
Eroge se.kirara, formerly distributed free on NicoNico Douga, has been pulled over plagiarism concerns.
The cessation is described as temporary so its return can be expected – details and the download will be available on the game’s homepage.
Those unfamiliar with its content can peruse the previous article.
Publisher Max Factory became aware the game apparently freely plagiarised certain photographs in its backgrounds:



How did this come to light? The same way the photograph was appropriated, it would appear – simple search for “hokenshitsu”:

Incidentally, the game itself is said to be good – on 2ch a great many players entirely new to eroge report having a great time, indicating perhaps a freely distributed game is an effective way of introducing new players to the genre.
Players report the game also includes a special route, much in the vein of a certain recent title:

I have to say that I'm not too surprised. They cut corners by tracing photos and they also cut corners by not getting proper source. If they were going to trace they should have just taken the pictures themselves or at the very least traced something that used the creative commons license.
This is ridiculous. Even many famous game these day use setting and place in the real world like ChaosHead , Stein;gate.I went to all those place in the game.
Engrish release ... ???
wow just wow XD
Can it still be downloaded?
I been looking around and wasn't able to.
No, I think they haven't put it back up yet. It's available on Nyaa (sukebei, of course) though.
Wait-waitwaitwait, what?! Wh-why didn't I know about this BL route sooner!? D8
Ergh... I guess I'll just have to wait for the re-release...
No, there is no BL route. I have played all route and that image are not for BL route.
That's just...
...
Ah, I'll leave it for who've played it too. XP
...Seriously? I have been made a very disappointed fujoushi... Guess I got a little excited over the words 'special route.'
'Twas too good to be true--!
just one photo?
because IT"S FREE!
The artist worked from a photo for the sake of authenticity. It's done all the time for backgrounds. What's the big deal?
I call bullshit. I'm pretty sure tracing a generic photograph falls under fair-use. It's not like Lords of Ultima's tracing of Natalie Portman publicity pics from Star Wars. (As they just reported on Kotaku today)
As for the rights of the photographer, unless the person is a real prick, I would think such a generic photo would be a non-issue. I'm a photographer myself, and if I took a photo of, say, an office or something, and someone turned it into background art after googling it up, I'd be hard-pressed to get angry about it. It's not like it's a photo of my livingroom or something.
Uhm, don't otakus go on "pilgrimages" to see real life Clannad or real life Academy City and shit anyways? Besides, isn't this free?
A guess artists plagiarize models, then?
WTF ? Taking real objects as a model is now considered plagiarism ? Simmonsing ? Next time what ?
"This author have been caught plagiarizing body parts ! 2ch decided to gangbang him and kill his whole family for such a shameful act".
Yes, photos depicts real objects, unless you alter them with computer softwares or other techniques. Heck, softwares like Adobe Illustrator can creates "illustrations" from real photos since what... 10 years ?
This is becoming completely retarded.
No. This is about appropriating copyrighted material and passing it off as your own.
I personally never really understood why photography was considered copyrightable. You literally, just push a button and record reality.
Yes, there is things like lighting, composition, and the like, but is that really enough to call it original to be copyrightable?
That depends on how unique the work is. Shitty generic photo #5872984123 of the Eiffel tower, while still having some copyright, that copyright is not worth much. A non-shopped photo of an orang-utan climbing up the Eiffel tower while a flock of seagulls stare at him curiously, during a snowstorm during a partial solar eclipse, is worth way more. That does not mean people infringe copyright by drawing this, but that they do if they don't bother to make their own image of that without tracing the original photo.
TL;DR: tracing things you have not gotten permission to trace = bad.
Especially if it is not something that is already frequently photoed and shared (public statues or other public structures from common angles).
You'd still be wise to get some legal stock photo of it rather than to google for any good looking image and then trace it. You're essentially paying for someone to be your eyes since you have not bothered to get the view by yourself.
I'm glad someone actually exist to bother explain these things.
Just think in the poor photographers...
They sell photographs to survive.
Not if they're freely making it available on the internet like google image. They may have the right to determine where it goes though.
They legally own the copyright whether Google (or us) put up their photo or not.
You know...ever thought of the possiblity that someone purposefully modelled the room after that scene in the game in order to accuse plagiarism?
Or much more likely....
That it's very common from rooms like thsoe to look like that!??!
You didn't understand yet.
The photographs have been taken before the game was released.
Photography is also an art, I think.
I would say it "can" be an art. But lots of times....just....no.
Just everything else.
Anime uses real backgrounds all the time like lucky star and Haruhi. Why is this game any different?
They take the photographs themselves, not from Google Images. Thus they own the copyright.
Not always.
And even if they don't own the copyright to the photograph, they can still make a drawing of the photograph and claim it as their own work. It's different if you print a copy of the photograph, but by drawing the depicted scene you make a new piece of art that you own the rights to.
Not necessarily. Two problems can occur:
1) The original photograph may contain artistic choice, like choice of viewpoint, perspective, lighting, time of day, and so on. Unless a photograph is taken straight-on under neutral lighting conditions, any derived work is considered to be derived from the photograph rather than the original.
2) If your drawing from the photo matches the original too closely then in many jurisdictions a faithful copy clause kicks in which states that the derived work doesn't attract any new copyright beyond that of the original. In that case owners of the copyright of the photograph would own the full copyright on the drawing too.
+1
If they take the photos themselves or have rights to the proto, it's okay.
If they just used it as reference, it would okay too, but doing a complete trace job of something you found on the internet is not.
Copy and publishing rights lead to the bizarre situation that creators don't have the rights to perform or release their own works in certain countries. That's grotesque.
Why does anybody care? Draw the world, draw a photo of the world, draw the world how you think it looks like. Seriously, who cares? Better a good copy than a boring original. Copyright should be abolished, it never did the customer any good and often restrains the artist himself.
Agree. And so many other titles do it too. In DIFFERENT point of view, it'll be plus point for to be close to our real world.
Dunno. I see no problem at all...
Maybe they don´t have the rights of that photo and want to avoid any legal problem.
Pretty much. It's one thing if -you- take the photograph, but if someone else does it, it can be considered plagiarism. I honestly always found that kind of silly to be honest...
It's more about the issue of freely appropriating copyrighted material for use in your own publication.
lol yaoi
Next time I guess google for something less obvious
I just need good story from an eroge.
So is it in english for us stupid gajins.
Also theres a trap route sign me up!
SPECIALROUTE FTW!! XD
"What's with homo routes in otherwise regular eroge? Are all Japanese bisexual or something?"
They could be trying to attract fujoshi.
What's with homo routes in otherwise regular eroge? Are all Japanese bisexual or something?
please let this be true
The Hideyoshi route??
route 801
I tought it was Route 66??
yaoi route (キタ━━━━━━(゚∀゚)━━━━━━ !!!!!)
thanks for the info its too bad i didnt download this game i would have played if i knew there was BL. TT~TT
It's a "homo route," no crossdressing involved it seems.