well?

South park didn't use their likeness bro, they actually drew them.

 

[PlasticOwls]

But this community's biggest problem is hating dsp so much that you'd lose any feeling of fairness whenever he's right on an issue.

When I see a shitpost made with love get taken down by anyone, pig or dweeb, I get annoyed.

If that's hate, then, well, fuck you

 

[Japs_eye]

Phil do not acknowledge the game on his Phadcast today. It's all seems that the claim was a gayop made by the supercuck.

It's funny because before the prestream I was 100% sure it was superhound, but after that sus ass stream I'm questioning it! It's normal for Dave to talk like he's meeting a word count, but today was ABSURD.

Nonstop rambling segment, after nonstop rambling segment. Stalling with "DSPN" (I also think he's forcing news segments recently so he doesn't have to do suggestions box), and the most telling for me was how he implemented the "delete, ban, and ignore" strategy.

He sometimes does this even when he isn't hiding something, but usually when people bring up something repeatedly, he responds to it eventually. He can't help himself. Even if it's just "Some bullshit stupid detractor drama I know nothing about", but we just got a hard ignore. You know what else got a hard ignore? A certain mobile game . Makes me think! (Disclaimer I haven't watched past the prestream so maybe he's mentioned it already and I'm 100% wrong and retarded)

 

[Massive Retard]

I am interested into if the takedown has legal merit or not, but I am a big retard when it comes to the US law and the copyright law in general.

It being transformative seems to go more into the fair use dirction.
It being commercial with profit motive seems to go against the fair use direction.

I am probably asking to much when I ask for a rough estimate in which area the game would more likely be in, but I don't see this going to court ever.

The game absolutely is fair use, according to U.S. law:
- Purpose and character of the use:
It's obviously parody. The game being sold, contrary to popular belief, doesn't actually mean anything. Having a commercial purpose doesn't actually make it more or less "fair". There was a certain case about this relating to a parody song, but I can't remember it off the top of my head. Point is, there's legal precedent for this.
- Nature of the copyrighted work
Not really relevant here.
- Amount of used copyrighted work
The game uses a lot of voice clips and some pictures of Dave, but none of these are market replacements for any of his work; you're not going to actually get the "experience" of watching one of his streams or videos by playing the game with a bunch of ~10s audio clips.
- Effect upon work's value
The game doesn't have the same target audience as Dave's slop, therefore there's no reality in which Dave could claim he was monetarily hurt by this game.

The only thing that I'm not sure about is using Dave's face. I'm pretty sure it's perfectly fine to do so, but I don't know too much about that part of U.S. law.

 

[JT Marlin]

He has no humility or sense of humour, takes himself way too seriously and has no idea how to laugh at himself. It would've been a big W for him if he was just like "haha the stupid trolls apparently made some game with my face or whatever, I don't care, I'm really not bothered about it".

Instead, in typical Phil fashion, he had to be a little bitch and get it taken down. He's a child that overreacts to everything. This is why people fuck with him.

Exactly this.

This was a golden opportunity for him to rehabilitate his image and he blew it.

Imagine him live playing this game, dressed up as his in-game caricature, cracking jokes. Maybe going as far as doing an interview with the game dev. Then for Halloween he could show up dressed up as his in-game caricature but ridiculously over the top.

Would instantly kill his current rep, take a ton of wind out of the sails of the trolls and he'd make a ton of bank.

 

[dreamworks face]

- Amount of used copyrighted work
The game uses a lot of voice clips and some pictures of Dave, but none of these are market replacements for any of his work; you're not going to actually get the "experience" of watching one of his streams or videos by playing the game with a bunch of ~10s audio clips.

This is the part where it becomes murky for me. It's not that there are a bunch of ten second audio clips, it's that there are entire scenes in the game that are entirely composed of dsp talking. Like if you made a led zeppelin "parody" game where the background music was entirely ten second tracks of Led Zeppelin stitched together, would that be fair use?

 

[We Are The Witches]

The game being sold, contrary to popular belief, doesn't actually mean anything. Having a commercial purpose doesn't actually make it more or less "fair".

What are you talking about?

Obviously, non-commercial use does not automatically mean that the work is protected under Fair Use, and viceversa, when for commercial use, it does not necessarily mean that it's not protected.

However, when dealing with something that's arguable or subjective like this, it's definitely a factor considered when determining if it is protected or not, I don't know where you get that "it doesn't mean anything".

 

[Lei Wulong's Left Leg]

I'd just like to do a massive shoutout to @Cucktry Roads for making this its own thread so we don't have the usual suspects coming in to shit up the main thread about how we're so much worse than DSP.
On the topic of whether or not it's misuse of his likeness, I doubt it would work - DSP isn't necessarily a brand to copyright, and defamation only applies if your character can be brought any lower than The Guy Who Masturbated on Stream Once. It smells like a non-starter.

 

[Iron Father]

I'll start out by saying I don't personally believe he himself took the game down.

But this community's biggest problem is hating dsp so much that you'd lose any feeling of fairness whenever he's right on an issue.

Phil is right to DMCA takedown blatant raw restreams or uploads of his streams. No matter the mental gymnastics or analogies you want to resort to, they are not fair use and he's 100% allowed to take them down.

This guy made an asset flip of a game, put his face on it and is selling it at $5.00. It is objectively using his likeness, it is objectively without permission, and it is not in fair use.

Phil is, and will always be a fucked bitch and a salty subhuman scum fuck, and I will always find enjoyment in his misery, but he is LEGALLY in the right to take shit like this down. It's just a really bad look for him (or his "team", and it makes him look even more like a bitch.

Totally disagree. If that game isn't transformative enough to fall within fair use, I don't know what is.

 

[Nate Dingus]

I'm curious about how DSP could go about proving the copyright on the streams he's deleted. A lot of the more infamous DSP moments were edited out of his YouTube uploads. Including the wank stream. The only copies that exist are by detractors.

This would make them closer to concert bootlegs or the Star Wars Holiday Special. But those are obvious creative performances. DSP would have to argue "yes, accidentally jacking off on stream is a creative work, and I own the copyright on it. So is begging and telling the chat to eat my shit."

 

[Grace Cock Soup]

Damn, that was quick but to be expected.
Android (early access version) APK

https://mega.nz/file/9MRlRQoR#mATwHsmww8nnNgQacXPP2yisp7oE-kwEmGsDRPBtkqE

 

[Gondolindrim]

The game dev posted this on Xitter:
View attachment 5955887

https://twitter.com/HappiiG/status/1786163465209475396?t=exE_ooERfTzCpUcdomL1TA&s=19

Okay, I really don't want to defend Phil here, but using his likeness without his consent, and then selling it, is 100% a crime.

They should be counting their lucky stars he doesn't slap them with a lawsuit.

 

[PieceofShet]

Youtube recommended me this playthrough. This is actually very impressive for a meme game.

 

[Mr. Cow]

I know people are saying fair use, but I think the main issues are unauthorized use of likeness, rights of publicity, and false endorsements. The Trailer is especially bad because it used Phil's likeness and voice to endorse the product and in the description it says, “The Detractor is the penultimate interactive experience when it comes to the snort-verse.” There's nothing that implies Phil isn't personally connected to this project and while I don't doubt it's a parody, being a parody can't protect you from deceptive trade law.

I doubt it would work - DSP isn't necessarily a brand to copyright,

Actually it's more of a stage name and names can be brands and the concern for DSP itself isn't copyright but trademark and I looked it up and DSP did trademark darksydephill: https://trademarks.justia.com/852/07/darksydephil-85207480.html

 

[Peewee Herman]

If this goes to court the game studio will win it's obvious parody and very transformative, you dont need permission from someone to make fun of them

 

[Mr. Cow]

If this goes to court the game studio will win it's obvious parody and very transformative, you dont need permission from someone to make fun of them

I seriously doubt this will be a copyright lawsuit. It's more likely to be trademark and likeness. They're likely to lose on the trailer's false endorsement, since it makes no effort to make itself not seem like a sponsored game from Phill.

 

[TrainWreckWatcher]

Look who were right.

NOT EVEN TWO DAYS.
I was giving him the benefit of a week or two before it got done.

I am genuinely surprised anybody here supports this game getting taken down for copyright violations. Very clearly fair use / parody. Nobody is forcing you to play the game or pay money for it. It’s a rather innocent joke project; imagine white knighting for Phil of all people because he got a video game made about him parodying his existence that repurposes and transposes, god forbid, IMAGES of and AUDIO of The Guy. Fagified L take, embarrassing really.

Taking someone's likeness and image and profiting off it when they're not a public figure isn't fair use or a parody.
Some of you people are having takes dumber than Phil

"BUH I don't see south park getting sued over Mel Gibson."
What's the difference between Mel and DSP?

DSP is some retard on the internet no one outside of KF, reddit, and 4chan has ever heard of,
Mel Gibson is a fucking world famous actor.
Which one of these is a public figure?

E: This will never go to court but the funniest bit of it would be Phil having to admit he isn't a public figure if it did in order to win it.
E2:

Billy Mitchell lost his lawsuit against the Regular show for parodying him. SNL and countless other shows online and off regularly make fun of celebutards under their own name.

Happii Gamer should be on rock solid ground. The only slightly questionable thing is the voice clips but again tons of comedy shows use actual voice clips from the people they are parodying.

The judge ruled that Billy Mitchell was in fact not a giant head.
Bit different than a fat annoying man being a fat annoying man with his actual face all over it.

Given that someone pretended to be nintendo to remove every mario-themed Garry's Mod addon recently, I'm going to say that this is both not Phil and flagrantly homosexual.

This was later confirmed to be real nintendo.

 

[/dev/tcp]

I'm actually kinda surprised Phil didn't take the "ok look here and listen this is how its gonna work, you're gonna give me a percent of the income you make after steam pay you......or else......"

Its extra funny for me that he seems fully aware that negatively reacting to the TIHYDP movement led to more people dunking on him because they knew it got a rise out of him and here he is doing the exact same thing.

I'm skeptical it was actually Phil doing the complaining/filing a claim against the game, he's lazy and a claim like this might mean a phone call with Valve and he has an allergic reaction to using phones.

 

[Mr. Brown]

I'm actually kinda surprised Phil didn't take the "ok look here and listen this is how its gonna work, you're gonna give me a percent of the income you make after steam pay you......or else......"

Phil is too stupid to think of this.

 

[QwahlityKahntent]

Taking someone's likeness and image and profiting off it when they're not a public figure isn't fair use or a parody.

except phil is a public figure. hes spent 15 years plastering his ugly mug all over the internet to millions of views