[NM] Sorry, ODD Games, Retroactive Defamation Isn’t Real


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Here at MMO Fallout, I have always taken the position that a developer’s previous work does not prohibit them from fixing what is broken or improving in future products. While we would like to see a world where games stop launching in a barely functional state, it stands to reason that any game can go from a failure to a success with a simple series of patches.

Nevertheless, it is a new day and that means another independent studio dead set on dragging their reputation through the mud by threatening a member of the games media. ODD Games has been making headlines with the news that the studio threatened Youtuber Nerd³ over his review of Monster Truck Destruction, a $5 mobile port currently sitting at a “mostly negative” rating on Steam with a peak of six users over the past month. Not a single person is playing it right now. The review video has been accused of making false statements about the game, at least in a manner of speaking.

Where the case gets interesting, and where the line gets drawn, is in timing. Factually speaking, nothing said in the original Youtube review was incorrect. Since the review was posted, however, ODD Games has patched Monster Truck Destruction and fixed several issues that were present in the build reviewed. In their threat, ODD Games demands that the video be taken down as the review “can be interpreted as defamatory.”

The letter goes on to give a 48 hour deadline before the issue is “escalated to the relevant authorities.”

Unfortunately for ODD Games, defamation doesn’t cover statements that were true at the time they were said but were later invalidated. It does, however, leave a mark on your company as being that one that uses threats and intimidation in order to get your way, and unsuccessfully at that. Just imagine how different these events might have played out had you simply sent an email asking for a fresher review? I can’t guarantee that your request would have been answered, but you can hardly do worse than this.

IPE Update: Judge Strikes Down Digital Homicide


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It’s been quite a while since the last In Plain English update on the Digital Homicide lawsuit, but earlier this week two new documents were presented to the court system that, as some of you have pointed out, I’ve ignored. I posted a short bit on Twitter essentially saying that nothing new was really presented, but for the sake of documentation, it’s best to just go over recent developments in a little more detail. For the sake of brevity, I’m going to assume you’re up to date on the case. If not, check out our previous coverage.

There are a few things at issue here. James Stanton has filed a motion to dismiss the lawsuit on the grounds of jurisdiction, among other complaints, to which James Romine filed a response and a motion to amend as well as a motion to exceed the page limit. The court accepted the first motion to amend and motion to exceed the page limit.

However, Romine filed a motion to amend his response and Stanton objected on the grounds that the amendment didn’t do anything but repeat previous arguments. The court has upheld the defense, and denied the second motion to amend the response.

As a result, the court has approved a motion for leave to the plaintiff to amend his response to the defense’s motion to dismiss the case. In layman’s terms, Romine has more time to respond to Stanton’s attempt to have the case dismissed.

The second document is a 28 page rebuttal of Stanton’s defenses. It reiterates a lot of what Romine has said already, that Stanton does business in Arizona because people in the state can subscribe to his Patreon and buy items. He states that he can sue Stanton as an individual because the defense used his name specifically in coverage (calling him Romino).

Romine was also CISSP certified until 2014, and his sales have been destroyed by Stanton’s followers. I’m not sure what those two have to do with each other, but they’re noted in the same paragraph.

Our take: Once again, it’s interesting to see Digital Homicide, a company with seemingly little self-awareness of their public perception, using the Ventura v Kyle case in their list of precedent. If you’re not aware, Jesse Ventura sued former Navy Seal Chris Kyle over Kyle’s statement that he punched Ventura in the face at a bar after Ventura allegedly stated that the Seals could “lose a few” in reference to Kyle’s deceased fellow soldiers. When Kyle was murdered in 2013 at a shooting range in Texas, Ventura instead pursued damages against Kyle’s estate. He came out with $1.8 million, which he has since been accused of lying to the court and claiming said money would be paid by the book publisher’s insurance in order to ensure a verdict in his favor.

(Addendum: The verdict in Ventura’s favor has been thrown out and the case is set to go to retrial. This was accidentally deleted along with another comment.)

Romine is still representing himself as of this publishing and his Gofundme for a lawyer presently sits at $425.

Snapshots: Riders of Icarus


Riders of Icarus hits open beta July 6th, but for now Nexon has sent along a few new screenshots showcasing the mounts you can find in-game. Players with founders packs can get in early, while the rest of us will be able to log in next week.

(Source: Nexon)

Orion Project Back On Steam After DMCA Takedown


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The Orion Project is once again available on Steam after its removal from Steam over allegations of copyright theft. Developer Trek Industries found itself on the defensive earlier this week when Valve removed their game from sale, responding to a DMCA takedown notice by Activision claiming that several guns from Orion were stolen from more than one Call of Duty title.

Trek Industries initially denied the claim, threatening legal action against Activision and calling their DMCA notice illegal. The developer later retracted their claims once comparisons surfaced of the guns in question, announcing that the artist responsible has been fired and that they would be complying with Activision’s complaint.

Orion can be found on Steam for a discount during the Steam sale.

(Source: Steam)

Rappelz Shutting Down Its Hardcore Server


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The latest expansion for Rappelz has been confirmed for release later in 2016, but for now Webzen has important information for those still playing on the hardcore server. Due to a lack of popularity among the game’s userbase, Webzen has officially announced that the server will close down in just a few months.

Server migration will begin in July and last a month, before the server officially closes.

WEBZEN also officially announces the migration of the Hardcore server, enabling players to transfer their characters to a server of their choice for free. Starting from July, players will have one month to apply for the migration, with the Hardcore server being discontinued after the process. For more information on this topic, please visit the WEBZEN forums.

Rappelz players are welcome to check out MMO Fallout’s Webzen giveaway. Grab some free stuff.

(Source: Webzen press release)

Neverwinter Hits Playstation 4 On July 19th


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Perfect World Entertainment has announced that Neverwinter will be releasing on Playstation 4 on July 19th. The game will be available to early access users on July 12th with the purchase of a $20 Onyx Head Start Pack, with everyone else gaining access a week later.

The Playstation 4 edition will work all content from the main game, including eight classes and nine expansions.

The Onyx Head Start Pack will include the following items and will be available on July 12 for $19.99:

  • Head Start access to Neverwinter a week before the game launches
  • Fragile Onyx Weapon Pack
  • Onyx Keyring with 20 enchanted keys
  • Adventurer’s Helper Pack
  • Graycloak’s Legacy weapon
  • Onyx Horse mount
  • “The Onyx Adorned” title

Neverwinter is currently available on Xbox One and PC.

(Source: Neverwinter)

Wild Terra Introduces Searchable Recipes, Ferrets in Woods


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Wild Terra has released version 0.8.7, allowing players to search for recipes by name in crafting/construction lists.

(Source: Wild Terra)

Improvements and fixes 0.8.7
Now you can search by recipe name in the craft and construction lists.
Ferrets are now live in the woods.
Implemented the possibility to set icons of recipes on the belt.
Changed operation items that are installed on the belt. Now, if the item is lost – it is no longer leads to complete disappearance of the icons on the belt and do not need to be reset. But the current icons will have to replace with new ones.
Remade system corpses names for animals in order to facilitate localization.
Fixed appearance of the menu of the world objects only from the second pressing.
Fixed errors when titles not displayed correctly.
Fixed a bug due to which drop-down items that do not have enough space in your inventory does not disappear from the ground. Objects with this error will disappear in time.
Fixed a bug due to which after use arcane – attacks do not work on animals.
Fixed a bug due to which it was possible to gather resources many times or with several players at once.
Fixed a bug due to which after the revival could remain bleeding.
Fixed a bug due to which the demolition of buildings and the repair mode is not switched off.
Updated the internal interface library.
Updated library for displaying characters and animals.

Star Trek Online’s Agents of Yesterday


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Star Trek Online players will be transported back in time to command starships straight from Star Trek: The Original Series and become Temporal Agents when the game’s third expansion, Agents of Yesterday, launches on July 6. Check out the official launch trailer for Agents of Yesterday in the video below (Or view the trailer on YouTube).

In celebration of the 50th anniversary of Star Trek: The Original Series, Agents of Yesterday invites players to embark on a journey through time and space as the Captain of an era-appropriate ship from the series that started it all. The expansion also brings all of the Star Trek timelines and universes together by sending players on a mission to the past to save the future as Temporal Agents. In addition, Agents of Yesterday introduces more than a dozen new starships and several new featured episodes, starring beloved characters from several differentStar Trek series, including Chekov (Walter Koenig), Scotty (Chris Doohan), Admiral Leeta (Chase Masterson) and Agent Daniels (Matt Winston).

Star Trek Online is a free-to-play massively multiplayer online game where players can pioneer their own destiny as Captain of a Federation starship, become a Klingon Warrior and champion the Empire through the far reaches of the galaxy, or rebuild the Romulan legacy as the commander of a Romulan Republic Warbird. In Star Trek Online players have the opportunity to visit iconic locations from the popular Star Trek universe, reach out to unexplored star systems and make contact with new alien species. Star Trek Online is currently available on PC and will launch on PlayStation®4 and Xbox One in fall 2016.

Giveaway: Webzen Summer Package


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MMO Fallout has once again partnered with Webzen to bring you some cool stuff for your favorite games. Today’s giveaway allows you to redeem your key for an item package in ASTA, ELOA, RAPPELZ, MU ONLINE, FLYFF, and C9. Codes are limited to one per account, and instructions for redemption are below.

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Details:
– Usable until: July 31st 2016
– Coupon codes can only be used on an existing WEBZEN account.
– Coupon codes are limited to one use per account.

Redemption instructions:

  • Go to http://www.webzen.com/events/games-of-webzen/redeem
  • Log in with your account
  • Enter your coupon code (without hyphens)
  • Select the game, country, server, and character you want to receive the item(s) on
    • ** The options in each category will vary for each game.
  • Click the Redeem Coupon Code button
    • **The item(s) will be delivered to the account or character that you have selected.

The Takedown of Orion: Answering The Call of Duty


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Orion developer David James is threatening a counter-suit after a DMCA takedown notice from Activision resulted in Orion being removed from sale on Steam during one of the larger sales of the year. The takedown notice alleges that Orion stole assets from Call of Duty: Black Ops III and Call of Duty: Advanced Warfare.

James has uploaded his own comparisons of the weapons in Orion to the weapons in Call of Duty, but the truth seems to go a bit deeper. Community members have been creating their own comparisons that show a more damning story.

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The allegations against Orion would be more surprising if this were the first time that the developer had been accused of content theft, and it isn’t. Spiral Game Studios has been the focus of numerous scandals in the course of its existence. Their previous title, Orion: Dino Beatdown was alleged to use stolen assets from several games. In his responses, James conduct readily slips into immature schoolyard banter (emphasis mine).

We need everyones help and support to rectify this immediately as this erroneous claim has already costed what is a very small team a significant amount of money and we need it remedied ASAP so we can get back to work on real content, something that Activision should take note of.

What Activision is claiming isn’t a valid or legal use of DMCA. If they were alleging that we had actually RIPPED the Black Ops 3 weapons FROM their game and used them exactly – their shipped meshes, their shipped textures – that is a DMCA case. And the fact that they made an artist feel this way when it’s ALL they do is absolute crap.

On a side note: The Digital Millennium Copyright Act criminalizes production of technology that circumvents digital rights management. Title II of the DMCA provides limited liability for content hosts if they respond to a takedown notice and remove said offending material within a certain period of time. James is incorrect in his statement that DMCA is not valid in this case.

Alternately, you can check out Orion’s original character: Bloba Fett (not his actual name). And yes, the name of the video is Every Man’s Sky, a polar opposite of that game No Man’s Sky. You may have even noticed the name of the developer, Trek Industries.

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When it comes to copyright, the law is very lenient when it comes to ‘real’ things. You can’t sue for making similar looking trees, for instance. In regards to inventions that don’t have any real world counterpart, the law is more strict. The Orion gun, shown below, appears to be cobbled together out of several Black Ops 3 weapons.

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The case appears to be open and shut, however we will have to see how Trek Industries responds and whether or not Activision decides to push this into a full lawsuit.

(Source: Steam)