Terms of Use for Playing Musical Instruments

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Originally Posted by Shigure_A

純粋な興味が強いです。
・なぜ英語話者の著作権違反者が多いのか（私が知ってる範囲になってしまうのでElementalDCの場合になりますが）
・著作権違反をすることによってプレイヤーが云々ではなく、もっとスケールの大きい問題としてFF14というゲームそのものの消失がありえる事を考慮しないのはなぜか
・楽器演奏解放時の利用規約には「楽器演奏を使って第三者の権利を侵害する楽曲を演奏することは固く禁止されています。」という一文が日本にはあるが、外国版ではその記載がないのか

海外では利用規約で禁止されてるRMTを非常に嫌っている向きがあるのに、やはり利用規約で同じように禁止されてる楽器演奏では平気で違反する人がいる。
もちろんそういう事をするのはごく少数の人ではありますが、この辺りの認識の矛盾が非常に気になるから確認してみたいと思ったのもあります。
また、お金がどうこうではなく、限りなくありえない事とはいえ好きなゲームが消えてしまう可能性を無くしたいという気持ちもあり、海外では同じような反応や考えの人はいるだろうかという疑問も解消したい、
とにかく海外プレイヤーの考え方や意見というものを知りたい！と思ったので、海外も絡んでいそうな問題を取り上げて敢えて英語で聞いてみました。

Sorry, this is a foreign thread, but there was a question in Japanese, so I replied in Japanese.
I'll try to use English as much as possible.

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Basically for westerners, if it's not -actively- hurting anyone, it's okay regardless of what the rules say. In the west, a ToS agreement won't even hold up in one of our courts of law in most cases. This sort of thing have been going on for years whether it's bards playing copyrighted music or modders using lewd mods in countries with heavy censorship. At least in America, a company cannot be held legally responsible for what a customer does with their product.

To this end I refer to two other games: City of Heroes and Archeage. Archeage in particular is another game with playable instruments and custom sheet music to make and play any songs you want, including copyrighted music. This has been going on for years, very openly, with no issues. I don't know if it's different in Japan but in the USA it's not much different than someone uploading a video on Youtube of them "covering" the song with their own instrument, it's fine.

In terms of City of Heroes, NCSoft was actively sued in court by Marvel over potential trademark and copyright concerning iconic comic book characters. The courts dismissed almost ALL of Marvel's claims and in the end the two parties just settled out of court.

It may also sound pretty crass but it honestly just boils down to something far more simple and I don't say this to be mean. Why are there so many "copyright violators" and rule breakers? Because they want to. That's just all there is to it.

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Originally Posted by Jagick

Basically for westerners, if it's not -actively- hurting anyone, it's okay regardless of what the rules say. In the west, a ToS agreement won't even hold up in one of our courts of law in most cases. This sort of thing have been going on for years whether it's bards playing copyrighted music or modders using lewd mods in countries with heavy censorship. At least in America, a company cannot be held legally responsible for what a customer does with their product.

To this end I refer to two other games: City of Heroes and Archeage. Archeage in particular is another game with playable instruments and custom sheet music to make and play any songs you want, including copyrighted music. This has been going on for years, very openly, with no issues. I don't know if it's different in Japan but in the USA it's not much different than someone uploading a video on Youtube of them "covering" the song with their own instrument, it's fine.

In terms of City of Heroes, NCSoft was actively sued in court by Marvel over potential trademark and copyright concerning iconic comic book characters. The courts dismissed almost ALL of Marvel's claims and in the end the two parties just settled out of court.

It may also sound pretty crass but it honestly just boils down to something far more simple and I don't say this to be mean. Why are there so many "copyright violators" and rule breakers? Because they want to. That's just all there is to it.

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This is a very interesting story.
I would like to continue to be aware of the dangers, and I am very happy that there are such past examples and that you have introduced them to us.

Changing the subject, I was recently very concerned about the difference in thinking between Japan and the rest of the world.
However, this thread shows that all countries have the same way of thinking in a good way.
I would like to thank you for the many responses.