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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.
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...
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.
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.
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.