Thank you so much for the clarification.
3 Likes
Yes, you can also modify the Roblox files on your computer to get the oof sound back for all games if it is ever removed.
5 Likes
Actually, having strict ownership of an item, and “fiercely” protecting the rights to profit off of what you own, is the definition of capitalism.
With that said, I’m not against capitalism, and I fully support people who want to reap the benefits off of their own work. But the point of my post was that Tommy did not own the sole rights to the sound, and he was only interested in making a claim once he noticed how famous it became. He used the situation to try to gain quick fame and possibly money, thus throwing it all around social media.
9 Likes
Unless that emotion is greed, apparently.
I can guarantee that Tommy would have 0 interest in making a claim for reimbursement for a sound he created without registering a proper copyright for it if he didn’t think this would get him victimized. Roblox bought it from a CD site, therefor, Tommy should have put his claims against them. But since the sound is famous on Roblox, he decided to make a public, emotionally ridden, social media post directed at Roblox to reap pity.
If emotion has nothing to do with law, Tommy should have nothing to do with this situation.
7 Likes
And how would he have known that without bringing a complaint to Roblox? Have Roblox told him who exactly they acquired the sound from? Roblox aren’t obliged to, and probably wouldn’t tell him who (assuming, all these years later, that they even know), outside of discovery - which is part of the process of a lawsuit. And until that information is divulged, the only party he has to go after is Roblox.
4 Likes
Here’s the catch:
Roblox has been made aware that this sound was created by Tommy. As they are now knowingly using his sound, they are liable for infringing his copyright on the sound.
It’s been established by both parties that the sound was created by Tommy. What Roblox is attempting to dispute is that Tommy doesn’t have a copyright for it, which isn’t true.
Copyright should be familiar to us Roblox developers, especially to those involved in commissions. For example, if I were to make a GFX, and someone began using it without my permission, that doesn’t mean they get to continue using it. I have the right to take it out via a DMCA takedown, regardless of how they obtained it.
The US Copyright Office states on its website that once the work is created, it has a copyright on it. Therefore, the creator has the right to allow who uses it. Tommy’s stated that he currently has a filing for the sound in the process of being registered, which can be assumed for purposes to begin a legal proceeding.
Additionally, when it comes to civil cases, the plaintiff would generally attempt to sue any involved. If Roblox has provided Tommy with evidence of their CD story, Tommy should also go after them, too, but Roblox isn’t cleared.
As much as we enjoy Roblox as the platform we’re on, we can’t blindly support and harass those who bring up credible complaints and issues with the company. The simplest thing, based on what I’ve seen from Roblox and Tommy’s responses, is just for Roblox to pay the dude. It’s his sound, and they haven’t paid him a penny for it, and there’s no doubt this sound has helped Roblox in some way with popularity. The “oof” sound is known as a meme, which very likely increased Roblox’s player-base in some way.
And as much as people point to Tommy’s “emotional reactions” to this topic, that doesn’t discredit anything. If a store owner keeps ranting and complaining about how his store was robbed, that doesn’t mean the robbers should be let off. Tommy has as much right as Roblox does to make their statements on this topic.
23 Likes
It’s nice to see Roblox speaking regards about this “discussion” but now that legal and standing proof has been presented, I’m pretty sure Tommy has the rights to the sound. (as he presented an entire document and metadata about it).
Now, the part where Tommy would be invited to Roblox, that would be interesting, a proffesional sound designer developing in games such as Jailbreak, Meepcity, Mad City, Adopt Me, etc, would be interesting.
6 Likes
Well, there’s a statement about U.S Copyright Office about this.
“When is my work protected?”
“Your work is under copyright protection, the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.”
So basically, the moment the sound was created and processed, the sound is legally protected.
Plus, he has JUST noticed this sound on Roblox, he has never played the game before and he has just noticed about this, both him and Roblox adknowledge that Roblox is using Tommy’s sound, therefore, he can send Roblox a lawsuit.
4 Likes
So basically, this should also involve the third-party in question, right?
Because if THEY took the sound from Tommy and gave it from Roblox, aren’t both the third-party and Roblox breaking copyright laws?
Tommy has the rights of it, TP takes it from Tommy, and sells it to Roblox, they sold it without the permission of Tommy, and Roblox is using it, and now, that Roblox adknowledges Tommy and his rights, this should end in a legal boogaloo ad probably ending on Tommy winning.
5 Likes
I’m not going to get into this debate, as I have a rather biased view against trying to copyright a basic Human noise that anyone could make, and I’d rather not spread my views everywhere wantonly.
Instead, I’m grateful that ROBLOX decided to at least make a public post about it, and acknowledge what’s going on, and let us users know the situation. I’ve never heard of Tommy before, and I always figured that ROBLOX either created the sound, or just acquired it from some fair use website, like they did with the original Linked Sword mesh.
However, anything and everything after is strictly between the ROBLOX cooperation and Tommy himself. I understand that we all have opinions and are choosing sides, but in the end, we won’t really affect or change the outcome of this. If it goes to the courts, then it’ll be settled there and we’ll find out then. But at least ROBLOX is being transparent with us, and letting us know about this situation. I was actually completely unaware this was an issue until this thread.
I can only hope that both sides can come to a fair conclusion.
9 Likes
We all respect your opinion. And yes, hopefully this doesn’t end in a mess of copyright spaghetti.
5 Likes
Correct - There should be a question of this third party and whether or not they have gotten it legitimately. If this third party had previously already been prosecuted by Tommy and he won, it wouldn’t hold too well for Roblox, but they probably would repurchase the rights as they are trying to reach more content creators for the platform.
This is why in an actual legal case, Roblox would’ve had to show where they had gotten the license from. From there, Tommy would have to dispute it with them. If he won, then Roblox would have to pay for the licensing again.
Tommy should most certainly go after this third party given this info. Then he can focus on Roblox.
2 Likes
I just hope all they have to do is a pay a fine or something like that. I just wouldn’t want to see something so classic go away like this.
2 Likes
This is very interesting, but there’s not much choice here.
2 Likes
I am glad you could sort this out! Thanks Roblox!
2 Likes
Great to see you guys replying to this situation!
Most companies now typically ignore or deal with such situations in the shadows without letting their community know, it’s great to know Roblox cares about our concerns when it came to this matter.
Thank you!
5 Likes
In his most recent post, showing the “copyright” he had misspellings in the documents. At this point- I feel it is inappropriate for everyone here to be speculating off of information that no longer seems viable; or trustworthy. Time is wasted debating something that we have no true business in- and ROBLOX was only forced to address it; due to Tommy being so valiant in attempting to gain traction for the injustice.
The courts can decide if there is a case, we are in no place to do so.
14 Likes
I think that purchase is the way to go
If it was some small business I would understand that it would be not fair if they had to buy something twice but Roblox is a big corporation so they have money to buy it and it’s probably not very expensive, that’s 1 second sound after all
4 Likes
I’ve checked it in Windows version and same thing, it’s an mp3
only wav is bass.wav file that I thought is deleted
6 Likes
I personally do not think Tommy deserves anything after the way he’s bashed the platform on social media the past few weeks. Even if he did want to pursue legal action, Roblox could easily stomp this whole thing out by dragging this out in court and helping him accumulate tons of legal fees until he can’t afford it any longer.
8 Likes