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World of Spectrum gets a Visit from the IDSA
Dasaan writes "the
World of Spectrum
, a site that legally archives old Sinclair Spectrum games, has been accused of distributing copyrighted material by the
IDSA
.
The list of games supposedly being offered on the site include titles such as Soldier Of Fortune and Barbarian. And a quick search of the site shows that these titles are indeed being offered, however they are the original versions that were released many years ago and have now been officially made legal to supply by the current copyright owners." Their correspondence is also available.
IDSA is a company / organisation, not a gov body. Tell them to fuck off.
Same for the BSA and others. They carry no weight, they can represent who they want. its in the courtroom that matters.
Reading that link you realize that essentially they are PRO-IDSA.....
Searches like this are probably sub-contracted out to the lowest bidder, which will come down to a couple of interns typing "soldier of fortune download" into Google...
Bit of a pain for WoS to have to respond to this kind of rubbish, but it's obviously sent out to intimidate (since when did the Berne Convention have anything to say about "Immediate Take Down").
I was wondering this...
Why are copyright owners tracking down such things which wouldn't get pennies nowadays (they were selling off the old cassettes for 10p long ago).
Only thing I can think of is that some people are realising the value of not so much the games, but the ideas. Things like Sabre Wulf is one of the old Ultimate franchises which can be updated, and its franchises which sell nowadays. A lot of licenses tied up in those games too (I think Ocean owned the franchise for Batman for a long time too), maybe thats what they are trying to protect.
Or maybe they're just going to sell them all back to us again, like nintendos been doing with the GBA.
I suspect the former... I mean, have you played some of those games recently? While they had value at the time, they are not up to par graphics wise to something like the GBA...
They might even be under the impression that the SOF download is one of the new Activision/Raven games. And then simply threw in a couple of more titles to give the letter some weight. This is typical heavy handed legal hardballing that the BSA is also famous for.
If you read WoS's FAQ it even pretty much admits that their archive isn't fully legal...And if you read the correspondence, it only really deals with SoF, it ignores the other infringing games such as Frogger, Donkey Kong, etc.
I'm a big user of emulation - some MAME, a fair amount of C64 and also Amiga stuff. However, I do feel that if the original copyright owners complain, then the fair thing to do is to take the downloads down. In this case, IDSA is being too vague and needs to give a specific list of titles. Once given though, I feel it is only correct to comply.
Cheers,
Ian
This would of course take time and effort and a general scare letter may work in the majority of cases.
You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
The IDSA wants all emulators to be banned. More on this here.
More bullying by IDSA and Cox.
I'm guessing the IDSA is a games-only version of the BSA.
Or, as is more likely, they'll be re-selling the rights to such classic games for inclusion on mobile phones...
Since most spectrum games were way better than anything seen thus far on a mobile phone...
I'm not familiar with their former actions, but this doesn't seem to be a good sign. Looking at their members, any questionable conduct could have very widespread effects. Don't wait until it's too late, let them know what you think now!
One huge problem with old software is that no one supports or sells it anymore, but many users still want to use it. Redistribution is still illegal, since it's copyrighted.
I think a law should be made to make it possible to declare something abandonware and enable non-profit redistribution, if the original firm holding the copyrights aren't selling/supporting it anymore.
There is probably lot's of problems with this approach, but I suspect there are more problems with going after people wanting to relive their memories, or wanting to let other people do so...
.: Max Romantschuk
Yes. It's almost as if they expect that putting dmca@idsa.com on a popular website will lead to a lot of spam.
God, I'm childish.
I think this is caused by the new versions of Mobile Phones.
In days of Olde, these games were so popular because of the actual gameplay. Yes they had limiting graphics, but what they had worked so well. Now in this day of new mobile phones (Ericcsson P800 springs to mind) people are looking back at these games and thinking "that could easily be ported".
I grew up and learned to program in the Spectrum era. In fact if you hunt closely you may find one of my games. (^_^) Mobile Phones are now reaching the kind of status as a portable entertainment device. And games obviously figure quite highly on the list of money making revenue that the providers like. Forget Tetris. Multi-player Barbarian anyone?
Something that you might want to consider is that, while the publisher or author has given permission to distribute these works, it is possible that the publisher/author themselves were in violation of copyright laws. During the late 70's and early 80's there were a lot of independent developers that programmed 'clones' of popular arcade games for home computer/hobbyist systems. These games were distributed without permission or license from the copyright holders of the original arcade games. Many old timers will probably recall the infamous "This game is over" ads from Atari concerning clones of its licensed games. Most notable of these were the PacMan clones. It was during this time in the industry that Atari asserted that just because a game did not use actual code nor actual artwork from the original, it was not immune from copyright infringement litigation if it could be reasonably concluded that it diluted the copyrighted work's value. From the list of titles given, it appears that each of them are well known copyrighted and trademarked entities. As such, it is the duty of the copyright holders to enforce any alleged misuse of those copyrights/trademarks. It is doubtful that the Spectrum version of PacMan, Donkey Kong, or even 007 were distributed through a valid license agreement with the original copyright/trademark holders. Perhaps with some clarification from the IDSA, WorldOfSpectrum could contact the copyright/trademark owners of the alleged infringing properties and obtain permission from them. Please don't misunderstand my take on this. I am not attempting to side with IDSA, I just happened to glance at this issue from a different perspective.
Dear non-copyright-holder.
Thank you for the concern you express about somebody else's intellectual property. If you forward to me a hardcopy of the document signed by the copyright holder giving you the authority to request my not offering ___ for dowload, or if the original copyright holder makes such a request, I will promptly comply.
Yours, blah-blah-blah.
Given that the ISDA is a self-proclaimed authority that, in fact, very few copyright holders (and almost none outside the US) are members of, and given than the copyright holders of most of these programs have long gone the way of the dodo...
-- MG
(1) where my definition of "abandonware" is the most common one: software published by a company which is defunct, and which can no longer be purchased.
The IDSA seems to be on a roll when it comes to stupid cease and desist letters. Lik-Sang's ISP recently received a letter from the IDSA alleging that they had "a good faith belief" that Lik-Sang was violating the DMCA (and apparently the DMCA applies to Hong Kong now?) because their prices were too cheap and that meant that they must be pirating the discs and selling them just above cost.
Lik-Sang, of course, went absolutely wild over it. They found it to be pretty hilarious and saw "So cheap, the IDSA finds it suspicious!" to be a brilliant selling point for their new "Price Crusher" promotion.
...as "dilution of copyright". You either have copyright on a work, or you do not. It's like saying "reduction of pregnancy".
That said, you were probably thinking of trademarks. If Atari had Pacman trademarked (which is likely), then a clone or near-clone of it would indeed dilute the trademark.
The other possibility is that the graphics of the clones were so close to the original as to be seen as a copy, in which case they would have been in breach of copyright.
I'm the sort of person that was pretty much raised on computer games. Although these game companies only consider games "consumer products", I consider computer games an integral part of our culture. Destroying computer games are not unlike burning books.
/Lars
There are several ways of destroying games and one of the most effective ways is to simply not preserve them while trying to stop others doing so. Spectrum games are stored on ordinary cassette tapes that unlike paper books does not stand the test time. The information deteriorates over time, and it's most unlikely that these cassettes will be usable in 10 years time and definately not in 50 years.
With the IDSA, MPAA and organizations fighting emulation with stupid laws like the DMCA and threats like this, they are making both themselves AND future generations a big disservice. How many here honestly believe that Nintendo (who owns the copyright of the Mario character) actually have a copy of Mario for the Spectrum?
I collect games. But I don't store 10000 old 8bit games so I can sit and play them all day. I also collect them to ensure that they aren't lost. Do take a look at the "Missing in Action list att WoS to see the names of games that didin't make it. I don't trust a single person or a handful of them to actually manage keeping this stuff alive for future generations. I would like as many as possible to store stacks of old games on CD:s in their homes.
Software companies could aid this preservation in mainly two ways. They can either:
1) Allow free distribution. There's no drawback in doing so for them. It's goodwill and it's allso an efficient way to keep your company name fresh in peoples mind. These games are not something they will make very much money off anyway, and granting free distribution does NOT mean that they would lose copyrights for the lucrative characters.
2) Sell their old games. And I don't mean in newly "touched up versions". Just fill a CD with the original games and sell it in bulk. Currently, no company does so, although I applaude Sega and Konami for releasing at least some of their back catalogue commercially in _almost_ original shape.
If for instance Codemasters* were to ship a CD with all of their 8/16-bit games (which would easily fit onto 1 cd), I would buy this CD. As it stands now, Codemasters probably doesn't even have all their games themselves so they can't even compile such a CD anyway.
As the situation is today, I consider sites that distribute abandonware and old games freely to be custodians of our cultural heritage. Future digital archaeologists will thank "petty criminals" like Martijn Heide for the work they put into preserving these games. They are heroes!
* I use Codemasters as an example since they have denied distribution of their old 8bit games.
A mild understatement. I've been a fan of Elite since it first appeared on the BBC micro, and the pettiness between Ian Bell and David Braben is extraordinary. It occasionally spills over into alt.fan.elite, such as at the moment. The author of the re-engineered version is also working with Ian Bell to produce an Elite-inspired game which would be free of all Elite-based copyrights. Bell seem to refuse to even speak to Braben, let alone co-operate with him.
Without knowing people it's impossible for me to take sides without just guessing. The majority of the fans seem to have sided with Ian Bell, but Braben appears to have been behaving quite reasonably in his newsgroups posts so I'm withholding judgement.
Cheers,
Ian
What a coincidence... something similar just happened to the German university of Münster.
k .src.rpm". Now *that's* one pirated office!
The BSA sent the university a cease&desist-letter and told them to stop distributing MS Office over their FTP server.
Unfortunately, the file mentioned in the letter is "/mandrake_current/SRPMS/OpenOffice.org-1.0.1-9md
Read more about it on Heise (sorry, German).
Two Worlds - One Sun [Spirit]
Is this really how they are doing it? If so, can anyone post the list of file names that they are looking for?
In all honesty, don't know. However, they certainly didn't appear to do much more than that. Getting as far as WoS's database entry for Soldier of Fortune (one click away from the game listings) clearly shows that it's not the modern game.
As has been pointed out elsewhere, that's the most clear-cut case; some of them (eg 007) I don't believe the IDSA are representing the copyright holders to the versions on WoS, even if we don't have permission to distribute them. Others (Mario, Frogger, etc) the IDSA may be representing the copyright holders, at least for some of the versions. If the IDSA responds to Martijn's reply, then action may be taken with respect to those games.