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    Is this sample a copyright infringement


    Hello,

    Looking at the description seems to me like a potential copyright infringement.
    http://www.freesound.org/samplesViewSingle.php?id=84527

    Can someone check, please?

    Thanks

    hmmmm..... erm..... I forgot...
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    18 sounds
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    Hm, I don't know, it seems there have been rumors about the game saying the Master Chief does not die in the game and that possibly sparked people to create fake content to prove that he does die. If this was a sample recorded from the game, it wouldn't sound so clean (and fake tongue ) so I'm not sure about it.

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    If this was a sample ........ from the game, it wouldn't sound so clean

    Not necessarily, If you explore game discs you will come across a folder or cab full of the sounds used in the game. My kids have mined these for ringtones, so perhaps this sample is similar.

    "I love deadlines. I like the whooshing sound they make as they fly by." Douglas Adams
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    Thanks for your comments guys... However, I guess my question is still not answered sad

    If the sample comes from the game (via in-game recording or simply copying the sample file) then it would be an infringement of copyright. No?

    I do not have the game, so I cannot check if the sound is what it claims to be.
    It is perhaps a rethorical question. But, if the sound description is true, then the sound is an infringement. Should it not have been rejected by the moderators on that basis?

    hmmmm..... erm..... I forgot...
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    76 sounds
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    AlienXXX

    If the sample comes from the game (via in-game recording or simply copying the sample file) then it would be an infringement of copyright. No?

    You are correct. If this was indeed from the game stated, this is unlawful to distribute the sounds.

    Here is part of the EULA (which everyone agrees to when playing a game) from a major software company, and most if not all have a clause similiar:

    AlienXXX

    Should it not have been rejected by the moderators on that basis?

    No doubt, I would be curious to hear why a MOD would let that through. Unless there was a special license agreement with that game in question, though I would doubt that.

    Benboncan
    Not necessarily, If you explore game discs you will come across a folder or cab full of the sounds used in the game. My kids have mined these for ringtones, so perhaps this sample is similar.

    Though that is seemingly harmless, it could be against the EULA of the game; and probably is. A lot of game companies have specific barriers to doing just that. Usually any compiled data (or non) is restricted from being decompiled by the licensee (you the game buyer and user).

    For instance (from a major game company's EULA:

    The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software.....

    I would think a ringtone might be a derivative work. Though I have never heard of a game company coming after someone for putting some audio from the game in a ring tone or something similar; just something to point out.

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    JustinBW, thanks for the very detailed reply.
    Is there any way of requesting this sound to be deleted from Freesound?
    If there is no easy way of checking it is copyright legal, to avoid issues and, as a matter of principle and good practice, I think it should be deleted.

    hmmmm..... erm..... I forgot...
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    76 sounds
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    AlienXXX
    JustinBW, thanks for the very detailed reply.
    Is there any way of requesting this sound to be deleted from Freesound?
    If there is no easy way of checking it is copyright legal, to avoid issues and, as a matter of principle and good practice, I think it should be deleted.

    I already contacted a moderator, but i reckon thats the fastest way to get things resolved.

    and i agree with all you have said.

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    I would be curious to hear why a MOD would let that through

    because moderators - much like regular people - are not perfect smile wink

    deleted.

    - bram

    Warning: if you break the rules, see my avatar. Freesound Admin, Moderator, Ex-Freesound-Coder & Benevolent Dictator For Life.
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    Thanks.

    hmmmm..... erm..... I forgot...
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    76 sounds
    32 posts


    Bram
    I would be curious to hear why a MOD would let that through

    because moderators - much like regular people - are not perfect smile wink

    deleted.

    - bram

    Hey Bram.

    I was not trying to be a jerk there. I thought maybe there was a specific reason it was let through, I totally know we all make mistakes. I just was not sure if he/she knew something we did not.

    Cheers,

    Justin

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    I know, don't worry JustinBW wink
    I was just being funny wink

    - bram

    Warning: if you break the rules, see my avatar. Freesound Admin, Moderator, Ex-Freesound-Coder & Benevolent Dictator For Life.
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    danova
    If this was a sample recorded from the game, it wouldn't sound so clean so I'm not sure about it.

    This guy is a spammer, he just copies part of a message in a thread and posts that so it looks like a true response, but it really is not.

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