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Do not to use/nominate music by organizations/artists whose music has been restricted in the past

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Total Posts
11
too
Beatmap Nominator
703 posts
Joined May 2018
Topic Starter
too
This is my first time using this forum so please let me know if there are any problems. Thanks.

Problem Statement

Currently, there would be no rule prohibiting the use/nomination of music that has been previously restricted (DMCA).
Without these rules, there are cases where a song is ranked even though it should have been previously restricted, making the restrictions almost meaningless.

Here take the idolmaster series as an example.
I'm sure you are newly aware that UNION has recently been restricted, and although it was restricted to one map, it is very likely that the person in charge was just unaware of it.
https://gist.github.com/peppy/ac8678e18b66acec8a9529a0cc6fd44a/
There are multiple tracks on this page, including.
It also includes songs such as beatmapsets/1774192#osu/3632720 (mapset have a bn already)

Furthermore, whenever possible, you should avoid rank songs that the artist says not to use.
For example, songs outside of Zekk's FA page https://twitter.com/zekk_wa_zetku/status/1523797529304784896?s=20&t=sSHp1itkhgsMlDED3IdKOA

Proposal

I think there needs to be some sort of list that allows easy viewing of these dmca pages and that these particular songs are not available.

It would also be effective to add this content as a rule.
It would be good to place it in a place such as bn rule or Code of conduct for modding and mapping.

Conclusion

It's hard to look up past dmca pages to begin with, but figured needed to put this information on the bn rules and Code of conduct for modding and mapping pages.
apollodw
325 posts
Joined January 2017
apollodw
yeah I gotta agree with this. Artists who explicitly ask for their songs (or a specific selection) should 100% not have new published official ranked content from a moral standpoint - whether that's publicly like Zekk or via a DMCA takedown request.

just so that there is /something/ to work off of in terms of a ranking criteria addition, here's a proposal (maybe for the General section?)

proposal wrote:

The usage of the song as Ranked content must not have disapproval from the right holders. Some artists or labels may state that their songs (or a subset of them) shouldn't be used in Ranked maps, and their wishes must be followed.
too
Beatmap Nominator
703 posts
Joined May 2018
Topic Starter
too
beatmapsets/1774192/discussion/-/generalAll#/3137499

As I explained here, ranking these maps would further degrade the impression of the community, etc. So we need as many opinions as possible.



Apo11o wrote:

yeah I gotta agree with this. Artists who explicitly ask for their songs (or a specific selection) should 100% not have new published official ranked content from a moral standpoint - whether that's publicly like Zekk or via a DMCA takedown request.

just so that there is /something/ to work off of in terms of a ranking criteria addition, here's a proposal (maybe for the General section?)

proposal wrote:

The usage of the song as Ranked content must not have disapproval from the right holders. Some artists or labels may state that their songs (or a subset of them) shouldn't be used in Ranked maps, and their wishes must be followed.
I think this is a good idea.
By doing this, we will be able to respect the opinions of as many artists as possible.
RandomeLoL
Nomination Assessment Team
224 posts
Joined September 2015
RandomeLoL
Honestly, I fully agree with the proposal. The lack of transparency in this whole situation has only been giving issues. Moreover, I would dare say that the fact we really only know about very certain songs being actually banned thanks to a mod post found in beatmapsets/1592748/discussion/-/generalAll#/3069482/8304327 shows that this is not the correct way to convey this information.

Not only this but I feel as it's rather unfair one FA could have such clauses in their contract while others who explicitly disallow people from using unlicensed songs (See Zekk's post) is outright unfair in my honest opinion. I'm unsure about the technicalities of such contracts but the fact remains the same.

As for Apo11o's proposal, I'm more than fine with it. I'd change "the song" by "a song" just to properly generalize things. Also "and their wishes must be followed." could be deleted as that must is implicitly given by the rule itself. On top of this, I agree that there should be an easily accessible list of precedents for everyone.
Xnery
144 posts
Joined January 2017
Xnery
sorry but konami does not deserve respect
[Ping]
499 posts
Joined April 2015
[Ping]

RandomeLoL wrote:

Not only this but I feel as it's rather unfair one FA could have such clauses in their contract while others who explicitly disallow people from using unlicensed songs (See Zekk's post) is outright unfair in my honest opinion. I'm unsure about the technicalities of such contracts but the fact remains the same.
Very much agree on this. I feel like it is very bias that we only cared about FAs who explicitly says to the staff that they don't want some of their songs in the game.
lenpai
1,780 posts
Joined December 2014
lenpai
Very reasonable premise so just a heads up:

Should this be implemented it would be wise to collate all of the artists who have expressed disapproval with their respective songs in a link for both the convenience of the checking BNs and mappers who would push for ranked.

This would disrupt the charts pending to be ranked with BNs who already have put in activity as well as mappers who have put in the work so it would be wise to create a newspost for this change for the knowledge of the general audience. I'm sure mappers would request for a grace period for this change.
Last edited by lenpai , edited 1 time in total.
MJH
143 posts
Joined January 2013
MJH
I'm just resonating what's alr have been said by others (outside the thread) but it should only be checked on artist by artist cases if not for organizational claims that are more clear-cut, rather than to put up some biggest bar following them filing a single takedown notice.
Last edited by MJH , edited 1 time in total.
Niva
Global Moderator
3,190 posts
Joined November 2009
Niva
Hmm, while I agree that osu! should strive to reduce its dependency on unlicensed content I don't think adding this rule to the RC is the correct step to take tho. The application of DMCA works on a (very) case-by-case basis and, if osu! ever needs to disallow certain songs from ranking, I feel like it's best for it to be done in a technical/system level just as what osu! has already done on beatmaps of DJMAX-sourced songs :

SPOILER

Either way I've already written an in-depth explanation about the DMCA process in the Idolmaster map's thread and about osu!'s stance regarding edge cases in the FIRST : DREAMS thread, so I'll just be answering/clearing up this one thing here :

---

too wrote:

I think there needs to be some sort of list that allows easy viewing of these dmca pages and that these particular songs are not available.
All claims was used to be publicly logged in peppy's Github Gist page (http://gist.github.com/peppy) actually, but interestingly enough this practice went on to be discontinued after 2015 for some reason -- I dunno why exactly but if I had to guess it was to prevent all the "screw the artist they such a loser for not allowing their song in osu! under the pretense of defending the rights to his song" comments that happened on this gist among others.

(they are still viewable in that Github Gist page to this day tho; just head over to Page 7 and beyond)

Personally I am in support of the existence of such database ngl, but given that all the DMCA gists since then have been made "private" instead (in a sense that they're only accessible from the corresponding beatmaps' page) I don't know how feasible this is in relation with the direction osu! is taking re: the visibility of claims.

Yeah... 😦
Last edited by Niva , edited 28 times in total.
Loctav
Popcorn Fairy
4,496 posts
Joined February 2009
Loctav
This matter is solely and completely covered by the community rules as per Rule 1 under "Beatmap Submission Rules". See: wiki/en/Rules

Make sure you have permission to use any content involved in your beatmap. This includes songs, videos, hitsounds, graphics, and any other content that isn't your own creation.
Most importantly check the terms of services when using osu! as user: legal/en/Terms

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licences, rights, consents, and permissions to use and authorise osu! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
Also refer to the copyright policy of osu! and further pages linked there: legal/en/Copyright

Simply put: If the mapset host does not own the copyright of the song they are uploading, they are not allowed to upload it in the first place - therefore making the question whether it should be ranked or not superfluous.

Also keep in mind that copyright ownership is an individual matter. This means that a single, individual uploader either has the right or not. Prohibiting an entire song upload to the page would mean that even those who potentially *do have* the copyright can not upload it either. Therefore, DMCA claims likely remain case-by-case matters.

An addition to the Ranking Criteria therefore touches ground on things it should not, can not and must not touch, as this does not concern the content and its inherent design choices, but rather the question whether or not it should exist as available data on this site. This is fully covered by all the legal pages and community rules we have around this community.

We can not expect the Beatmap Nominators to be legal arbitrators on a matter that is a potential conflict between the uploader of the beatmap and the copyright holder. Therefore this rule and thread has no necessity to continue.
Last edited by Loctav , edited 2 times in total.
Drum-Hitnormal
Beatmap Nominator
1,727 posts
Joined March 2011
Drum-Hitnormal
Agree from moral standing point we should exclude songs where artist explicitly said they don't want it in osu.

Agree with Niva this should be implemented at system level to prevent upload.

simply don't let anyone upload map for certain artist/songs.

don't think this is something BN should be concerned on checking who is not allowed.
Last edited by Drum-Hitnormal , edited 1 time in total.
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