Has anyone been banned for using Perform yet?

[spuzmonj]

I am wondering if anyone has had their account banned for using Perform to play songs other than the FFXIV approved soundtrack or for uploading to YouTube. There are tons of YouTube videos out there and I feel like if SE starts banning accounts over this the game's population could take a hit.

I just don't understand why they introduced a mechanic to the game that is so open in how it CAN be used and yet so limited in how they will permit it to be used. They had to know people were going to do whatever they wanted.

So, anyone been banned yet?

[Shihen]

I doubt they give half a crap about what anyone plays, the disclaimer is just there to cover their asses on the legal side. If someone does get banned, it'll be because it was reported and documented to Square. Even then they probably still don't care, but they have to ban the person because otherwise the person who made the report has documented proof Square isn't enforcing the TOS and can be a dick about it.

[Alestorm]

Most likely if anyone will it will be the next ban wave. Seeing as we just had one we'll likely know in a couple months when this forum/reddit explode with topics of people asking why they got banned for playing the Simpsons theme and posting it.

[Dustytome]

They've apparently been having videos taken down on youtube according to this reddit post.

[Dyvid]

Basically SE is saying, don't psot any videos of players using perform.....ever.

Sorry but I'm a little salty about people who create their own music having their video's blocks. Even people playing SE's music on SE's game are getting blocked. So basically performance are against ToA.

[kikix12]

Basically SE is saying, don't psot any videos of players using perform.....ever.

Sorry but I'm a little salty about people who create their own music having their video's blocks. Even people playing SE's music on SE's game are getting blocked. So basically performance are against ToA.

They're not playing Square Enix's music at all. Cause Square Enix doesn't have any music. Square Enix is neither a music band nor a music studio. They are developers that pay artist to make music which Square Enix uses in specified amount of games. The more games, the more they need to pay, so that's usually one.
The artists, which are not part of Square Enix, hold the actual rights to the music. Square Enix only licenses it so that they are allowed to share it with the public, just like how you would need to pay the artist of a song that you want to play on stage at some bar or festival.

[Freyt]

They're not playing Square Enix's music at all. Cause Square Enix doesn't have any music. Square Enix is neither a music band nor a music studio. They are developers that pay artist to make music which Square Enix uses in specified amount of games. The more games, the more they need to pay, so that's usually one.
The artists, which are not part of Square Enix, hold the actual rights to the music. Square Enix only licenses it so that they are allowed to share it with the public, just like how you would need to pay the artist of a song that you want to play on stage at some bar or festival.

Wow hold on I had to address this.

You don't understand how copyright works at all. For all of the tracks Nobuo Uematsu made from FF1-FF11, he owns absolutely zero of them. He was employed by Square at the time in which his job was to create music. By standard copyright practice any and all music created by him during this time period belongs to Square unless otherwise agreed upon. After this time period he left Square, now Square Enix, and became more of a contractor. Square commissioned his work for title songs. These songs are not necessarily owned by Square, but Square currently holds the rights to use them. Square cannot however extend these rights to anyone they like (the players). These would be Answers, Dragonsong, and whatever else they pointed out for us not to play.

To loosely quote one of the devs of FFXV before the launch of the game, when asked if they could put in old FF music to listen to in the in-game car: "we own that music, and that sounds like a good idea, so we'll do that". And thusly so, a wide range of music spanning FFI - FFXIV was included in the game. Indeed, Square also owns the majority of the music within FFXIV. Not the intro title music that they commissioned from Uematsu, but all of the music created by the sound team under Square.

[Texa]

Wow hold on I had to address this.

You don't understand how copyright works at all.

They don't understand what SE does in general either since a large amount of their business is multimedia publishing and distribution which includes music.

[Aerilon]

I'm not sure why SE is going so crazy about the copyright stuff. There is tons of precedent in the game industry for players using in-game musical instruments to cover their favorite tracks in other MMORPGs such as Lord of the Rings Online and Guild Wars 2 for instance. So either it is some weird Japanese Copyright Law or their Legal department is just overly insecure about being sued. Either way - the Legal guys need to understand they have licensed us a piece of software or a tool - and therefore they cannot be sued if a user decides to use the tool to commit copyright infringement. If that was case Adobe would stop selling software. You don't sue Adobe when an individual profits off of copyright infringement when they produced their content with Photoshop for example.

[Aylis]

So either it is some weird Japanese Copyright Law or their Legal department is just overly insecure about being sued.

Could very well be the case, as far as I know unless you're claiming the piece as your own creation or if you're trying to make a profit off said material. Then it falls under the fair use deal. If you could get in trouble for doing a cover of a song, then all the musicians that upload cover versions of popular songs would have gotten banned from Youtube a very long time ago.

*EDIT*
Then again it could be very much just worry over the memories from the time the band Powerman 5000 accused SE of using one of their songs and threatened lawsuit.

https://www.youtube.com/watch?v=Nw13dYbJLXU