Star Control: Origins Gets Yanked From Store Shelves After DMCA Takedown


While the Digital Millennium Copyright Act has been used more times than we can count to pull videos and music off of the internet, it’s very rare that the process is used to take down an entire video game. That said, Paul Reiche III and Robert Frederick Ford have decided to end the year with a copyright strike, and Star Control: Origins is the victim.

As noted by developer Stardock, as of this publishing Star Control: Origins is unavailable for purchase on Steam and Good Old Games. The takedown came from the above mentioned Reiche and Ford, over claims that Star Control: Origins violates their copyright ownership over Star Control and Star Control II. Stardock purchased assets related to Star Control from Atari in 2013 after the publisher filed for bankruptcy, including trademark and publishing rights for the trilogy. Creators Ford and Reiche have disputed Stardock’s ownership, which has lead to an ongoing lawsuit between the three parties.

In their announcement on Star Control’s Steam page, Stardock detailed the facts behind the takedown:

“Unfortunately, rather than relying on the legal system to resolve this, they have chosen to bypass it by issuing vague DMCA take-down notices to Steam and GOG (who, btw, Reiche and Ford are suing using GoFundMe money). Steam and GOG both have a policy of taking down content that receive DMCA notices regardless of the merits of the claims. To my knowledge, never in the history of our industry has anyone attempted to use the DMCA system to take down a shipping game before. For example, when PubG sued Fortnite for copyright infringement, they didn’t try to take Fortnite down with a DMCA notice.”

Star Control: Origins released on PC just three months ago in September. This is not the first time Stardock has received a DMCA takedown from Reiche and Ford, as the pair had filed a copyright notice to cease distribution of the original Star Control trilogy, a strike that was later reversed. Ownership of the Star Control trademark is viewable here.

Star Control: Origins is still available on Good Old Games as of this article being published. This is likely to change.

Source: Steam

US To Consider DMCA Exemptions For Offline MMOs


Here’s a head scratcher: Should shuttered online games be exempted from Digital Millennium Copyright Act claims if the product is abandoned by its owners? The answer is yes, at least sort of. Under current US law, there are exemptions made for circumventing a game’s copyright protection if said servers have been abandoned by the owner and the game has a single player component. It does not protect against changes made to bring multiplayer games back online. It also does not protect people who alter their consoles to circumvent shuttered server authentication.

Well all of that may change, as the US Copyright Office is taking comments in regards to potentially adding exemptions for online services. This could pave the way for explicitly legal MMO servers for shuttered games, so if you have an opinion on the matter then now is the time to give it. The Copyright Office is taking comments until mid-December.

(Source: Gamasutra)

[Community] Mob Mentality, Jason Vorhees, and Website Policy


For this week’s Community article, I’d like to bring up as subject that has been discussed to death over the past few years yet still remains a pervasive issue in not just the gaming community, but virtually every aspect of human life especially when the internet is concerned: Mob mentality and the internet’s ever populous septic tank of human refuse that plagues every community.

If you haven’t been paying attention, Friday the 13th developer Illfonic got caught in some hot water this weekend after a player got banned for allegedly sexually harassing a group of players including a 12 year old girl. The topic has been covered by a number of Youtubers, which you can find and catch up on if you want to know the story, but instead of talking about semantics, I’m going to summarize MMO Fallout’s response to this controversy in one paragraph:

I didn’t write about it, and looking at all of the misinformation that has come out and been repeated by various Youtubers, I am doubling down that not writing about it was the right thing to do. I throw around the term game journalist like it’s a joke sometimes, but this website does strive to follow the SPJ code of ethics, and rules one and two are seek the truth and minimize harm respectively. That didn’t happen in this case.

Among the big book of rules written for MMO Fallout, discussing reports of game bans is virtually off the table except in rare circumstances where the developer is blatantly crossing an ethical line by handing out bans for poor reviews or doing something shady and banning people in the hopes to silence that information. At the end of the day, bans are subjective, and as incredible as it sounds, people who are punished tend to lie about the circumstances surrounding their ban. I say this as someone who has a long history that includes GM’ing an MMO and owning/moderating servers for games like Left 4 Dead, Call of Duty, and more. You’ll be a lot more skeptical after the tenth person you’ve banned in a month (after repeated warnings) for using racist slurs in chat shows up on the forums and says he has “no idea why he was banned for just playing the game better than everyone else.”

But more importantly, these topics tend to be eighty sixed because the internet can’t behave itself, and such coverage is only guaranteed to result in the mob mentality’s three D’s: Death threats, doxxing, and DDOS attacks. Not only has the harassment campaign by online sociopaths begun against Friday the 13th’s developers, but the servers have been hit more than once by attackers trying to either punish the developers or simply ruin the experience.

And make no bones about it, I don’t blame either the guy who got banned for airing his grief or the Youtubers for popularizing the controversy for this response, as I have written numerous times in the past, it doesn’t take much incitement for death threats to start rolling in. It’s also important that we don’t just accept this sort of action and continue to weed out and remove such bad actors.

The player in question has even apologized for what the developers have endured following his review, an act that should be commended in spite of genuinely being unnecessary. It also shows how disturbing parts of the net have become:

I know what its like to be doxxed. I know what it’s like to have your family called and have horrible things been said to them. That’s why I can no longer continue to support this. I have been approached by people on steam, asking me to??????the 12 year old I was in the game with, and to give out the people in the matches information so they could doxx them and kill them. The things people have said to me have really scared me these past couple of days and in no way shape or form did I want this to happen.

While I will never blame content creators for the actions of their community (unless said action is directly or implicitly instructed by said creator), you absolutely have an obligation to verify the facts before making statements.

Other than that I have no opinion on the matter.

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)

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)

ESA Opposes Restoring Online Functionality For Shuttered Services


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Allowing people to continue playing games that they legally own, but cannot access due to shuttered services, will destroy the videogame industry and undermine the copyright law. At least this is how the Entertainment Software Association, a trade association representing some of the largest game producers, would like you to think. The ESA, along with the RIAA and MPAA, have written to the Copyright Office in opposition to proposed exemptions to section 1201 of the Digital Millenium Copyright Act.

The exemption, being pushed by the Electronic Frontier Foundation, would offer legal protection for the purposes of preserving abandoned games. With many games relying on servers being maintained for DRM or online-only games, gamers are increasingly finding themselves being unable to return to old titles.

(Source: EFF.org)

The EFF Wants DMCA Protection For Abandoned Games


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When the servers shut down for your favorite games, often times players find themselves out of luck and with a product that is no longer usable. To make matters worse, attempts to recover the game by setting up private servers or releasing a program to circumvent the now-useless DRM, run the risk of being met by the publisher’s legal team.

The Electronic Frontier Foundation has submitted comments to the Copyright Office asking for an exemption to Section 1201 of the Digital Millenium Copyright Act.

Game developers and distributors don’t run servers forever, and often shut them off when player numbers dwindle. Having player communities step in to preserve their games is a win for everyone. However, Section 1201 creates chilling effects that keep this from happening. And for games without dedicated programmers who are willing to take legal risks, communities disperse, moving on to new games or just disappearing entirely.

Read more at the link below.

(Source: EFF.org)