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Register, Others Call Plagiarism in "Limbo of the Lost" Game

Fallen Andy writes "'The Register' has an article describing 'Limbo of the Lost' (developed by Majestic and sold in the U.S by Tri Synergy) which seems to have 'borrowed' copiously graphics assets from other games. Over at the GamesRadar forum there is a thread with some screenshots. Finally, this game has its own Wikipedia entry. Warning to all — move the soft drink away from the keyboard and monitor before you look at those screenshots. Blatant this is, very blatant indeed."

400 comments

  1. Oblivion by kellyb9 · · Score: 0, Redundant

    Looks just like Oblivion...

    1. Re:Oblivion by kellyb9 · · Score: 1, Redundant

      Looks just like Oblivion Except much shittier... Oh... and YES, I quoted myself!
    2. Re:Oblivion by AioKits · · Score: 1

      Looks just like Oblivion Except much shittier... Oh... and YES, I quoted myself! Least I'm not alone. I thought the 'shittier' one had to be Oblivion since it came before Limbo. Was somewhat surprised when I looked at the captions. Not even the effort to make it prettier?
      --
      "Quote me as saying I was mis-quoted." -Groucho Marx
    3. Re:Oblivion by Cathoderoytube · · Score: 5, Funny

      I'm guessing the company that made this game will be sued into oblivion

      --
      I have nothing compelling to say
    4. Re:Oblivion by pushing-robot · · Score: 4, Informative

      FWIW, "Limbo of the Lost" is a 1990s-era point-and-click adventure game with static backdrops, and those backdrops just happen to be screenshots of other games.

      Even if they hadn't plagiarized other games, I can't see anyone buying the piece of crap. Everything about it - plot, graphics, audio, game engine - reeks of amateurism.

      --
      How can I believe you when you tell me what I don't want to hear?
    5. Re:Oblivion by darkhitman · · Score: 4, Funny

      But it's already got Oblivion in it... that's going to be a nasty feedback loop.

      --
      Tell me something...it's still "We, the people"... right?
    6. Re:Oblivion by Anonymous Coward · · Score: 0

      You sure you didn't plagiarize yourself there?

  2. I don't see what the big deal is by k_187 · · Score: 5, Funny

    The original creators of that stuff didn't lose anything, its all bits man.

    --
    11 was a racehorse
    12 was 12
    1111 Race
    12112
    1. Re:I don't see what the big deal is by wattrlz · · Score: 1, Funny

      They might loose someone's game purchasing dollars since we can get most of the game experience from just playing LotL.

    2. Re:I don't see what the big deal is by NiceGeek · · Score: 4, Interesting

      I know you were going for humor, but even people who download music, etc. aren't taking credit for creating said music.

    3. Re:I don't see what the big deal is by Ferzerp · · Score: 5, Insightful

      The problem with your analogy is that they are making a profit on it (well, they won't now). The people who use the argument you are talking about for copying music/games/etc don't turn around and make mixed CDs, package them, and sell them as their own work (except puff daddy).

    4. Re:I don't see what the big deal is by JesseMcDonald · · Score: 1

      One cannot lose what one does not already own.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    5. Re:I don't see what the big deal is by Anonymous Coward · · Score: 4, Interesting

      But, based on my understanding of several recent different but similar situations involving movies and music, we can all safely assume that those people would not have bought the game to begin with.

      We can also take comfort in knowing that the companies from whom the graphics were lifted probably keep the lion's share of the profit from game sales and the graphic artists make almost nothing, by comparison.

      Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway so no one has any legal standing to complain about anything. This includes if he wants to make a mashup of the game's graphics and his own cool gaming idea and call it 'Limbo of the Lost'.

      And furthermore copyright law has been subverted by corporate interests and is just a shadow of what the found fathers wanted it to be. Copyright is OUR rights not theirs it makes sure WE get the copyrightable content but it has been changed around to give CORPORATIONS all the control. Do I want DRM on my hard drive so I can play a game but keep me from taking screenshots? No! I'll never install Vista. If this was available in WINE I would play it but it isn't. I don't even run NDISWRAPPER!

      So, in conclusion, no. I don't think anyone has stolen anything. Information wants to be free.

      As in I don't pay anything for it.

    6. Re:I don't see what the big deal is by sm62704 · · Score: 1

      So THAT'S where all my bits went! I've been looking for them.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    7. Re:I don't see what the big deal is by Anonymous Coward · · Score: 2, Funny

      The original creators of that stuff didn't lose anything, it's all bits man.

    8. Re:I don't see what the big deal is by inviolet · · Score: 5, Interesting

      And furthermore copyright law has been subverted by corporate interests and is just a shadow of what the found fathers wanted it to be. Copyright is OUR rights not theirs it makes sure WE get the copyrightable content but it has been changed around to give CORPORATIONS all the control.

      Guess what? The CORPORATIONS that own this stuff are composed of people and owned by people. You can become one of those people for about $50 a share. A corporation is the modern expression of the Right of Free Assembly, and is used to administer cooperative division-of-labor and ownership of property.

      Would you prefer that property can only be owned whole, by single individuals? Do you realize that it would be impossible to undertake any large, capital-intensive project in that environment?

      --
      FATMOUSE + YOU = FATMOUSE
    9. Re:I don't see what the big deal is by Farmer+Tim · · Score: 4, Funny

      Except one's breath.

      Hey, as long as you were getting philosphical...

      --
      Blank until /. makes another boneheaded UI decision.
    10. Re:I don't see what the big deal is by MindStalker · · Score: 1

      Agree and disagree, you see ultra cheap books and games on sale at the dollar rack that lift content from others all the time. I don't really care, but try to sell me a full prices game which is expected to contain original artwork and I'm going to feel ripped off. Yes, part of what I am buying in the game is the original artwork, not just the game experience itself. Be straight forth that this is a cheap game using knockoff artwork and I wouldn't care.

    11. Re:I don't see what the big deal is by Broken+scope · · Score: 4, Funny

      That wasn't thunder you just heard, that was something breaking the sound barrier as it went over your head.

      --
      You mad
    12. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      -1 Posting while drunk

    13. Re:I don't see what the big deal is by spun · · Score: 0, Troll

      Corporations are a way to profit from criminal activities without the risk of being held responsible. You invest your money, and the board and CEOs know what to do, wink wink, whatever it takes to make a buck, and you never even have to know about all the suffering you caused with your investment.

      It isn't just a few bad apples, the barrel of corporate culture is almost pure rot, with very little apple at all.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    14. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      Are these people taking credit for creating it? Maybe they're just 'in a similar world' or something. Maybe the only thing they're taking credit for is the puzzles or whatever in the game... not the artwork. They're just 'borrowing' it.

    15. Re:I don't see what the big deal is by cliffski · · Score: 5, Insightful

      so all corporations are teh evil incarnate eh?

      Am I an evil corporate scumbag because I own a limited liability company? Am I magically less evil if I make the same games as a sole proprietor? Or is all commerce evil and only working for free in a hippy commune an acceptable way to live?

      These guys were scum who took other peoples hard work and tried to profit from it. They should be sued to death. If you tolerate this, then that means you would prefer all modern games to just be re-mixes of the 8 bit textures from games of twenty years ago. After all, why the hell put any effort into creating original stuff when you can just rip off people who can do better work than you.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    16. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      turn your sarcasm detectors to 11, boys, we've got ourselves a tricky one.

    17. Re:I don't see what the big deal is by khellendros1984 · · Score: 1

      *whoosh*

      --
      It is pitch black. You are likely to be eaten by a grue.
    18. Re:I don't see what the big deal is by GroeFaZ · · Score: 4, Insightful

      Most important they don't try to make any money off of it.

      --
      The grass is always greener on the other side of the light cone.
    19. Re:I don't see what the big deal is by jedidiah · · Score: 1

      The issue is what exactly they copied and if that is something
      that is productive to enshrine with property rights.

            That can have many unintended undesirable consequences.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    20. Re:I don't see what the big deal is by PitaBred · · Score: 4, Insightful

      This should be modded "Insightful", not "Funny". Even if he did make some clever jokes, he's right. We'd all go play the game on a lark to see what we could find if it were free. The fact that the guy is charging for it when someone else did all the heavy graphic and design lifting is what's causing the furor here.

    21. Re:I don't see what the big deal is by jackspenn · · Score: 1

      The problem with your analogy is that they are making a profit on it (well, they won't now) Interestingly enough I checked posts online and people all over the net are dying to get their hands on a copy of this game, which is insane.
      --
      Respect the Constitution
    22. Re:I don't see what the big deal is by king-manic · · Score: 1

      Interestingly enough I checked posts online and people all over the net are dying to get their hands on a copy of this game, which is insane. The US distributor has ceased distribution. Lawsuits would have stripped those profits and more away from anyone involved anyways. This is not a good marketing gimmick if that was what you were implying.
      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    23. Re:I don't see what the big deal is by rk · · Score: 2, Informative

      The comment is very funny (I laughed, I cried), but except for hard-core (pronounced "zealot") IP people, both for and against, most people believe there's a world of difference between someone downloading a game/movie/song for their own use, and someone who would take that copy, make thousands more copies, slap their name on it, and try to make money off of it.

    24. Re:I don't see what the big deal is by Free+the+Cowards · · Score: 2, Insightful

      It isn't just a few bad apples, the barrel of corporate culture is almost pure rot, with very little apple at all. And you know this how?

      Remember, anything which makes the news is by definition an exceptional event. Things like Enron, skipping required safety inspections, false audits, etc. are the exception, not the rule.

      Most corporations I interact with on a regular basis seem to be fine upstanding citizens. The grocery stores I visit do a good job at a fair price. My car is well made and, as far as I am aware, the workers well compensated. My electricity is reliably delivered at a low price in compliance with environmental regulations. My cable company is crashingly incompetent but not, from what I can see, evil.

      There are definitely some bad apples, but there are millions of corporations in the US alone and most of them appear to me to be doing a fine job.
      --
      If you mod me Overrated, you are admitting that you have no penis.
    25. Re:I don't see what the big deal is by rk · · Score: 1

      God, it's a brilliant Idea:

      Game company takes assets from several of its games, founds new studio seemingly unconnected to them, makes crappy FBN game with said assets. Gamers notice and try to buy up game before it gets quashed.

      That could be more trouble than it's worth, because I wouldn't be surprised if that infringes on an EA business process patent.

    26. Re:I don't see what the big deal is by spun · · Score: 1, Insightful

      Limitation of liability is evil. If I invest in the mob, and they kill someone, I may be charged with a crime. If I invest in a corporation and they poison 10,000 people, or blow them up due to faulty gas tanks or whatever, I will never be held liable, though it is in part my money that allowed the corporation to kill.

      Why is it my fault if I invest in organized crime, but not in a corporation that commits crimes?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    27. Re:I don't see what the big deal is by jackspenn · · Score: 1

      Point is demand is up. Whoever bought this game and thought they got ripped off, could ebay it for a profit.

      --
      Respect the Constitution
    28. Re:I don't see what the big deal is by Grishnakh · · Score: 5, Insightful

      Am I an evil corporate scumbag because I own a limited liability company? Am I magically less evil if I make the same games as a sole proprietor? Or is all commerce evil and only working for free in a hippy commune an acceptable way to live?

      I don't actually agree with the OP, but he's not advocating communism. He's railing against corporations, because they absolve people of all personal responsibility and liability. So, yes, he probably thinks you're a scumbag of sorts because you own a LLC. If you truly believe that you're not doing anything wrong, then you should have a sole proprietorship, and accept all the liability that goes along with that. If you're not doing anything wrong, why aren't you willing to risk your own personal fortune and home?

      Personally, I disagree with this view partly. He makes a good point, in that people involved in corporations are too shielded from liability, so that, for instance, people like Ken Lay get to walk free after doing criminal things and just letting their corporation take the fall by collapsing, leaving all the actual people in charge without any consequences, but with plenty of money. However, if I were to start a business of my own, I would certainly form an LLC as well, because while big corporations like Enron and their executives certainly get off too easy, in today's overly-litigious society, it is simply too risky to allow your personal assets be tied up with your business, because one lawsuit gone bad (because of some stupid jury) means your home and other assets can be seized. While I personally don't believe myself to be doing any wrong, I simply don't trust the court system to render correct verdicts, and worse, it's simply too easy to be driven out of business by excessive litigation even if you're completely innocent due to our lack of "loser pays" laws, so it makes perfect sense to protect your assets by shielding yourself behind an LLC.

    29. Re:I don't see what the big deal is by jackspenn · · Score: 2, Interesting

      Does anybody else find it funny that the game is called "Limbo of the Lost" and it took 17 years for the makers to produce a plagiarized game. Think they felt like they were lost? Think they felt like they were in limbo? Think they were drinking when they decided to just steal others bits? Well if you do not find any of that funny, have a look at the makers and tell me does "Russian Mob" pop into your head at any point?

      http://www.kentonline.co.uk/images/paper/PD1403578_l.jpg

      --
      Respect the Constitution
    30. Re:I don't see what the big deal is by MrNaz · · Score: 1

      Please refer me to major news publications of the following incidents:
      * Pfizer conducting illegal trials with untested drugs on unsuspecting locals in Nigeria.
      * UNOCAL lobbying the US government (pre S11) that Afghan government was a threat to "National Energy Security"
      * Monsanto extorting poor farmers in Africa by selling them "self-terminating" seed that cannot be replanted and then lobbying the technically inept (or corrupt) governments of those nations to mandate the use of that seed.

      Kthnx.

      --
      I hate printers.
    31. Re:I don't see what the big deal is by spun · · Score: 0, Flamebait

      No, crime is the rule. The only thing exceptional about them is that they got caught. Or do you think the news magically reports on things they don't know about?

      Did you know that those fine upstanding grocery stores you visit also have outlets in poor neighborhoods? And they charge more, because poor people can't afford cars, so there is no competition. They also 'accidentally' charge more than the marked price at the register, much more frequently in poor areas.

      So, do you think the workers who made your car are as well compensated as they were, say, in the US back in the 60s? You know, when corporations still believed in decency? Now, almost all the extra value created in society goes to a few rich people, who's real income has skyrocketed while the real income of the middle class and poor has been stagnant for decades.

      Stealing a penny is not evil. Systematically stealing pennies from millions of people is. Putting thousands of people out of work to make a few more dollars that primarily go to rich shareholders is evil. Polluting is evil. Decimating labor unions is evil.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    32. Re:I don't see what the big deal is by inviolet · · Score: 1

      If you're reading it in the news, then it's an exception, not the rule.

      --
      FATMOUSE + YOU = FATMOUSE
    33. Re:I don't see what the big deal is by Tehrasha · · Score: 5, Funny

      If they dont get sued for lifting the content, someone should at least sue them for false advertising... How can they call the game 'Limbo of the Lost' when the players are going to recognize all the rooms and know where they are? Should be called 'Limbo of the Strikingly Familiar' or maybe just 'Deja vu'

    34. Re:I don't see what the big deal is by paulmac84 · · Score: 2, Funny

      It's not deja vu, it's just a glitch in the matrix!

      --
      One of the universal rules of happiness is always be wary of any helpful item that weighs less than its operating manual
    35. Re:I don't see what the big deal is by Free+the+Cowards · · Score: 1

      Google News easily finds all three of those.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    36. Re:I don't see what the big deal is by Anonymous Coward · · Score: 1, Informative
      If you truly believe that you're not doing anything wrong, then you should have a sole proprietorship, and accept all the liability that goes along with that. If you're not doing anything wrong, why aren't you willing to risk your own personal fortune and home?

      Because there about a million things that could ruin you through no fault of your own without the protection of an LLC. Has nothing to do with being a "good" or "bad" person, just the structure of our legal and tax system.

      Also, Kenneth Lay was about the worst possible example of someone "walking free". He had been convicted of 11 counts of fraud and was facing 20-30 years at his sentencing when he died. Jeff Skilling, the CEO, is currently doing 24 years.

    37. Re:I don't see what the big deal is by Free+the+Cowards · · Score: 2

      No, crime is the rule. The only thing exceptional about them is that they got caught. Or do you think the news magically reports on things they don't know about? Either there is evidence for it or there is not. If there is no evidence then you're just talking out your ass. If there is evidence but the news organizations are ignoring it or missing it then please present it.

      Did you know that those fine upstanding grocery stores you visit also have outlets in poor neighborhoods? And they charge more, because poor people can't afford cars, so there is no competition. What? Stores charge more money in areas that are more dangerous and more expensive to operate in? Say it isn't so!

      They also 'accidentally' charge more than the marked price at the register, much more frequently in poor areas. [[citation needed]]

      So, do you think the workers who made your car are as well compensated as they were, say, in the US back in the 60s? I couldn't say, but given that the median (not mean) inflation-adjusted wage has gone up around 50% since the 60s and the workers at the company who made my car are heavily unionized, I'd guess that they make more than their counterparts from the 60s did.

      You know, when corporations still believed in decency? Right, because the exact same structures which require unbridled evil today somehow promoted decency toward their fellow man in the 1960s? Come on, now. The 60s was as evil an era as any other in the US. If you want to believe that corporations are evil then fine, that's somewhat reasonable even if I disagree with it. But to think that they somehow morphed from wonderful entities to agents of evil over the course of 40-50 years just makes no sense.

      Now, almost all the extra value created in society goes to a few rich people, who's real income has skyrocketed while the real income of the middle class and poor has been stagnant for decades. See what I said about the median income since the 60s. Note that the median (again, not mean) income is not affected by large changes in the income of the rich.
      --
      If you mod me Overrated, you are admitting that you have no penis.
    38. Re:I don't see what the big deal is by GaryPatterson · · Score: 3, Insightful

      Have a look at the Pirate Bay's site. Lots of ads there... almost as if the traffic were bring used to sell advertising space.

    39. Re:I don't see what the big deal is by enderjsv · · Score: 2, Insightful

      If you "invest" in organized crime (I'm not even sure invest is the right word), you're doing so with full knowledge that their enterprises are illegal. Same as if you invested in the sale and distribution of drugs, arms trading, or whatever other crime you can think of. Knowingly aiding the activities of criminals makes you liable.

      When you invest in a corporation, there is an assumption that the corporation will act ethically and with your best interests in mind. When a corporation does illegal things, it is often without the knowledge of investors and is often contrary to their interests.

      These are two very different situations. Are you sure you're of the opinion that those individuals who worked for Enron and lost their retirement savings when Enron went bankrupt should also be held legally responsible for the actions of the guys at the top? If so, you're one cold dude.

    40. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      Monsanto extorting poor farmers in Africa^H^H^H^H^H^HKansas by selling them "self-terminating" seed that cannot be replanted and then lobbying the technically inept (or corrupt) governments of those nations to mandate the use of that seed.

      Fixed that for you.

    41. Re:I don't see what the big deal is by chubs730 · · Score: 0, Offtopic

      Yeah, we should arrest firearms manufacturers whenever there's a murder. After all, they're just profiting off of crime. I'm glad we have someone to blame at least.

    42. Re:I don't see what the big deal is by GMFTatsujin · · Score: 1

      Not magically less evil. Just legally more liable.

      Which is why, I suppose, you own an LLC.

      Corporations exist to distance the people who run them from the imaginary "person" of the company they do business under. This way of doing business has its advantages or disadvantages, depending on which side of the desk you sit on.

    43. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      then you dont understand the hours oof time and effort as well as money comanies ppu into creating original assets, i bet you pirate your games too.
      for the love of god dont go into business for urself

    44. Re:I don't see what the big deal is by Schadrach · · Score: 1

      I can think of numerous things my employer does with impunity that he wouldn't do if he couldn't hide behind the corporation as an entity (small employer, I am actually on a first name basis with the sole owner/shareholder/whatever term is most appropriate). Heck, in the past six months, that I know of, I can name at least one persistent environmental issue (a 10 foot long cone of oil being sprayed out at about 5 gallons per week since the beginning of the year), which after replacing the oil-spewing equipment was simply buried under a layer of gravel (pretty sure that's not the right way to clean up oil spills), a handful of OSHA violations, including some involving handling of strong acids (people applying them with no protective gear, storing glass bottles of concentrated nitric on overhead shelves with no guards of any kind, dust hazards, things like that), we've had unlicensed personnel drive vehicles that require a Class A CDL license, trespassing, and that's just to start with. I guarantee if he would have to take full brunt of the legal ramifications of his actions, his behavior would be substantially different.

    45. Re:I don't see what the big deal is by Free+the+Cowards · · Score: 1

      A lot of people I know are entirely unconcerned about this kind of activity in their personal lives, I see no reason why it would suddenly change when acting on behalf of a company.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    46. Re:I don't see what the big deal is by sumdumass · · Score: 1

      You do realize that no corporate veil protects the workers engaged in the criminal activity nor does it protect the management who ordered it to happen. In fact, the CEOs and the board can be trialled and imprisoned for illegal actions the company takes.

      Just because it protects an investor who doesn't have a say in the way the company is run doesn't mean what your attempting to claim it means. In fact, I will go even further and state that your a moron if you actually believe what you said.

    47. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      Maybe, if the gunmakers were called Murderbay... or RobberyWithADeadlyWeaponBay

    48. Re:I don't see what the big deal is by sumdumass · · Score: 3, Informative
      Who actually teaches you guys about corporations? I mean they should be hung up with a big dunce sign on them and publicly humiliated as the fool they are.

      He's railing against corporations, because they absolve people of all personal responsibility and liability. So, yes, he probably thinks you're a scumbag of sorts because you own a LLC. If you truly believe that you're not doing anything wrong, then you should have a sole proprietorship, and accept all the liability that goes along with that. If you're not doing anything wrong, why aren't you willing to risk your own personal fortune and home?
      First, A corporation does not in any ways absolve someone from their legal liability. It absolves someone from actions that they did not participate in though the corporation. If the owner/CEO or whoever kills someone either by pulling the trigger himself or ignoring laws and ordering people to do something that is unsafe, there is no protections for them. If an employee screws up and someone gets killed, there is. Do you see the big difference here? If by owning the company, something happens through the actions of others and through no fault of your own, you aren't implicated as guilt by association. That is a basic foundation of law that makes civilized countries better then other places where you kill the children of murderers as additional punishments. If by owning the company, you take any part in whatever results in the illegal action, then you will be held accountable. That's right, there is no protection. Now, if something is an accident, then it is treated just like an accident just as if your tire blew causing an accident that killed a person or if someone sat in your window frame and fell out killing himself.

      There are no protections to people who do things wrong because of a corporation.
    49. Re:I don't see what the big deal is by westlake · · Score: 2, Insightful
      We can also take comfort in knowing that the companies from whom the graphics were lifted probably keep the lion's share of the profit from game sales and the graphic artists make almost nothing, by comparison

      That almost nothing can amount to something:

      Results of a 2007 survey indicate that the average salary for a game artist is USD $66,594 annually. The least experienced artists (with less than 3 years experience) generally earn about $43,657, while artists with over six years experience on average earn $74,335. Art directors with over six years experience earn an average of $102,806 annually. Game Artist

      Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway

      The graphics are copyrighted. The EULA argument is bogus.

      "Information wants to be free."

      Information doesn't want to free any more than coal wants to be mined.

      You want coal, you must dig for coal or pay someone else to do the dirty and dangerous work for you.

      Information always comes a price.

      The movie or video game can be years in production and employ hundreds of exceptionally talented artists and craftsman. GTA 4 had a budget of $100 million dollars.

    50. Re:I don't see what the big deal is by sumdumass · · Score: 1

      Wow, that's a stretch, comparing the actions of indeviduals to an organization that doesn't condone illegal activity with one that does. HMM... Nope doesn't make any sense at all.

    51. Re:I don't see what the big deal is by JebusIsLord · · Score: 1

      I'm incorporated myself, but that doesn't mean I'm pro-corporation. It does make me a bit of a hypocrite, but when in Rome you really do have to do as the Romans. That doesn't mean I can't lobby against the idea.

      Anyhow, it seems to me that a corporation only really becomes pathologically out of control once it becomes publicly traded. Until then, you can still choose to make ethical decisions (even though there is no real benefit; see above). Once the board of directors is responsible to the shareholders, the corporation becomes a monster that only seeks to serve its shareholders. And shareholders by and large DON'T CARE HOW YOU MAKE THEM MONEY. Think about it; do you even know what companies your mutual funds invest in, let alone what they're up to? No, you don't. You just care that they keep increasing in value.

      The system is broken.

      --
      Jeremy
    52. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      That has to be one of the stupidest comments I've ever read.

      Go run your little LLC.

    53. Re:I don't see what the big deal is by ShieldW0lf · · Score: 1

      So, philosophical differences aside... is the game any good? Sucks that you won't be able to play it...

      --
      -1 Uncomfortable Truth
    54. Re:I don't see what the big deal is by linzeal · · Score: 1

      Because LLC prevents other evil things called lawyers and the American justice system from eating you alive.

    55. Re:I don't see what the big deal is by spun · · Score: 1

      You missed the point, which is that people get to invest in corporations without having to think about whether they are funding evil & oppressive institutions, because no matter what happens, they won't be held accountable.

      And that is why the myth that corporations, CEOs, and boards are all basically decent has to stand, even while the middle and lower class are getting fleeced like sheep. That is why people like you feel compelled to defend that myth. Because to face the truth is to face the fact that you are contributing to a system that creates oppression, unfairness, imbalance, and cr9iminal behavior.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    56. Re:I don't see what the big deal is by spun · · Score: 3, Interesting

      That is my point: the idea that the corporation will act ethically and with your best interest at heart is wrong, and people are being shielded from the consequences of that wrong assumption. Corporations are, for the most part, just mafia with better PR. Corruption built in to the system, no one feels personally responsible for any wrongdoing. And yet it keeps happening.

      What would happen to the stock market if the government started to go after corporate criminals with the same zeal it goes after minority street criminals?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    57. Re:I don't see what the big deal is by MadnessASAP · · Score: 1

      Watching the trailer I can tell you taht it won't be. Since they would probably try to put their best content in the trailer and given that the trailer is absolute shit I can tell you the game is as well. Anyways do you really think that any team that would plagerize this much would really put any effort in anywhere?

      --
      I may agree with what you say, but I will defend to the death your right to face the consequences of saying it.
    58. Re:I don't see what the big deal is by JLF65 · · Score: 1

      When you invest in a corporation, there is an assumption that the corporation will act ethically and with your best interests in mind. When a corporation does illegal things, it is often without the knowledge of investors and is often contrary to their interests.


      Wow, you haven't been to business school lately, have you? :)

      Businesses feel no need for ethics or your best interests. The only thing they believe they have to do is make the most money possible in the short term. It's what all the business schools have been teaching for the last forty years.
    59. Re:I don't see what the big deal is by jlarocco · · Score: 1

      While I personally don't believe myself to be doing any wrong, I simply don't trust the court system to render correct verdicts, and worse, it's simply too easy to be driven out of business by excessive litigation even if you're completely innocent due to our lack of "loser pays" laws, so it makes perfect sense to protect your assets by shielding yourself behind an LLC.

      Almost as important is that once you hire employees, you don't personally have to do anything wrong. While they're at work, the company is responsible for the employee's actions also. At least that's what the lawsuit will claim.

    60. Re:I don't see what the big deal is by MrNaz · · Score: 1

      Finding them when searched != those issues being published to a wide audience. When people's awareness is directed towards Britney Spears' daily adventures and away from real issues, then regardless what information is available to those who look, the political result is an apathetic public.

      --
      I hate printers.
    61. Re:I don't see what the big deal is by bigstrat2003 · · Score: 0, Troll
      Fscking trolls. Let's start:

      But, based on my understanding of several recent different but similar situations involving movies and music, we can all safely assume that those people would not have bought the game to begin with. No one with a lick of sense has ever claimed that for movies/music. You're probably confusing the sensible, substantially different, argument that NOT ALL pirates would have bought the original. No reasonable person claims that no one would have, just that it's probably more in the middle, not at the extreme the **AA wants you to believe.

      We can also take comfort in knowing that the companies from whom the graphics were lifted probably keep the lion's share of the profit from game sales and the graphic artists make almost nothing, by comparison. That doesn't make it right when people infringe the **AA's copyrights, and it doesn't make it right here.

      Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway so no one has any legal standing to complain about anything. Yeah, pretty sure that the GRAPHICS THEMSELVES are copyrighted, not just the game. Epic fail.

      This includes if he wants to make a mashup of the game's graphics and his own cool gaming idea and call it 'Limbo of the Lost'. Everyone here knows that fair use doesn't cover cases where a) you use a substantial portion of the original, and b) you barely add anything to the original content.

      So, you mindlessly flame, distort others' words far past their true meanings, and, in short, provide nothing except pure drivel. Classic troll. How this got modded insightful is beyond me, but I doubt it'll last. Of course, presumably you know that, since you're posting AC, and thus, are likely just not man enough to use your regular account.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    62. Re:I don't see what the big deal is by sumdumass · · Score: 1

      I think your missing the point. they are investing in corporations to make money. They have this belief that the corporate actions are both legal and ethical because if they weren't the company would be in legal trouble making it a bad investment.

      As an employer, if you tell me to drive down town and buy something to fix a machine, should you goto jail when I get high and have a wreck that kills someone? NO because your didn't take any actions to cause the accident. If you invest or even donate money to my company and I go postal and kill the competition, should you be up for murder charges? No because you did nothing to determine my actions. Companies aren't evil or breaking the law on purpose by default and advertising that they are do that. Sure someone can be buffaloed into thinking evil corp X id killing pupies and babies but chances are, those will not be people investing in them. And to tell the truth, even investors can be buffaloed into thinking a company isn't breaking a law.

      And no, I'm not defending it, I telling you that your crazy and insane if you think that a company willingly participates in illegal activity or that investors or owners are making them do it.

    63. Re:I don't see what the big deal is by bloodninja · · Score: 1

      The original creators of that stuff didn't lose anything, its all bits man. In any case, it's obviously just a coincidence. The keys are like right next to each other.
      --
      Lock the wife and the dog in the boot of the car.
      Return one hour later.
      Who's happy to see you?
    64. Re:I don't see what the big deal is by cliffski · · Score: 1

      I will, and I wont hide behind the nick anonymous coward slinging out random insults over the interweb for kicks.
      Grow up kiddy.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    65. Re:I don't see what the big deal is by wiggles · · Score: 3, Informative

      You are both right and wrong. The law in the US separates criminal and civil liabilities. If a company's actions wind up killing someone, as in the Board of Directors meets and decides to order a hit on a rival CEO, then people will go to jail, and no amount of corporate shielding will help. However, if the actions of a corporation cause damage, either inadvertently or through negligence, then only the corporation can be sued, not the board, and not the CEO. Say they use Chemical X for making baby nipples, and everyone thinks it's safe. Then somebody comes and sues because he his kids have turned into PowerPuff Girls and are trashing his house, the law says that the plaintiff can recover civil monetary damages only from the company, not from the employees or officers personally. Make sense?

    66. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      Yes indeed, corporations are "evil incarnate" or at least some equally offensive non-christian equivalent. How would you describe a device whose primary purpose is to evade responsibility for ones actions? In the US, if you happen to be a blue collar criminal who evades arrest, you'll get to spend extra years in prison just for the attempt.

      Sure, corporations are also about business but there are many businesses out there that are NOT corporations. Protection from liability is *not* necessary to conduct business.

      Yes, owning a LLC does indeed make you a scumbag. Now I understand the rationalizations that go into the decision to "go evil" and they make a lot of financial sense and everyone else is doing it. That doesn't make it right. The real reason you formed an LLC is to avoid responsibility for your actions. Now, you may not be one of the worst who use that absence of responsibility to do really evil stuff, but you're helping to legitimate the mechanism of abuse.

      That said, you're probably a decent enough person and all but you are still part of the problem rather than the solution.

    67. Re:I don't see what the big deal is by ShieldW0lf · · Score: 1

      If they weren't interested in putting in effort, they wouldn't have made a fully functional game with just a three man team. I don't consider this to be any worse than when Grand Theft Auto stole architectural designs from the various cities they modeled. They didn't design any of those buildings, now did they? What's the difference?

      --
      -1 Uncomfortable Truth
    68. Re:I don't see what the big deal is by Coward+the+Anonymous · · Score: 1

      Should be called 'Limbo of the Strikingly Familiar' or maybe just 'Deja vu' Deja vu is already taken. http://en.wikipedia.org/wiki/Deja_Vu_(video_game)

      I played the hell out of the NES version.
      --
      -- Jason
    69. Re:I don't see what the big deal is by mdwh2 · · Score: 1

      Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway so no one has any legal standing to complain about anything.

      No, that's copyright infringement. You are not allowed to redistribute copyrighted material by default - that's the law, and nothing to do with stupid EULAs.

    70. Re:I don't see what the big deal is by wattrlz · · Score: 1

      The difference is in the intent. Cities are public and meant to be so. Few architects intend their work to be unseen except by paying customers and those that do should take measures to that effect. Most games are meant to be viewed privately by the people who paid for the privilege (and whomever they choose to share it with) but not disassembled and resold piece by piece, which you're allowed to do with buildings.

    71. Re:I don't see what the big deal is by spun · · Score: 1

      Then I'm crazy and insane, because many companies do participate willingly in illegal and immoral behavior, spurred on by owners and investors who demand 'anything to make a buck, wink wink.'

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    72. Re:I don't see what the big deal is by Free+the+Cowards · · Score: 1

      I never said the public cared, only that the fact that these events make the news shows how rare they are.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    73. Re:I don't see what the big deal is by cliffski · · Score: 1

      holy crap. So I'm a fucking evil scumbag, whereas if I was, for example a debt collector who forced his way into poor peoples homes to take away their refrigerator, then I'd be a much better person, as long as I was self employed or a sole-proprietor.
      That's much nicer than being an LLC that entertains people with video games.

      I see it so clearly now. Capitalism is so evil. I'm off to north korea to bathe in the happiness of an alternate system.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    74. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      so what do you say to all those people who make a living creating and developing information??

      yes information wants to be free
      just like teenagers want to have sex

      just because something wants something doesnt mean it should do it.....er

    75. Re:I don't see what the big deal is by ShieldW0lf · · Score: 1

      Well, then they should hire a gang of thugs to be their enforcers instead of subverting the police and the courts to do it for them. If they want to keep their games private, they should bury them under a tree and make a treasure map, then burn the map. After all, it doesn't serve the public interest in any way whatsoever to lock those people up. Though, really, those who makes a business model of sending goons around to enforce their inflated sense of entitlement to control what the rest of us do are the ones who ought to be locked up...

      --
      -1 Uncomfortable Truth
    76. Re:I don't see what the big deal is by Jack9 · · Score: 1

      I agree with you on grounds other than anti-corporation (as that is not solid ground).

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    77. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      When did Timbaland get into making video games?

    78. Re:I don't see what the big deal is by drsquare · · Score: 1

      So, do you think the workers who made your car are as well compensated as they were, say, in the US back in the 60s? You know, when corporations still believed in decency? Now, almost all the extra value created in society goes to a few rich people, who's real income has skyrocketed while the real income of the middle class and poor has been stagnant for decades.
      I'm sorry, you're saying that the UAW car workers are underpaid? Compared to how much is made by equally semi/unskilled jobs such as fruit picking, burger-flipping and supermarket shelf-stacking, I can assure you that car factory workers are very very well compensated.

      Polluting is evil.
      Does that include the car workers who profit by making polluting machines?

      Decimating labor unions is evil.
      What if those unions conspire to abuse employment laws to artifically inflate the price of labour. As in, basically acting like the mafia to get their workers paid far more than they're worth. Consider the truckers who've recently been striking in the UK. They get paid the equivalent of way over $60k for driving tankers up and down motorways, a job for which there are 50 applications for every opening, a job that requires very little training, yet they're striking because they want a 14% payrise. How would it be evil to crush such a union, or to crush someone like Bob Crow?
    79. Re:I don't see what the big deal is by spun · · Score: 1

      I'm all for workers making more money, and parasites like management, CEOs, boards, and investors making much, much less. Just to make things more fair and reverse the trends of the last 30 years of the ruling class stealing all the wealth that the workers created.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    80. Re:I don't see what the big deal is by Jaysyn · · Score: 1

      There are ads on Pirate Bay? Must be my Firefox/Adblock colored glasses.

      --
      There is a war going on for your mind.
    81. Re:I don't see what the big deal is by sumdumass · · Score: 1

      What companies and when? And why your at it, define immoral because that is a subjective definition that will change from one place or person to another. I know people who think you being on the internet is immoral. Morality is generally prescribed by law so we are basically back to the law.

      And where is the investor telling the company to act that way. I want specific to back up your claim. Simply investing in a company doesn't mean there is an approval of any action that company takes.

      Your wanting it to be the way you think it is, you have resorted to imagining scenarios that have an imaginary link in order to happen. In the end, you are just crazy because it is all in your head.

    82. Re:I don't see what the big deal is by spun · · Score: 1

      I think that I have made my position clear. Diffusing responsibility is a bad thing, leading people to make choices they wouldn't ordinarily make if the responsibility was solely theirs.

      Agree or disagree?

      The limited liability corporate structure diffuses responsibility. Agree or disagree?

      I never claimed that investing in a company means you specifically approve of their actions. My point is, you don't have to. You don't even have to know what they are doing. You get to feel good about it, no matter what, and if they do something bad, you can claim it wasn't your fault, and this diffusion of responsibility leads to amoral behavior.

      Do you agree that people should take personal responsibility for their actions, and for the consequences of their actions, intended or unintended?

      If I accidentally kill someone, do I have a responsibility to their loved ones? If I invest in a company that deliberately decides to, say, not recall cars with faulty gas tanks because settling with the families of the dead is less expensive, how is that different from me accidentally killing them?

      It really sounds as though you don't feel people should be responsible for the consequences of their actions, and I find that reprehensible.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    83. Re:I don't see what the big deal is by sumdumass · · Score: 1

      You are both right and wrong. The law in the US separates criminal and civil liabilities. If a company's actions wind up killing someone, as in the Board of Directors meets and decides to order a hit on a rival CEO, then people will go to jail, and no amount of corporate shielding will help.
      Right...

      However, if the actions of a corporation cause damage, either inadvertently or through negligence, then only the corporation can be sued, not the board, and not the CEO.
      Right except your not including the position of that inadvertently and negligent action being intentional through the orders of someone in change. Lets say an employee notices a crack in a buckle holding a cable down and reported it to the management. Now let say this crack meant the a crane could fall or something. Now lets say that a CEO said don't worry about fixing it, get the job done. When something happens due to th failure of the cracked buckle, the CEO would have opened himself up to litigation just as the company would. Most CEOs and Board members don't make decisions like that so they aren't in that position. But the idea is to absolve then of actions they did not take. At anytime, civil or not, their actions cause the action, then they can be liable both criminally or civilly.

      Say they use Chemical X for making baby nipples, and everyone thinks it's safe. Then somebody comes and sues because he his kids have turned into PowerPuff Girls and are trashing his house, the law says that the plaintiff can recover civil monetary damages only from the company, not from the employees or officers personally. Make sense?
      Yea, and lets say that after chemical Y was in use in chemical X'ss place, the costs of Y skyrockets and the CEO or board decides to order the use of chemical X again. There might not be any law outlawing chemical X's use but they already know it causes problems. Now the board itself has opened itself up to liability for their specific part in the action.

      Like I said, the idea is not to punish someone for actions they weren't part of. If they take part in those actions, no corporate veil will protect them. But if you or I had no part in what someone around use does, then why should we be held liable legally to their actions. That is what some people are expecting. A guilt be association, "You were in the bank when it was robbed, your going to prison too." "But I didn't do anything." "You do business at that bank and so did the robber."

      Guilt by association is a stupid things.
    84. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      it makes sense, but that doesn't make it right. if someone at the company knew chemical X would cause powerpuffiness, then that person or persons should be held personally accountable for that decision.

      if no one knew or had reason to suspect there was a problem with chemical X, then the victims of chemical X should be (tragically) out of luck. accidents happen, and sometimes there is no one to blame.

      but if there IS someone to blame, then that PERSON should be blamed, not some inanimate entity that has been granted life by an act of government.

      if the corporation system was created to shield people from liability for accidents, then i think a better solution would be tort reform, to prevent innocent people, acting in good faith, from taking the fall for unforseen risks or unavoidable accidents during the course of their business.

    85. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      Yeah, in one version, a company steals from a company, the distributes it to thousands of people. In the other version, thousands of people steal from the company. I guess having no middleman is a difference. It's kinda the same difference, though.

    86. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      I for one don't see a single ad on TPB.

      So, am I stealing from the pirates now?

    87. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      You would have thought that superpower-inducing nipples would have been a good idea, too. To anyone concerned, I managed to settle out of court with EvilCorp, and the effects of the Chemical X are starting to wear off with no permanent damage to my children. Which is more than I can say for my home.

    88. Re:I don't see what the big deal is by sumdumass · · Score: 1

      I think that I have made my position clear. Diffusing responsibility is a bad thing, leading people to make choices they wouldn't ordinarily make if the responsibility was solely theirs.

      Agree or disagree?

      Disagree because of the wording and context. We are talking about corporations not exonerating someone from their actions. If a situation does diffuse responsability, it could be possible that someone would make a choice they wouldn't normally make. However, there is no, I repeat NO correlation that it would lead to someone making a reckless or unethical decision.

      The limited liability corporate structure diffuses responsibility. Agree or disagree?

      Disagree. An LLC or any other type of corporation simply creates a chain of control. It does not and will not diffuse any responsibility to the owners, CEO, board, managment, or any employee if they participate in the action. You seem to not be able to separate the deed from the company and the person(s) committing the deeds. If you hire someone to mow your lawn and they shoot your neighbor for complaining that he was mowing too early in the morning, hould you be held liable for that murder? Of course not unless your told the lawn keeper to kill the neighbor. But in the way your looking at it, if you don't take any action to cause the shooting, you would be held liable for it. That is just wrong and that is what a corporation and a LLC is intended to prevent.

      I never claimed that investing in a company means you specifically approve of their actions. My point is, you don't have to. You don't even have to know what they are doing. You get to feel good about it, no matter what, and if they do something bad, you can claim it wasn't your fault, and this diffusion of responsibility leads to amoral behavior.

      If you have no say in the action, then how does it lead to your amoral behavior? I mean seriously, If you, as your specifically put it, "You don't even have to know what they are doing." how are you responsible for their actions? Is it guilt by association? It is some corruption of blood scheme that says because your related on some way to the person who committed the crime, you are now guilty? We outlawed actions like that way back with the formation of the US. Most civilized countries have too. So tell me, if a person has no idea that a crime was committed, doesn't have any power to prevent it, how is that person amoral or implicated in that crime?

      Do you agree that people should take personal responsibility for their actions, and for the consequences of their actions, intended or unintended?

      Yes, I do agree. But so far you have presented scenarios where someone had no part in the actions. Would you agree that they shouldn't be punished for the actions of someone else? That seems to be what your advocating..

      If I accidentally kill someone, do I have a responsibility to their loved ones? If I invest in a company that deliberately decides to, say, not recall cars with faulty gas tanks because settling with the families of the dead is less expensive, how is that different from me accidentally killing them?

      If you kill someone yes. If you invest in a company that intentionaly kills someone, only if you knew of their intentions and it was a factor of your investment. Outside that, you have the right to believe that when people present you with business opertunities, those businesses will be operating within the confines of the law. Why, because it is unlawful to break a law, it is unlawful to kill someone. And how is that different from you accidentally killing someone, as an investor, where you informed that it would be cheaper to settle with families then fix the problems and given the option to make that decision? Were your informed of that before you invested or any anytime during your investment before the general public was a

    89. Re:I don't see what the big deal is by KagatoLNX · · Score: 1

      $50 per share. Of course, you'll have to buy a common lot, so that seemingly reasonable number becomes $5,000.

      I readily admit that $5,000 is not a huge sum of money, but I would be willing to bet that much less than the majority of people will have $5,000 lying around to make such an investment.

      Copyright existed originally because production of books was a large, capital-intensive project. It existed precisely to enable authors to publish without the threat of a large corporation denying them the profits of their work (which they couldn't realize on their own).

      So, Copyright exists precisely BECAUSE large Corporations screwed the individual. Now you are somehow claiming to legitimize further abuse by claiming that Corporations are somehow democratized because we can buy into them.

      Well, most of us can't buy in, those who can are only compensated in proportion to their wealth (hardly democratic), only public corporations are subject to your argument, and the existence of Copyright Law is a longstanding counter-argument to your claim that Corporations are not the abusive construct that we all know and love.

      Face it. Corporations not only divorce investors from responsibility, but they effectively shield the officers most of the time. Google "Moral Hazard", think a bit about how much control a minor shareholder really has, and see how long it takes for you to figure out that this system feeds immoral behavior on the part of corporations.

      In fact, this has historically been well accounted for. Corporations were always worth less than a corporeal person. There have been jurisdications and times when a Corporation couldn't even pursue a civil suit against a person. Decades of money, lobbying, and corruption (oh wait, all the same thing) have eroded it to what it is today.

      --
      I think Mauve has the most RAM. --PHB (Dilbert Comic)
    90. Re:I don't see what the big deal is by maglor_83 · · Score: 1

      Even if it were free, there'd be quite a furor if it was GPL'd code that was used.

    91. Re:I don't see what the big deal is by sumdumass · · Score: 1

      I wish you wouldn't have posted AC.. That was a very accurate depiction of the situation with the small exception of sometimes even when no one knew, the company still pays out.

      There is nothing inherently evil about that. Going after people who didn't take part in the actions would be just as egregious as going after the relatives of a criminal when they had no part in the crime. That is almost what these "Corporations are evil because someone who didn't take part in the action didn't get in trouble" people are asking for. It is a sad thing in my book.

    92. Re:I don't see what the big deal is by wiggles · · Score: 1

      not including the position of that inadvertently and negligent action being intentional through the orders of someone in change.

      The problem inherent to your post here is that if it is merely inadvertent or negligent, then it can't be malicious. If you can prove malice, then you do indeed have a criminal case against the party or parties at the corp, and no corporate shielding is available to them.

      I'll agree with the rest of your post, though...

    93. Re:I don't see what the big deal is by Draek · · Score: 1

      But, based on my understanding of several recent different but similar situations involving movies and music, we can all safely assume that those people would not have bought the game to begin with.

      True.

      We can also take comfort in knowing that the companies from whom the graphics were lifted probably keep the lion's share of the profit from game sales and the graphic artists make almost nothing, by comparison.

      Buying a copy of a game off-the-shelf doesn't give you the right to use it's graphics for your own project, and a lost license for the game engine is, I imagine, a much bigger deal percentage-wise than a lost sale of the original game.

      Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway so no one has any legal standing to complain about anything. This includes if he wants to make a mashup of the game's graphics and his own cool gaming idea and call it 'Limbo of the Lost'.

      True. In fact, plenty of people already do that but making videos instead of games. It's called YouTube.

      And furthermore copyright law has been subverted by corporate interests and is just a shadow of what the found fathers wanted it to be. Copyright is OUR rights not theirs it makes sure WE get the copyrightable content but it has been changed around to give CORPORATIONS all the control. Do I want DRM on my hard drive so I can play a game but keep me from taking screenshots? No! I'll never install Vista. If this was available in WINE I would play it but it isn't. I don't even run NDISWRAPPER!

      Also true, but making an unauthorized derivative work of a work less than 14 years old, and then using it for commercial purposes is the exact situation that copyright was meant to prevent when it was created. Plus there's that thing with calling it your own, original work when it isn't, which is an issue completely separate from copyright and it's ilk.

      So, in conclusion, no. I don't think anyone has stolen anything. Information wants to be free.

      Exactly, copyright infringement != theft for anyone with an IQ over 10.

      The problem here, morally, is the fact that they ripped off recent stuff for commercial purposes, and then claimed it was an original work, and as such, they completely deserve the copyright infringement lawsuit that's soon to follow. But other than the fact that stupid lawmakers have expanded the definition for this crime to criminalize it too, this has nothing to do with downloading MP3s of the Beatles from the internet, so your parody, while fun, doesn't really have a point.

      --
      No problem is insoluble in all conceivable circumstances.
    94. Re:I don't see what the big deal is by sumdumass · · Score: 1

      I think we are in agreement throughout the post. Your rebuttal to my point was supposed to of been the overall theme of my post with the exception that I wasn't just limiting it to criminal law. Civil law in the same circumstances will follow a person past any corporate veil too. It isn't like a corp will absolve your from your own actions like many people are attempting to claim.

      Evidently, I created confusion with the wording of my post but I think that was fine because I don't think I could have stated it as bluntly and precisely as you put it. Thanks for pointing that out.

    95. Re:I don't see what the big deal is by Anonymous Coward · · Score: 0

      I wish you wouldn't have posted AC.. sorry

      That was a very accurate depiction of the situation with the small exception of sometimes even when no one knew, the company still pays out. and that's the problem. people feel entitled to be compensated for accidents. they use the legal system to extract this compensation.

      people should not be able to win damages for something that was an accident, but they do, and the "solution" to that problem was to create a fictional entity that somehow has "rights" and can be granted "privileges".

      that was the wrong solution. the correct solution would have been to say "sorry folks, i know your dad's car exploded, but it was an accident and no one knew that might happen, and you can not sue anyone for it."

  3. ... and I call redundancy on that title. by wattrlz · · Score: 1

    To add insult to injury.

    1. Re:... and I call redundancy on that title. by Yvanhoe · · Score: 2, Funny

      Insult to injury to parody, which is flattery. Or isn't ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    2. Re:... and I call redundancy on that title. by Oktober+Sunset · · Score: 1

      No, the games is all about seeing how low you can go while you can't find your way home.

  4. From Wikipedia by kellyb9 · · Score: 3, Informative

    On June 11, 2008 GamePlasma, a gaming news site, posted an article showing certain places in Limbo of the Lost were identical to the game The Elder Scrolls IV: Oblivion.[7] After the revelation, others looking into the game discovered environments and features that appeared to be taken from the games The Elder Scrolls III: Morrowind, Unreal Tournament 2004, Unreal Tournament 2003, Diablo II, Thief: The Dark Project, Thief: Deadly Shadows, a CryENGINE2 Tech Demo, Silent Hill 4: The Room[citation needed], Return to Castle Wolfenstein, Painkiller, Vampire: The Masquerade - Bloodlines, The Lord of the Rings: The Battle for Middle-earth, Hexen and World of Warcraft.[8][9] Other scenes appear to be taken from live action films: one from the 1997 film Spawn, another from Pirates of the Caribbean: Curse of the Black Pearl and several more from Pirates of the Caribbean: At World's End. [10][11] and level design from enclave[citation needed]. The game also contains footage from Sea Dogs[12][13] Wow... at least they have decent taste in games.
    1. Re:From Wikipedia by ILuvRamen · · Score: 0

      the movie thing is just a ridiculous coincidence. Obviously they couldn't turn a movie into a digital environment without making it from scratch. But they obviously stole Oblivion areas verbatim. I mean they didn't even move any objects! But the question is, why would they take the time to extract so many 3D models and environments and skins from that many games? It'd be faster to just steal a bunch of Oblivion areas and that's it. Don't most of the games listed above all use different 3D technology? It seems like an awful lot of work to convert them all! They could have just started from scratch instead. And the best question of all...who the hell did they think wouldn't recognize cloud ruler temple?! You have to stop there like 10 times on the main quest in Oblivion!

      --
      Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    2. Re:From Wikipedia by Anonymous Coward · · Score: 0

      I believe the quote you're looking for is: ZModeler

      Or at least as I understand it it allows doing that for a huge number of different model formats (Was looking for Car mods for NFS a while back and the name popped up.)

    3. Re:From Wikipedia by aurasdoom · · Score: 4, Informative

      Actually the game images are static. They are not 3D models, they are screenshots.

    4. Re:From Wikipedia by Anonymous Coward · · Score: 0

      Yeah I dont see the problem actually ;)

      I mean, one way to create a great game is by taking the good parts from other games and put them into one new game, right :)

  5. Screenshots by Lord+Lode · · Score: 5, Informative

    It's all screenshots from Oblivion, Thief 3, Unreal Tournament series, Diablo, and other games. Limbo Of The Lost doesn't render those things in 3D but uses it as background image for the adventure game. Really lame that the developers of that game thought they were going to get away with it. I wonder what was going on there, they couldn't find a graphics artist to draw the backgrounds so they just photoshopped screenshots from other games together. Still a bit of a shame for the (if there were any) good points of the game, that are now gone down together with the whole game due to this plagiarism.

    1. Re:Screenshots by hansamurai · · Score: 1

      Hey, maybe they were just placeholders until they got around to hiring artists, and then forgot. Happens all the time, man!

    2. Re:Screenshots by Anonymous Coward · · Score: 0

      Limbo Of The Lost doesn't render those things in 3D but uses it as background image for the adventure game.

      Anyone played this? Looks like he's going up the stairs of that HelmzDeep castle ripped from Angelh@rt.

      While we're at it, how many of these rips are from commercial games and how many from fan-expansions like that one? Not that it's less slimy, but moreso, since guys like Angelh@rt won't have an in-house legal department, and there probably won't be any money left in Majestic to sue for after the big studios are done with them.

      And does anyone know just Who and Where Majestic Studios is now? Their current wiki entry is strictly historic. Let's fix that.
      http://en.wikipedia.org/wiki/Majestic_Studios
    3. Re:Screenshots by king-manic · · Score: 1

      Still a bit of a shame for the (if there were any) good points of the game, that are now gone down together with the whole game due to this plagiarism.

      According to gamefaqs forum, no. There wasn't any redeeming quality in the game itself. Hack kneed plot, bad voice acting, wintermute game engine, stock 3d characters (I mean literally), lame puzzles.

      It's shovel ware with it's only claim to fame is the copy right infringement. The producers of this dreck were 3 extremely amateur game developers.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    4. Re:Screenshots by prockcore · · Score: 2, Informative

      Hack kneed plot


      Man your spellchecker did a number on that one! Hackneyed.
    5. Re:Screenshots by Darinbob · · Score: 1

      Ah, the static backdrop makes sense. At first I thought they were just programmers who didn't have the artistic ability to create models/textures. But if they just took screenshots and made them the background... I would have just used the Oblivion game editor and tweaked the look.

    6. Re:Screenshots by DrVomact · · Score: 2, Funny

      Man your spellchecker did a number on that one! Hackneyed.

      Really? I'd assumed he meant the game involved hacking people off at the knees. "We are the knights who say 'Nih'"...

      --
      Great men are almost always bad men--Lord Acton's Corollary
  6. Sad by Trojan35 · · Score: 1

    You have a game idea you've put (some) hard work into since the Atari days. You finally get it released.... And since you cheated, all people will ever remember is that you're crooks and your game is a fraud.

    I feel sorry for the people who worked hard on the game and had no idea someone was doing this.

    1. Re:Sad by Abcd1234 · · Score: 2, Insightful

      Bah, there's no way the devs didn't know this was going on... they had to test their own stuff some time, so unless the assets got changed right at ship time, I suspect they were fully aware.

    2. Re:Sad by Bashae · · Score: 1

      If they're all retro gamers, they may never have played any of these games. I only played two or three of them myself. If I hadn't played Oblivion (and played the game before reading about this on Slashdot), I might not have noticed.

    3. Re:Sad by Anonymous Coward · · Score: 0

      > You have a game idea you've put (some) hard work into since the Atari days.

      Hard work? Maybe with photoshop. The game is a point and click affair over static images from other sources without even an attempt to make them coherent or up to date.

      Bet you anything their sound assets are all ripped off too.

      The hard work was in pulling off this scam. Majestic is getting what it deserves.

    4. Re:Sad by Anonymous Coward · · Score: 5, Informative

      There are no 'Devs'. This was done by 3 con-men who apparently met a pub. If you dig though some of the links and other forums about this mess you can get more of the pathetic details.

      They used an out-of-the-box-create-your-own-2.5D-adventure software and just imported in screenshots from other games. I don't think any of them know a lick about coding whatsoever.

      It's amazing that these guys got published when some real independent shops with real talent can't get anything going.

    5. Re:Sad by sesshomaru · · Score: 1
      I was just playing Vampire: The Masquerade: Bloodlines, last night. I decided to go for it and attack Pisha instead of going on her lucrative quests.

      Needless to say, the results were... ahem... interesting. After loading my saved game I decided to wait before trying it again.

      It's currently available on Steam for anyone who missed it the first time, $20 well spent. (I forget what I paid for it... but it's given me years of entertainment, that's for sure.)

      --
      "MIT betrayed all of its basic principles."
    6. Re:Sad by SBacks · · Score: 1

      Wouldn't you wonder why there are all the little graphics of a map, compass, weapon and health bars are? I can see not immediately knowing that these graphics are stolen, but wouldn't these make you at least question your "artists"?

    7. Re:Sad by TheLostSamurai · · Score: 4, Informative

      As an example, I am a Game Programmer that doesn't play video games, I just don't have time. I just bought a PlayStation 3 last week for the blu-ray, and it is the first gaming machine I've owned since the SNES.

      I'm not saying the developers weren't in on it, I'm just saying the artists at my company could rip off the most famous games ever made and I probably wouldn't know about it.

      --
      I am Jack's complete lack of surprise.
    8. Re:Sad by Fweeky · · Score: 1

      Does the Steam version work with the unofficial patches?

    9. Re:Sad by PitaBred · · Score: 2, Insightful

      Amazing? The publishers just looked and said "Oohh, pretty!". They don't know the games. Independent developers who do it the right way have a harder time because it actually does take a lot of work and time to get good artwork in a game, even a simple 2.5D adventure software based game.

    10. Re:Sad by king-manic · · Score: 1

      Just to bring you up to date:

      It's a shovel ware 2D adventure game that used screenshots from other games back backgrounds, items, menu's etc... The main programming was done by posing all the thing they needed done on the wintermute forums and having the community do it for them. The story is dreck and I put more effort into making breakfast on then they did making the game.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    11. Re:Sad by PhxBlue · · Score: 1

      I'm not saying the developers weren't in on it, I'm just saying the artists at my company could rip off the most famous games ever made and I probably wouldn't know about it.
      Sir, I'm going to have to revoke your SlashDot license.
      --
      !#@%*)anks for hanging up the phone, dear.
    12. Re:Sad by ludomancer · · Score: 4, Informative

      The trick was that they completed the game before seeking a publisher. If you seek out a publisher with a completed product, chances are you will find a deal there. The reason more developers don't do this is because the operating costs of funding the development of a game are so high. Not many people can fund a number of full-time employees out of their own pocket for the duration of a games construction.
      These guys didn't have to worry about operating costs because they stole all their art assets and used a free-ware engine.

    13. Re:Sad by Schnoodledorfer · · Score: 1

      I'm afraid it looks as if they might have been ripping stuff off already back then, too.

      The lead developer did the graphics and knew what he was up to. Steve Bovis had had 404 posts on the forum for the game development software he used where he made it fairly clear what he was trying to do.

      --
      Knowledge is the small part of ignorance that we arrange and classify. (Ambrose Bierce)
    14. Re:Sad by ProppaT · · Score: 1

      I think the saddest thing is the fact that it will be remembered for plagiarism and not all the other WTF moments in the game, such as having a character named "Cranny Faggot." Seriously, what the hell was that guy thinking? You can't make that stuff up. Wow...just, wow...

      --
      Wise men say, "Forgiveness is divine, but never pay full price for late pizza."
    15. Re:Sad by TheLostSamurai · · Score: 1

      Sir, I'm going to have to revoke your SlashDot license. *cowers head in shame*
      --
      I am Jack's complete lack of surprise.
    16. Re:Sad by Anonymous Coward · · Score: 0

      Hey friend, load up YDL on that PS3 and save all the SNES roms you can find!

      It may be dishonest, a bit, but at least you get the original idea of the game, as opposed to this Limbo of the Lost Ethics game.

    17. Re:Sad by Anonymous Coward · · Score: 0

      Given it was just the three of them and they've been at it for well over 10 years, it's pretty unlikely it was a rogue artist.

      People have gravedug previews/scans of the game from around 1995 and matched the backgrounds they used then to earlier games. These guys are just conmen - even the story and name of the game is pillaged from a novel. The fact they've done a runner and deleted their geocities (lol) site tells it all really.

      If it was a mistake, you think they'd be grovelling right about now.

    18. Re:Sad by steveo777 · · Score: 1
      In the poor guy's defense. He is "The LOST Samurai". Maybe we should cut him a little slack. As a plea bargain maybe he could play some MGS4 and some sort of probation.

      Now if he was the "Found" or "Located" samurai I'd be right there with the document shredder.

      --
      This sig isn't original enough, it's time to come up with something witty...
  7. Oblivion by strength_of_10_men · · Score: 3, Funny

    Looks just like Oblivion
    Except much shittier... Oh... and YES, I quoted myself!
  8. I just lost the game by pacroon · · Score: 0, Offtopic

    I just lost the game :(

    --
    It's all fun & games until someone loses the game.
    1. Re:I just lost the game by ohtani · · Score: 1

      How is this "off topic"? Jeez mods need to look harder. Come on. "Limbo of the lost" Game. This is very on topic.

      --
      Pancakes. Oh I blew it.
  9. Wow, that is impressive by TibbonZero · · Score: 1

    I mean... did they somehow convert/import the assets, or did someone just sit there trying intentionally to make something exact.

    I do wonder if these are a few 'rare' points in the game, or a larger overall theme. Maybe some intern/rookie screwed up and copied too much when the boss said, "Make something like this"

    --
    Tibbon
    tibbon.com
    1. Re:Wow, that is impressive by BradleyUffner · · Score: 1

      My understanding is that the game takes place on static backgrounds. Basicly they loaded thief, took a screenshot of the game when looking in the library, and used the entire screenshot as the background for the adventure game screen. They didn't directly rip the levels and textures to have the same 3d world. This is just what I've heard in other discussions, I haven't actually seen any videos, jsut screenshots, so I can't really tell if the world is static art.

    2. Re:Wow, that is impressive by Hrodvitnir · · Score: 1

      The backgrounds in Limbo of the Lost are all static images. They took screenshots from the games and pasted them into their own.

      --
      "There are more important things than stopping terrorism. Upholding the Constitution is one of them." - Ars Forumer.
    3. Re:Wow, that is impressive by joe_bruin · · Score: 0

      This is very obviously an import script. There is no reason you'd waste time trying to create an exact replica of something when a close approximation will do just as well. If you discount the rendering engine's abilities (theirs is obviously lousy), you'll notice that the textures are exactly the same and the locations are laid out identically.

      I suspect the case here is this: you have a bunch of guys with coding talent enough to make some rendering engine work (most likely one they 'borrowed'), but no talent/money/desire to get artists to create levels. They figured they could avoid the work by just importing levels directly from other sources and make a game on the cheap.

    4. Re:Wow, that is impressive by UnknowingFool · · Score: 1

      Well others have pointed out the originals used 3D models. Limbo uses the images as backgrounds. If you look at the screenshots, the originals have much more depth and texture. For some things like the copying of Diablo II's inventory screen, there was no original 3D model so a good Photoshop job would be sufficient.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Wow, that is impressive by Anonymous Coward · · Score: 0

      or a little .mpq hacking to extract the 2d images...

    6. Re:Wow, that is impressive by amnezick · · Score: 0

      boss: let's make something with themes from current games but with different plot.

      n00b: yes, boss. now, where did i put that cd with hypersnap? i guess i'll get it from good ol' *oid. yes yes. and the plot will be: "guess the game for the next level". brilliant


      --
      mov ax,4c00h
      int 21h
  10. If you steal from one or two it's plagiarism by symbolset · · Score: 5, Funny

    Three or more, it's research.

    --
    Help stamp out iliturcy.
    1. Re:If you steal from one or two it's plagiarism by Colonel+Korn · · Score: 2, Informative

      If you steal from one or two it's plagiarism

      Three or more, it's research.

      Legitimate research differs from your implication in that sources are given credit through citations.

      --
      "I zero-index my hamsters" - Willtor (147206)
    2. Re:If you steal from one or two it's plagiarism by morgan_greywolf · · Score: 4, Funny

      Does anybody have this game? Maybe they have a "References" screen!

    3. Re:If you steal from one or two it's plagiarism by qualidafial · · Score: 1

      If you steal from one or two it's plagiarism

      Three or more, it's research.

      Legitimate research differs from your implication in that sources are given credit through citations. Whhhhhhoooooooooooosh!
    4. Re:If you steal from one or two it's plagiarism by MajikJon · · Score: 1

      Thanks to you, the great Lobachevsky, Hai!

    5. Re:If you steal from one or two it's plagiarism by H0p313ss · · Score: 1, Informative

      I have a friend in Minsk,
      Who has a friend in Pinsk,
      Whose friend in Omsk
      Has friend in Tomsk
      With friend in Akmolinsk.
      His friend in Alexandrovsk
      Has friend in Petropavlovsk,
      Whose friend somehow
      Is solving now
      The problem in Dnepropetrovsk.

      And when his work is done -
      Haha! - begins the fun.
      From Dnepropetrovsk
      To Petropavlovsk,
      By way of Iliysk,
      And Novorossiysk,
      To Alexandrovsk to Akmolinsk
      To Tomsk to Omsk
      To Pinsk to Minsk
      To me the news will run,
      Yes, to me the news will run!

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    6. Re:If you steal from one or two it's plagiarism by Anonymous Coward · · Score: 1, Funny

      Man1: Why did the chicken cross the road? Man2: I don't know, why? Man1: To get to the other side. Man2: They should have kept them in some kind of isolated environment. Chickens are known to wonder in search of food and it is entirely likely that, assuming there was a road nearby, the chicken might be motivated to cross the road, unaware of the inherent dangers, in search of sustenance. Such situations can be easily prevented. Man1: ...

    7. Re:If you steal from one or two it's plagiarism by Anonymous Coward · · Score: 0

      Whoooooooosh! (BTW who modded this informative???)

  11. It isn't "borrowing"... by chill · · Score: 4, Interesting

    ...it is sampling, just like in the music industry.

    For example, listen to the opening sequence of Queen's Under Pressure featuring David Bowie. Then, after having your stomach pumped as a precaution, the opening bits of Vanilla Ice's Ice, Ice Baby.

    For the Google impaired, here is a YouTube link doing a comparison.

    Just equate Limbo of the Lost with Ice, Ice Baby and you will understand. Of course, that would mean Majestic Studios is really Vanilla Ice...

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:It isn't "borrowing"... by AioKits · · Score: 4, Funny

      I dunno... It would require listening to Vanilla Ice... Is it okay if I just take your word for it?

      --
      "Quote me as saying I was mis-quoted." -Groucho Marx
    2. Re:It isn't "borrowing"... by AllIGotWasThisNick · · Score: 5, Informative

      For example... You are aware that Vanilla Ice reached an out-of-court settlement with the copyright holders of "Under Pressure" for using the material?
    3. Re:It isn't "borrowing"... by LandDolphin · · Score: 3, Informative

      Not quite the same, and your example is bad

      First off.. Vanilla Ice did not sample. He changed the 8th note, so therefore it was "original".. This was not listed as "sampling"

      Now, for someone who does sample, a lot, P Ditty (Puff Daddy, Sean Combs, Whatever).

      He does sample a lot. But, he pays the copyright holder for the rights to sample that music.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    4. Re:It isn't "borrowing"... by Anonymous Coward · · Score: 0


        Sampling in the music industry is also illegal if you do not ask/pay first. MC Hammer got caught on this when he "borrowed" from the song Super Freak and had to pay the bill.

    5. Re:It isn't "borrowing"... by morgan_greywolf · · Score: 1

      Of course, that would mean Majestic Studios is really Vanilla Ice...
      *brain explodes*
    6. Re:It isn't "borrowing"... by PawNtheSandman · · Score: 1

      The "ting" in the middle makes it completely different. 2 totally separate songs.

    7. Re:It isn't "borrowing"... by Altus · · Score: 3, Insightful


      I dont believe that is a sample. Samples are when you take the actual audio of one song and take a bit of it and use it in your song. In the case of Ice, Ice Baby the riff was ripped off and re recorded.

      This is important because the labels own the recordings of the songs but the artists own the songs themselves. You have to pay the artist if you re-record their song, you don't have to pay the artist if you sample a recording.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    8. Re:It isn't "borrowing"... by PoliTech · · Score: 1, Interesting

      ...it is sampling, just like in the music industry. I would have to second this opinion. Given that the Backgrounds are evidentally static screenies, then I don't see a lot of difference between this, music mix CDs and/or video mashup.

      Heck, I use the background images from Bejeweled as wallpaper. Does that make me an IP infringer? If I give the wallpaper to the guy in the next office am I then a pirate?

      This is simple Fair use IMHO, although they should give credit to the sources.

    9. Re:It isn't "borrowing"... by pandrijeczko · · Score: 2, Interesting

      I always find it amusing that someone who steals samples from another song to put into his own song then gets some big black bloke to talk gibberish over it as loudly as possible, presumably to try to hide the fact that it's been stolen.

      --
      Gentoo Linux - another day, another USE flag.
    10. Re:It isn't "borrowing"... by GroeFaZ · · Score: 1

      From the wiki entry for Under Pressure:

      Rapper Vanilla Ice sampled this song without permission for his biggest hit, the commercially successful "Ice Ice Baby". His response to criticism relied upon the addition of one note not present in the original.

      Sampling as I understand it requries permission of the rights holders and/or a significant change of the original material.

      As far as I can tell, Majestic has done neither. They have taken bits and pieces (and bytes and chunks) from other games, thrown it together with original art of their own, and hoped nobody would notice. In the short run, they have saved themselves work hours probably into the hundreds, which they, by the way, should have used to make their game look less like something from 10 years ago. They have not changed the "sampled" content in any notable way, unless you count "making it look worse" as such a change. If this was some non-commercial fan project, it would be another thing in my book. As it is, they should be in for a world of legal hurt.

      Kudos however for Majestic's display of balls by "sampling" a Disney movie (Pirates of the Carribean), I'm sure Disney will take it like sportsmen, considering their past track record.

      --
      The grass is always greener on the other side of the light cone.
    11. Re:It isn't "borrowing"... by chill · · Score: 1

      Van Winkle's success also brought legal and personal problems. "Ice Ice Baby" sampled the 1982 Queen and David Bowie collaboration "Under Pressure" without permission, acknowledging credit, or paying royalties. There was no public court case over the issue, but the copyright holders of "Under Pressure" considered a lawsuit and settled out of court with Van Winkle for an undisclosed sum. Van Winkle recalled in 2008, "What happened is I was trying not to get sued and it didn't work. So yeah, they're the same songs, in case you were wondering."

      http://en.wikipedia.org/wiki/Vanilla_Ice#Mainstream_success_and_failure_.281990-1991.29

      --
      Learning HOW to think is more important than learning WHAT to think.
    12. Re:It isn't "borrowing"... by HexRei · · Score: 1

      There is a legal difference between taking a screenshot for wallpaper for personal use and making an entire game out of nothing but screenshots of other people's games and then selling said game.

      As for the analogy between this and a mashup, I see your point, although usually if you are a DJ who wants to sell his mashup on a scale larger than small-time local you can expect lawsuits if you don't license the tracks first. There are court rulings about how much of a track can be legally sampled.

      It's not like this game developer made this game and then just passed it out for free to a few of his friends, or showed it on a projector at a local performance hall. He intended to market it as an original work on an international scale without giving credit to the authors.

    13. Re:It isn't "borrowing"... by Sigma+7 · · Score: 1

      Heck, I use the background images from Bejeweled as wallpaper. Does that make me an IP infringer? Are you claiming you invented or created the wallpaper taken from Bejewelled?

      This is simple Fair use IMHO, although they should give credit to the sources. Fair use isn't an absolute defence, especially when you do it for commercial gain and give the impression that you created the assets yourself.
    14. Re:It isn't "borrowing"... by SBacks · · Score: 1

      I would have to second this opinion. Given that the Backgrounds are evidentally static screenies, then I don't see a lot of difference between this, music mix CDs and/or video mashup. There isn't a big difference. But, when you sell a mix CD, you have to pay all of the artists for the rights to sell their song.

      Heck, I use the background images from Bejeweled as wallpaper. Does that make me an IP infringer? If I give the wallpaper to the guy in the next office am I then a pirate? If you were selling a pack of wallpaper that was simply images from Bejeweled, then yes, you are violating their IP rights.

    15. Re:It isn't "borrowing"... by LandDolphin · · Score: 1

      His official position was that the 8th note was not the same, so they were two different peices of music. Settling out of court is not the same as being proven guilty.

      A couple of days after the success of "To The Extreme", many people noticed that the bass line of "Ice Ice Baby" was very similar to that of "Under Pressure" by Queen and David Bowie, and they thought that Ice ripped the line off. He tried to explain that they were different by adding one note in his version. No one was convinced, and Queen and Bowie sued. Ice then released "Extremely Live", which contained music from one of his concerts. It sold 500,000 copies and reached Gold status.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    16. Re:It isn't "borrowing"... by LandDolphin · · Score: 1

      Sorry,

      Woute was from IMDB: http://www.imdb.com/name/nm0406678/bio

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    17. Re:It isn't "borrowing"... by DragonWriter · · Score: 1

      Heck, I use the background images from Bejeweled as wallpaper. Does that make me an IP infringer?


      Using an asset from a game you have purchased outside of the game is not infringement, except perhaps if it is prohibited by a somehow-valid rather-restrictive license, which is unlikely.

      If I give the wallpaper to the guy in the next office am I then a pirate?


      Well, "pirate" isn't a technical term, but, yes, redistributing copyright-protected material without permission of the copyright holder is an infringement, and this doesn't seem anywhere near any of the exceptions (fair use, etc.)

      This is simple Fair use IMHO


      Commercial use of others copyright-protected work outside of an educational or scientific context and without any apparent attempt to provide commentary seems pretty far outside of "fair use", given the considerations defined in law as determining "fair use". Fair use, as a legal exception to copyright, isn't just "use in any way that seems fair to someone".

    18. Re:It isn't "borrowing"... by chill · · Score: 1

      Success != Being Right

      I know what he claimed. He was full of shit. He took their riff, added one note and claimed it "original". He was relying on legal semantics unique to the music industry for a definition of "original". To me "original" means he would have started from scratch and wrote his own music, not modified someone else's.

      Even you use the phrase "adding one note", meaning he TOOK THE ORIGINAL and modified it. A derivative work in any other industry.

      Anyway, my entire original post was supposed to be sarcasm. My point was this type of stuff goes on all the time, it is just these guys with the game were overly sloppy in making their derivative works "original" -- like Ice.

      --
      Learning HOW to think is more important than learning WHAT to think.
    19. Re:It isn't "borrowing"... by LandDolphin · · Score: 1

      Guess I was stuck on the fact that he did not officially sample the song, as you claim in your first post. Because people in the music industry that do sample, pay for the right to do so.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    20. Re:It isn't "borrowing"... by poot_rootbeer · · Score: 1

      You are aware that Vanilla Ice reached an out-of-court settlement with the copyright holders of "Under Pressure" for using the material?

      And that for the better part of 20 years now, most commercially-released music that contains samples of other music has gone through a clearance process such that lawsuits related to unlicensed sampling are quite rare these days?

      'Sampling' is legal because the original creators are compensated fairly for their work. That does not appear to be the case with "Limbo of the Lost".

      (Or, for that matter, the original sidescroller Duke Nukem games, which 'sampled' graphic resources liberally from other PC games...)

    21. Re:It isn't "borrowing"... by pandrijeczko · · Score: 2, Insightful
      Erm, I don't like rap music, end of story.

      Probably because I'm not of African or Jamaican descent, I can't relate to the content because it's folk music.

      Being of Ukrainian descent, I can relate to Ukrainian folk music played on accordians and mandolins. I doubt many people of African or Jamaican descent would get that either. So does that make them racist?

      I do get Jimi Hendrix, Albert King, BB King, Robert Johnson, Elmore James, Otis Redding, Aretha Franklin and quite a few other black artists who get my utmost admiration for being the root influence of British rock music from the likes of the Beatles and Led Zeppelin.

      Plus it wasn't me that used the "N" word while cowering behind an AC posting.

      Other than that, I have no need to justify anything else to you - so kindly bugger off.

      --
      Gentoo Linux - another day, another USE flag.
    22. Re:It isn't "borrowing"... by PoliTech · · Score: 1
      I agree that a derivative work should always credit its source material. I think current IP law is entirely lopsided, and classifying this as "IP Infringement" seems to be more of the same overkill on the part of Copyright holders.

      IIRC Most Mix CDs are "pirate" copies, and the studios historically looked the other way because the mixes have decent marketing value (i.e. free advertising). It's only in the last few years that I can remember studios taking action against DJs selling music mix CDs. I know quite a few DJs and don't remember any of them paying anyone for licensing. When DJs perform live the club owner is obligated to pay the performance fees.

      Would proper accreditation of the sources have made this games borrowed material and assets OK?

    23. Re:It isn't "borrowing"... by Eil · · Score: 3, Funny

      And just like that, you've gotten that insipid song stuck in the heads of thousands of slashdotters.

      I hope you're happy.

    24. Re:It isn't "borrowing"... by poot_rootbeer · · Score: 1

      Even you use the phrase "adding one note", meaning he TOOK THE ORIGINAL and modified it. A derivative work in any other industry.

      Make no mistake, this was a derivative work in the music industry as well.

      If Queen's publishers had taken the issue to court, and Van Winkle offered the defense that one extra repetition of an 8th note made the music substantially dissimilar, he would have lost, and probably been found liable for more in damaged than he paid in the out-of-court settlement.

    25. Re:It isn't "borrowing"... by poot_rootbeer · · Score: 1

      This is simple Fair use IMHO

      You consider appropriating and redistributing a creative work for profit to be "simple Fair use"?

    26. Re:It isn't "borrowing"... by PoliTech · · Score: 1
      I agree that the developer here was leaning more to the "black hat" side of this grey area, and should have credited the screenshots, but derivative works require some source of derivation do they not?

      Maybe calling this "Fair Use" is stretching usage rights and derivative work a bit, but the same can be said of calling this "plagiarism" as it also stretches the point just a bit beyond credulity. (especially if all we are talking about are screenshots)

      Royalties, licensing fees and corporate secrecy make creating derivative works too expensive for many artists.

      The notion of intellectual property now extends well beyond its historical origins and the laws governing IP are being wielded like a sledgehammer. The more draconian the IP law and the more random the enforcement of that law, the more you will see scofflaws who just don't care about IP one way or another.

    27. Re:It isn't "borrowing"... by prockcore · · Score: 1

      Here's an example of sampling

      And I think we can all agree that no one should ever do that again.

    28. Re:It isn't "borrowing"... by AllIGotWasThisNick · · Score: 1

      (Score:5, Interesting)

      Whoosh! Really? The punchline obviously needed a little explaining to some. ;)
    29. Re:It isn't "borrowing"... by PoliTech · · Score: 1

      Yes I do. As long as you credit the author and freely share the source code. Does GPLv3 ring any bells?

    30. Re:It isn't "borrowing"... by pandrijeczko · · Score: 2
      I'm not even a rap fan and I appear to know a lot more than you do about it.

      Because from what I understand, rap deals with the frustrations of black people, tries to send messages out about using less guns, etc. Even at that level, and I'm no expert, it's conveying a social message - that makes it a form of folk music whether you agree or disagree.

      you're ignorant to relegate it to black people

      Erm, with all respect, any white person I've ever heard performing rap music (e.g. Eminem) appears to make every possible effort to emulate sounding like a black rapper. So how does that work then?

      while insinuating that their view of the world is any less valid than yours.

      Oh, don't talk crap! PLEASE! My view of black music is that rap artists pay LESS homage to their own BLUES & SOUL roots than thousands of white artists do worldwide. Go find an interview with guitarists like Eric Clapton & Jimmy Page and you will find that they quote their main influences as black blues guitarists like Buddy Guy, John Lee Hooker and most of the others I listed in the previous posting.

      I don't slander them for being different.

      Can I ask why you actually post on Slashdot? Because any post made by anyone will contain some kind of opinion, which, by your logic, is automatically slanderous.

      So how does "I think rap music is crap" fall under the definition of "words falsely spoken that damage the reputation of another"? Pray tell, I'm all ears...

      --
      Gentoo Linux - another day, another USE flag.
    31. Re:It isn't "borrowing"... by DragonWriter · · Score: 1

      I agree that the developer here was leaning more to the "black hat" side of this grey area, and should have credited the screenshots, but derivative works require some source of derivation do they not?


      A derivative work without permission is also a copyright violation. To legally create a derivative work of a copyright protected work, you must get permission from the copyright holder.

      Maybe calling this "Fair Use" is stretching usage rights and derivative work a bit


      Its stretching "fair use" beyond recognition; also creating "derivative work" isn't a right the public has, it is one of the exclusive rights protected by copyright.

      but the same can be said of calling this "plagiarism" as it also stretches the point just a bit beyond credulity.


      Well, no. Passing off other people's work as your own is plagiarism, irrespective of whether it is also a copyright violation. If credit was given, it might not be plagiarism, but it would still be a copyright violation if permission hadn't been secured. There is nothing stretched about calling this plagiarism or copyright violation.

      Royalties, licensing fees and corporate secrecy make creating derivative works too expensive for many artists.


      Yes, they do. So what?

      The notion of intellectual property now extends well beyond its historical origins and the laws governing IP are being wielded like a sledgehammer.


      To the extent that's true, its completely irrelevant to this case; the copyright violations at issue are not recent creations (which would make the "historical origins" part relevant), nor is anyone suggesting they should be subject to any punishments for such violations that would not have been applied before any recent upswing in IP enforcement (which would make your "like a sledgehammer" bit relevant.)
    32. Re:It isn't "borrowing"... by GaryPatterson · · Score: 1

      A big difference is that authors can choose to GPL their work, or not, and that choice must be honoured in people's use of their creation.

      It's not fair use to pull images from a bunch of games and sell them as your own. Even if the images were correctly credited, selling other people's work has to be okayed by those people, else it's plagiarism.

      I'm pretty sure I can't pick up any GPL project, stick a pretty UI on the front, call it my work entirely an sell it as a packaged, standalone product. Well, I *can* but I'd get sued for it, which is fair enough. GPL advocates talk about code redistribution and attribution, which is their right as creators of works. We can't just erase the rights of the creators when it suits us.

    33. Re:It isn't "borrowing"... by Anonymous Coward · · Score: 0

      Has it ever entered your mind that no one actually gives a shit that you don't like a certain kind of music?

      Really. Has it?

    34. Re:It isn't "borrowing"... by pandrijeczko · · Score: 1
      Incidentally, here's some interesting questions for you:

      If you consider me racist because I made the statement that "Rap is crap" then it can only be because you consider that I am attacking the cultural importance of rap music, rather than my simply just voicing my personal opinion of rap music.

      So if rap music does have such cultural importance because it deals with black social issues, then why is black blues and soul music that also deals with social issues like black slavery and racism, from a music recording perspective, dates from somewhere around the 1920s to the present day, completely ignored by black rap artists as an influence? White musicians like Eric Clapton, Jimmy Page, Stevie Ray Vaughan and (the idiot) George Michael have worked alongside the likes of BB King, Albert King and Aretha Franklin. How many rap artists have done the same?

      And if rap music is so culturally important, then how come rap musicians have themselves allowed rap music to be diluted into a fashion accessory? Because, particularly in the US, there are a lot of young, white, middle-class youths listening to rap music but those same youths, like me, cannot have any possible understanding of black social issues and can therefore only be listening to it because it's fashionable to do so.

      Let's be under no illusions here. The rap movement probably DID start out as a way for a social underclass to speak out about its problems in precisely the same way that punk music did in the mid to late 70s. But as we all know, any social messages in punk music got diluted and lost because the poor, working class punk musicians suddenly became too fat and too rich to care anymore. Punk music became a promotion tool for punk fashion and Dr Marten's boots in the same way that rap has become a promotion tool for rap fashion and Nike.

      80 years on and both black and white musicians are still playing the songs of Robert Johnson - if they're still playing those of Snoop Dogg in 2088, then maybe I'll consider eating my words then.

      --
      Gentoo Linux - another day, another USE flag.
    35. Re:It isn't "borrowing"... by pandrijeczko · · Score: 1
      Well the guy who responded to me obviously does.

      You, on the other hand, can bog off.

      --
      Gentoo Linux - another day, another USE flag.
    36. Re:It isn't "borrowing"... by PoliTech · · Score: 1
      "I'm pretty sure I can't pick up any GPL project, stick a pretty UI on the front, call it my work entirely an sell it as a packaged, standalone product."

      I beg to differ. If that were true there would be no need for sites like gpl-violations.org.

      You "Shouldn't" but you certainly "Can" and if your team of attorneys is big enough, you will get away with it.

    37. Re:It isn't "borrowing"... by pandrijeczko · · Score: 1
      Um, I guess you're discounting rap from countries such as France, Portugal, Spain, Mexico, And even your precious motherland, the Ukraine.

      And just how much guitar-based folk or rock music from those countries have you listened to? It works both ways.

      It's not about the struggles of black life, it's about life's struggles in general.

      Oh right. So there's a rap song that deals with my struggles of paying my taxes and trying to workout more down the gym, is there?

      I really am not trying to trivialize black problems but, in all honesty, they're of no interest to me in much the same way of how I'm going to pay my mortgage is of no interest to them. I try and do my bits for charity, I don't consider black people anything other than my equal and can't remember the last time I thought about the colour of a person's skin in any work or social engagement where I've been involved with other people.

      Furthermore, black rap artists pay MORE homage to their African roots by using musical styles based upon tribal music, which is something all people have in common, having all originated from tribal backgrounds.

      Try listening to some of the music of Peter Gabriel some time - or maybe something by Paul Simon if you want African tribal influences. Or I can thoroughly recommend a Jamaican all-black band called Orange Sky who produced one amazingly good and innovative album that mixed reggae with hard rock. It's not JUST rap music that draws on "tribal influences".

      Me:2 You:0.

      Yeah, fine, whatever. You scored more points, therefore you must be more right than I am. And there was me thinking this was turning into an intelligent conversation rather than a competition.

      Let's leave it at that. Seeya.

      --
      Gentoo Linux - another day, another USE flag.
    38. Re:It isn't "borrowing"... by Anonymous Coward · · Score: 0

      I don't know if you've be subject to the horrors of the new Kid Rock song "All Summer Long" He takes the piano riff from Warren Zevon's - Werewolve's of London and the guitar, backup vocals and keyboard were taken from Skynard's Sweet Home Alabama. In the end it hits your ears like a knife, and I don't mean a metaphorical one, this song will make you bleed out of your ears.

      At least Vanilla Ice had the decency to change a note or two. And let's not forget if your music is being compared negatively to the stylings of Vanilla Ice (see above) you are doing it wrong.

      Kid Rock's - All Summer Long

      Warren Zevon's - Werewolves of London

      Lynyrd Skynyrd - Sweet Home Alabama

      As a pasty guy in parachute pants and pimpin' "Crashing Wave" hairdo once said.

      YO! It's the green machine -- Gonna rock the town without bein' seen
      Have you ever seen a turtle Get Down? -- Slammin' and Jammin' to the new swing sound
      Yeah, everybody let's move -- Vanilla is here with the new Jack Groove
      Gonna rock, and roll the place -- With the power of the ninja turtle bass
      Iceman, ya know I'm not playin' -- Devistate the show while the turtles are
      sayin:

      Chorus:
      Ninja, Ninja, RAP! Ninja, Ninja, RAP! Ninja, Ninja, RAP!
      GO GO GO GO
      Go Ninja, Go Ninja, GO; Go Ninja, Go ninja, GO!
      Go Ninja, Go Ninja. GO; Go Ninja, Go ninja, GO!
      GO GO GO GO

    39. Re:It isn't "borrowing"... by Henry+Pate · · Score: 1

      Accidentally posted this as anonymous the first time. Surely now the karma will roll in. I don't know if you've be subject to the horrors of the new Kid Rock song "All Summer Long" He takes the piano riff from Warren Zevon's - Werewolve's of London and the guitar, backup vocals and keyboard were taken from Skynard's Sweet Home Alabama. In the end it hits your ears like a knife, and I don't mean a metaphorical one, this song will make you bleed out of your ears. At least Vanilla Ice had the decency to change a note or two. And let's not forget if your music is being compared negatively to the stylings of Vanilla Ice (see above) you are doing it wrong. Kid Rock's - All Summer Long [youtube.com] Warren Zevon's - Werewolves of London [youtube.com] Lynyrd Skynyrd - Sweet Home Alabama [youtube.com] As a pasty guy in parachute pants and pimpin' "Crashing Wave" hairdo once said. YO! It's the green machine -- Gonna rock the town without bein' seen Have you ever seen a turtle Get Down? -- Slammin' and Jammin' to the new swing sound Yeah, everybody let's move -- Vanilla is here with the new Jack Groove Gonna rock, and roll the place -- With the power of the ninja turtle bass Iceman, ya know I'm not playin' -- Devistate the show while the turtles are sayin: Chorus: Ninja, Ninja, RAP! Ninja, Ninja, RAP! Ninja, Ninja, RAP! GO GO GO GO Go Ninja, Go Ninja, GO; Go Ninja, Go ninja, GO! Go Ninja, Go Ninja. GO; Go Ninja, Go ninja, GO! GO GO GO GO

      --
      Si Hoc Legere Scis Nimium Eruditionis Habes
    40. Re:It isn't "borrowing"... by chill · · Score: 1

      The main difference is Kid Rock acknowledged what he did and paid the fees in advance, whereas Mr. Ice tried to claim his riff was original and had to be threatened with a lawsuit to pay. Kid's stuff was by design. Ice's was in denial.

      There isn't anything wrong with building upon the work of others, as long as it is properly acknowledged.

      --
      Learning HOW to think is more important than learning WHAT to think.
    41. Re:It isn't "borrowing"... by The+Ultimate+Fartkno · · Score: 1

      Not to pile on here, but he absolutely *did* sample the "Under Pressure" riff. Go to Youtube and listen for yourself and you'll see that there is absolutely no difference between the two loops.

      The only thing that he "changed" was to stutter the beginning of the loop on an off beat. I don't know if you're a musician, so I'll explain a little further.

      Both songs are written in 4/4 time, which means 4 equally spaced beats to each measure (bar). Those beats can be broken down further into faster notes. You can do this yourself by counting along with each bar in eighth notes. Starting on the downbeat, count "1-2-3-4-5-6-7-8-1-2-3-4..." etc. Every time you say "1" you should be at the beginning of a new bar. Now do the same thing while listening to "Under Pressure." The Queen starts on 1 and ends on 7. Now listen to "Ice Ice Baby." What do you hear this time? Instead of "1-2-3-4-5-6-7-8-1" you hear "1-2-3-4-5-6-7-1-1"

      That's it.

      That's all he changed.

      The sample is the exact same, it's just that in alternate bars they start it on the "8," stop it, and immediately start it again on the "1." He was either lying or really believed that that was enough of a change to be legal, but in either case he was quite wrong. In his defense, this was in the early days of sampling where it really hadn't been tested in court, so saying "people who sample... pay for the right" didn't really apply at the time. It's more accurate to say that "people who sample *these days* pay for the right." Back then, that wasn't always the case.

    42. Re:It isn't "borrowing"... by The+Ultimate+Fartkno · · Score: 1

      This is important because the labels own the recordings of the songs but the artists own the songs themselves. You have to pay the artist if you re-record their song, you don't have to pay the artist if you sample a recording. You're confusing a few things.

      Most, not all labels own the recordings. (Very few exceptions, however.)
      Most, not all artists own the songs.

      If you re-record the song you have to pay a percentage to whoever owns the song rights.
      If you sample a song you have to pay a percentage to the owner of the actual recording.
      If you perform cover songs live, someone (usually the venue owner) is liable for performance rights clearances.
      If a bar or other venue plays recorded music (no human performers,) then they're liable for mechanical rights.

      I know, I know. It's quite complicated.

      http://en.wikipedia.org/wiki/Royalties#Music_Royalties
    43. Re:It isn't "borrowing"... by poot_rootbeer · · Score: 1

      As long as you credit the author and freely share the source code.

      Which they didn't do.

      Does GPLv3 ring any bells?

      That's a copyLEFT license. It's at best tangentially related to the copyright issue currently being discussed.

    44. Re:It isn't "borrowing"... by PoliTech · · Score: 1
      Humming a tune on a YouTube video is a "copyright violation", as is sharing of recorded music, Movies etc. The all encompassing IP laws protecting such content are regularly scoffed at by internet users worldwide.

      As for "Derivative Use", I would guess that there are already some attorneys (charging by the hour) to hammer out whether or not the IP holders have a claim and whether or not such a claim depends on abstraction/subtraction of the work and if the screenshots are even "protected content" to begin with. But I don't want to get into the minutia of IP law here as IANAL and I have been trying to make a different point. (However poorly)

      What is relevant to me in this case is that this developer is evidently blatantly scoffing at copyright, IP, Plagiarism, etc. and expects to suffer minimal to no harm because of it. Just like so many others, (including multinational corporations) who incorporate others IP into their products and never pay a dime of licensing, or assign any credit for the work whatsoever . . . until they get caught, and even then they fight it tooth and nail. (Sony's - BluRay Laser tech springs to mind)

      If it's ok for the big guys to scoff at these laws when it suits them, why is it not ok for the smaller player to simply ignore IP or just plagiarize others work just as blatantly? There is little or no risk of any real harm coming to them, and then only if they get caught. Even if they are brought to court, and have to pay the licensing or a punitive damage amount, as long as the books are in the black it's still all good.

      At some point IP law (and its requisite minutia) becomes entirely irrelevant in the real world. I think we are quickly reaching that point, and thus I really don't see the harm in this any more than I see the harm in Humming a tune on a YouTube video, a programmer borrowing a script or code snippet and using it in his work, a college student sharing mp3s, or a commenter who cuts and pastes text from a website into his comment.

      Whether this is good or bad for society in the long run remains to be seen.

    45. Re:It isn't "borrowing"... by DragonWriter · · Score: 1

      If it's ok for the big guys to scoff at these laws when it suits them,

      Its not, so there is no reason to even consider what comes after this premise.

    46. Re:It isn't "borrowing"... by PoliTech · · Score: 1
      You seem, at this point, to be simply parsing my words here for the sake of argument, but I'll bite.

      Legally speaking IP infringement is not "OK".

      In practice ... it's another story entirely.

  12. The worst part is ... by wylderide · · Score: 5, Funny

    ... The scene where the protagonist is leaping over barrels thrown by a large orangutan. It's a dead giveaway.

    --
    This is the best restaurant I ever eat in
    1. Re:The worst part is ... by martin_henry · · Score: 1

      Protagonist leaping over orangutang-thrown barrels is now a slashdot meme...

      --
      www.purevolume.com/martyd
    2. Re:The worst part is ... by wylderide · · Score: 1

      Curses! -- Meme'd again!

      --
      This is the best restaurant I ever eat in
    3. Re:The worst part is ... by gstoddart · · Score: 1

      Protagonist leaping over orangutang-thrown barrels is now a slashdot meme...

      I for one welcome our new barrel-jumping, protagonist overlords.

      In other news, a large orangutan has escaped from the zoo. :-P

      Cheers
      --
      Lost at C:>. Found at C.
    4. Re:The worst part is ... by Oktober+Sunset · · Score: 2, Informative

      Gorrilla actually ;)

    5. Re:The worst part is ... by wylderide · · Score: 1

      That would, of course, be the joke. Their thing is "similar" to the point where it can't be merely co-incidental, but not identical.

      --
      This is the best restaurant I ever eat in
    6. Re:The worst part is ... by martin_henry · · Score: 1

      You've got it backwards....those zealous kong-sympathizing mods won't rate me "Funny."

      --
      www.purevolume.com/martyd
    7. Re:The worst part is ... by Anonymous Coward · · Score: 0

      Gorrilla actually ;)

      Not that it matters, but there are a barrel-throwing orangoutans in Donkey Kong Country...

    8. Re:The worst part is ... by Oktober+Sunset · · Score: 1

      No, it is identical, did you not see the pictures?

  13. I'd love to know... by Xest · · Score: 1

    What level of idiocy is required for people to think they can somehow get away with this type of thing without anyone noticing or caring.

    I simply can't comprehend the thoughts that must've gone through the developer's minds when they decided this was okay.

    1. Re:I'd love to know... by Joe+the+Lesser · · Score: 1

      It was probably something along the lines of:

      "Got to get this room done by midnight or I'm fired."

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    2. Re:I'd love to know... by Joe+the+Lesser · · Score: 1

      Scratch what I said. It was just made by 3 English bar buddies.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    3. Re:I'd love to know... by king-manic · · Score: 1

      It was probably something along the lines of:

      "Got to get this room done by midnight or I'm fired."


      It was a hobby project from 3 rather old men who didn't know how to code or do much.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
  14. Might not be as bad as it seems by InspectorGadget · · Score: 0

    My first knee-jerk reaction was the same as everyone else - this is a blatant rip-off of several game's graphics. However, if as is reported this is a point and click adventure, and it is just set with screenshots from other games as the backdrops, there may not be a copyright or even plagiarism issue. Screenshots would not require the 3D data to be copied out of the source games.
    After all, Resistance: Fall of Man had that scene set in Manchester Cathedral - and the Cathedral couldn't exactly claim copyright on the design! You'd get the same problem with any game set in front of/in a real place. So this is almost an about face of that concept.
    So controversial - probably. Free publicity - definitely. Illegal - probably not!

    1. Re:Might not be as bad as it seems by ledow · · Score: 2, Informative

      Er... even a screenshot of copyrighted material is still copyright. Copyright does not mean "bit for bit copies of the original data". It covers the whole work in all forms and interpretations. Hence why the museums and art galleries can charge you for prints of artwork - it's still under copyright, even if you're only buying a photo of a work of art.

      And some places HAVE claimed copyright of landmarks - the Eiffel Tower is one. That's a bit more dubious, though. However, pressing PrintScreen and adding some skulls does not make for an original piece, in the same way as me photocopying your book and changing the main character from Harry Potter to Terry Petter doesn't.

      It's either original art, created by YOU, or it's taken from somewhere else. If it's taken from somewhere else, it's a potential copyright violation if you don't have permission.

    2. Re:Might not be as bad as it seems by mollymoo · · Score: 2, Informative

      The Eiffel Tower is not covered by copyright. For a start, it's too old. However, night-time shots of the Eiffel Tower which include the modern lighting display are covered by copyright - the lighting display is the work covered.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    3. Re:Might not be as bad as it seems by ScentCone · · Score: 1

      Read up on derivative works.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:Might not be as bad as it seems by Anonymous+Cowpat · · Score: 2, Insightful

      Museums and art galleries can charge you for a print because they created a new work when they photographed or scanned the original. I have several photographs of paintings taken in the Hermitage, I took the photographs, so the copyright is mine. The Hermitage don't in any sense, and never did, own the copyright on my photos. I didn't need their permission to take photographs of the works (I may need their permission ot have a camera with me in the museum if I don't want to be thrown out when they see me holding one). But once the works enter the public domain, you can't legally stop people making copies (you can use other legal means to attempt to prevent them from making copies, but they wouldn't be infringing any right of yours if they somehow made the copies anyway).

      (ok, I'm surmising about the state of copyight law in the Russian Federation, but if the Hermitage were in the UK, that would be the situation)
      Just to recap.
      (assume that the painting is old enough to be in the public domain)
      A photograph or scan of it would constitute a new work with it's own copyright term, assigned to whoever made the photograph or scan.
      I hold the copyright if I take a photograph
      The gallery would have no specific right to stop me photographing the painting (that is, they could ban cameras, and require me to leave if they saw me with one, but would have no recourse to have me destroy an image that I did make) nor would such an image be infringing their copyright (because their copyright is on the prints that they sell, not the original).

      Or, at least, that's what i understood the situation to be when I read about it several years ago.

      --
      FGD 135
    5. Re:Might not be as bad as it seems by ledow · · Score: 1

      The key point of your comment is "(assume that the painting is old enough to be in the public domain)". That's my point here - the game's screenshots in question are OBVIOUSLY not in the public domain - they are screenshots of copyright artworks (the games) which are not in the public domain and whose use is not covered by any fair use or (presumably) licensing agreement.

      For art STILL UNDER COPYRIGHT, this is the same situation. Yes, the Mona Lisa's copyright may have expired by now but most "modern" art (as in recent, not style) is still copyright the artist - Matisse artworks, for example, were heavily protected when I was last in a gallery (I don't know what the UK copyright period is offhand) - they didn't even have images of them on their own computer database just a "Sorry, still under copyright" notice.

      Thus any photographs of "recent" artworks are therefore copies... which you can't do under copyright without permission. Even the museums/galleries themselves can't put images of such works on their websites (except in fair-use situations of limited resolution etc.) without permission.

      Art, books, it's all the same. You can no more walk into a library and take photographs of every page of an in-copyright book than you can take photographs of in-copyright artworks (exceptions such as fair use etc. exist but have many clauses such as the percentage of the original work you use and what for etc.). And you *certainly* can't distribute those same photos and you *definitely* cannot sell them for profit (which is what has been done with this software's artwork).

      "Museums and art galleries can charge you for a print because they created a new work when they photographed or scanned the original."

      Yes. With the original copyright-holders permission. Or on expired-copyright (therefore public-domain) images. For instance, Beatrix Potter illustrations are too old to be covered by copyright (in some countries) and thus the originals you can do what you want with. The "new prints" of the books you can't (at least, not without Frederick Warne's permission...)

      However, you can't copy and distribute the latest John Grisham without permission/licensing without getting sued.

      "I have several photographs of paintings taken in the Hermitage, I took the photographs, so the copyright is mine."

      Unfortunately, the copyright of the painting in the first place may well not have been yours. If the picture was old (and therefore out-of-copyright), then yes, the copyright on the photograph is yours. If not, your photograph is actually nothing more than a copyright infringement unless the use of the original image was incidental (i.e. a photo of you standing in a gallery with it behind you).

      "The Hermitage don't in any sense, and never did, own the copyright on my photos."

      No. And they probably don't own the copyright on the original artworks either. But the artist (or their agent) probably still do if it's a *recent* artwork.

      "I didn't need their permission to take photographs of the works."

      No. You need the copyright holder's permission. Who probably won't be the gallery itself. This is why they don't allow photographs in most galleries/museums that are showing ANY recent works.

      "But once the works enter the public domain, you can't legally stop people making copies"

      Correct. But that's not what we're talking about here. The screenshots of the games contain copyright artwork which are not in the public domain, neither are they fair use, or any of the other exceptions allowed for copyright (in the UK there are limited provisions for educational use, for example, which allow quite a lot of copyright material to be copied to a greater extent if it's to be used within a classroom environment).

      The Eiffel Tower example was always rubbish anyway - I'm not sure that you can claim copyright on a public display (because fireworks display people would try to cash in, basically) and neither were a lot of people involved. But from wha

  15. Hard work, though... by Notquitecajun · · Score: 4, Insightful

    Heh, that's some of the hardest work I've seen gone into plagiarism. That is, outside of academia and Hollywood and politicians where everyone pretty much copies everyone else...

    1. Re:Hard work, though... by elmartinos · · Score: 1

      Copy from one, it's plagiarism; copy from many, it's research.

    2. Re:Hard work, though... by jonaskoelker · · Score: 1

      Heh, that's some of the hardest labor I've seen go into plagiarism. That is, outside of academia, the movie industry, politics and web forums where pretty much everyone copies everyone else...

    3. Re:Hard work, though... by RyuuzakiTetsuya · · Score: 1

      Academia and Hollywood atleast put in the effort to put the tracing paper over the original and trace.

      --
      Non impediti ratione cogitationus.
    4. Re:Hard work, though... by Notquitecajun · · Score: 1

      No they don't. They have grad assistants to do that.

    5. Re:Hard work, though... by Anonymous Coward · · Score: 1, Informative

      Not really. They used the Wintermute engine which could import the images and then mark off the areas for clicking on. Wintermute is a freeware application engine with no licensing costs associated (this is not open source)

      Pretty much take a screenshot and use it, it was that easy.

  16. Infinite Monkey Theorem by Gettinglucky · · Score: 0

    They must have a lot of monkeys to end up with the same thing!

  17. Holy Crap by g0bshiTe · · Score: 1

    You know one room, surely could be similar with a developer having played one of those other titles and been inspired even subconsiously while building. No way in hell you could claim that as anything near original work.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  18. The next step by Kingston · · Score: 4, Funny

    What they need to do now is spend all the money they saved on the artwork on a really good lawyer. One that can stand up in court and say "A layman might think he sees a superficial resemblance" while keeping a straight face.

    1. Re:The next step by mgblst · · Score: 1

      They will have to go with the chewbacca defence, the only thing that could help them.

    2. Re:The next step by ozbird · · Score: 1

      "Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca resembles an eight-foot tall hairy creature in 'Limbo of the Lost'. Now think about it; that does not make sense!' (With apologies to South Park.)

    3. Re:The next step by Anonymous Coward · · Score: 0

      What they need to do now is spend all the money they saved on the artwork on a really good lawyer. One that can stand up in court and say "A layman might think he sees a superficial resemblance" while keeping a straight face. They can always call the OJ dream Team, the living ones at least. Sadly the most important member has since died. They might have stood a chance with Johnny Cochran standing in front of the jury saying, "if it looks like shit you must acquit"!
    4. Re:The next step by Alsee · · Score: 3, Funny

      while keeping a straight face.

      Excuse me, why does this itemized legal bill include a $600 listing for a cosmetic surgery clinic?

      It's a legitimate business expense. Your case required a double dose of Botox.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:The next step by Kazoo+the+Clown · · Score: 1

      Seems to me they could just claim that they were taken by the "artist" they bought the images from, and OBTW, that they just found out the address the guy said he lived at is a vacant lot. They were victims of plagiarism too, weren't they?

  19. Doesn't mention by malkavian · · Score: 1

    What DRM it uses to keep it from being copied...

    1. Re:Doesn't mention by The+Ultimate+Fartkno · · Score: 1

      A unique CD-key for each game.

      And by "unique CD-key," I mean "a serial number, unchanged on any copy of the game, that isn't really a serial number at all but just a key that lets the installer continue."

      Not making that up.

  20. plagiarism? nah by Anonymous Coward · · Score: 0

    all those games clearly plagiarised from their game which has clearly been in development nearly as long as duke nukem forever,

  21. Instant legend by Xelios · · Score: 1

    The company may go bankrupt because of this, but the game will probably become an internet legend. Surely this'll be a collectors item, get your copy from bittorrent today!

    --
    Murphey's fighting Occam, and we're in the stands.
    1. Re:Instant legend by MightyMartian · · Score: 4, Funny

      Antiques Road Show - 2085 AD

      Expert: I say, that's a jolly good thing, a shrink-wrapped copy of the infamous "Limbo of the Lost" game!

      Owner: Why? Is it famous?

      Expert: Well, you see, the creators of the game (and I use the term "creator" generously here) basically stolen static screen shots from a number of other games, and using a crappy adventure game generator, produced this wonder, which they actually managed to get published and distributed.

      Owner: So how much is it worth?

      Expert: A top-notch undamaged shrink wrapped copy like this would go at auction for at least three million dollars!

      Owner: Wow! I mean wow wow wow!

      Expert: Indeed...

      Owner: So what about this shrink-wrapped copy of The Elder Scrolls IV: Oblivion?

      Expert: I'll give you twelve bucks.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Instant legend by Anonymous Coward · · Score: 0

      Already going for $76 on eBay... http://tinyurl.com/4kz34r

  22. nope, it is that bad by thermian · · Score: 2, Insightful

    The main point is that they used the material and lied, saying they'd created it themselves, that's a whole different issue from fair use.

    It may be illegal anyway, since they used the images to make a product for resale without permission. If you plan to use an image from a game for commercial product you must, at the very least, cite your sources.

    I have a number of game development books that rely heavily in in game shots from many current titles, and they are *all* cited correctly.

    Even when you aren't selling the end product it's impolite not to do so.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  23. Limbo of the Lost Graphics by thewils · · Score: 4, Funny

    It's about an adventurer who wanders from game to game to solve the mystery of the plagiarised graphics.

    --
    Once I was a four stone apology. Now I am two separate gorillas.
    1. Re:Limbo of the Lost Graphics by The_Rook · · Score: 1

      cool! it's like getting ten games in one!

      --
      when religion is no longer the opiate of the masses, governments will resort to real opiates.
    2. Re:Limbo of the Lost Graphics by I'm+not+really+here · · Score: 1

      Yeah, but if it actually was a game about going through other games they might have gotten away with it... might actually be a cool game concept :-P

      --
      Before commenting on the Bible, please read it first
  24. Interview with the designers by Xelios · · Score: 4, Funny
    --
    Murphey's fighting Occam, and we're in the stands.
    1. Re:Interview with the designers by Anonymous Coward · · Score: 0

      If, by "doing this full time" you mean "serving time in prison because you lost a multi-million dollar lawsuit and failed to pay" then yeah, I think you're on track to make that happen.

    2. Re:Interview with the designers by MadMidnightBomber · · Score: 1

      ... but if things go badly, we could end up in prison, married to the guy with the most cigarettes.

      --
      "It doesn't cost enough, and it makes too much sense."
    3. Re:Interview with the designers by tehcyder · · Score: 1

      but if things go badly, we could end up in prison, married to the guy with the most cigarettes.
      Frankly, they look like they're the ones with the most cigarettes...
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    4. Re:Interview with the designers by Anonymous Coward · · Score: 0

      Keep the daily jobs you'll need them for your lawyer fees...

    5. Re:Interview with the designers by chronoblip · · Score: 1
      "It is a sort of comedy come horror. A bit like Monty Python meets Evil Dead."

      Wait, wasn't that Shaun of the Dead? They didn't even have original ideas, let alone an original game.

      On another note, I am thinking of writing a movie series. First movie has a tough cop who must maneuver through an office building to go after terrorists who are trying to steal money. I am thinking of calling it "Fatal Roughness", to reflect the tone of scenes like one with broken glass and the hero has no shoes. I haven't yet come up with any complete ideas for the other ones, but I am pretty sure that I can just re-apply the same theme in different genre's.

      Like, "Fatal Roughness" at an airport, and "Fatal Roughness" across a whole city. I think it will be a landmark film series. Anyone want to produce?

      --
      People trying to fulfill the "Great Commission" are missing the point. The point is to love others, and people aren't do
  25. Bits from interview with the game creators by Anonymous Coward · · Score: 5, Informative

    "everything was re-written from the ground up, everything apart from the initial concept and some character design ...and the rest is history."

    "The project is more influenced by film and literature rather than other games, we want the experience to be as original as possible and as such we have made a calculated effort to keep away from other games in the genre."

    "All of the game (apart from initial background story and some character designs) had to be re-written, all the characters had to be created in 3D and animated, all the background scenes re-created, all the sounds, coding and music?..basically everything had to be redone or newly created for the PC version. This is not an old game that has been dressed up. This is the original concept, dusted off and re-created."

    Also, the game has been in production for 10 years and rewritten few times. I think these guys deserve a "Hard core audacity" award...

    Full Article

  26. Satirically speaking... by Rei · · Score: 3, Funny

    But, based on my understanding of several recent different but similar situations involving movies and music, we can all safely assume that those people would not have bought the game to begin with.

    We can also take comfort in knowing that the companies from whom the graphics were lifted probably keep the lion's share of the profit from game sales and the graphic artists make almost nothing, by comparison.

    Also, if the guy at 'Limbo of the Lost' bought the game it is his to do with what he wishes because he didn't agree to any stupid 'don't lift graphics' clause and shrinkwrap licenses have never been proven in court anyway so no one has any legal standing to complain about anything. This includes if he wants to make a mashup of the game's graphics and his own cool gaming idea and call it 'Limbo of the Lost'.

    And furthermore copyright law has been subverted by corporate interests and is just a shadow of what the found fathers wanted it to be. Copyright is OUR rights not theirs it makes sure WE get the copyrightable content but it has been changed around to give CORPORATIONS all the control. Do I want DRM on my hard drive so I can play a game but keep me from taking screenshots? No! I'll never install Vista. If this was available in WINE I would play it but it isn't. I don't even run NDISWRAPPER!

    So, in conclusion, no. I don't think anyone has stolen anything. Information wants to be free.

    As in I don't pay anything for it.

    (P.S. -- I'm adding some skulls to this comment)

    --
    Powell: "So, what are we doing?" Cheney: "Oh, crime." Powell: "Crime? Good, OK... crime..."
    1. Re:Satirically speaking... by Das+Modell · · Score: 1

      So, in conclusion, no. I don't think anyone has stolen anything. Information wants to be free.

      Please post all your personal information, including bank accounts and credit card numbers. Also, if it isn't too much trouble, could you set up a webcam in your home so we can watch what you're doing? Information just wants to be free, man.
    2. Re:Satirically speaking... by Anonymous Coward · · Score: 0

      Whoosh!

    3. Re:Satirically speaking... by Das+Modell · · Score: 1

      Yes?

      If you believe there was a joke somewhere in the post, please point it out.

    4. Re:Satirically speaking... by totally+bogus+dude · · Score: 1

      How about the post title: "Satirically speaking"?

      This gives a clue that the post may be a satire of common /. arguments about why piracy is okay.

      The thing that makes it really funny though is the fact that it's a copy and paste of this post, only with some skulls added.

    5. Re:Satirically speaking... by Das+Modell · · Score: 1

      I don't read post titles since there's no need.

    6. Re:Satirically speaking... by totally+bogus+dude · · Score: 1

      The evidence suggests otherwise. ;)

  27. So I guess... by thewils · · Score: 5, Funny

    ...it's OK to pirate this one then??

    --
    Once I was a four stone apology. Now I am two separate gorillas.
    1. Re:So I guess... by Anonymous Coward · · Score: 0

      Well, given that I bought all the games legitimately, I prefer to call it "fair use".

    2. Re:So I guess... by MWoody · · Score: 1

      Just the opposite - pirate this, and in one blow you're liable to get sued by the entire freakin' industry.

  28. Lol, nice games to lift from by jayhawk88 · · Score: 2, Funny

    Oblivion? D-Eye-Ah-Blo? Man, how the hell did anyone remember these incredibly obscure games?

  29. Heh. Anyone know where I can get this game? by CrazyJim1 · · Score: 1

    I'm not going to buy it, but I have a weak point for unintentional comedy.

    1. Re:Heh. Anyone know where I can get this game? by Xelios · · Score: 1

      Just buy it, the developers will be sued into bankruptcy anyway. The publisher has already pulled the plug though, it'll disappear fast.

      --
      Murphey's fighting Occam, and we're in the stands.
  30. Correlation is not causation by Anonymous Coward · · Score: 0

    subject say it all.

  31. Re:Shakespeare was a Plagarist by Anonymous Coward · · Score: 0

    space invaders and galaga are two completely different games, but you have point there.

    if nothing else, this game really got some serious publicity with this stunt. if it comes through, and if the game is actually good, they will make much more profit than they'll lose in court. (especially if the original content is worth the stunt)

    I shit care whether graphics are copied, if the stuff is quality work. and I believe many ppl think like this.

    whatever, can't say anything else, no matter whether this particular game is unique or not, copyrights suck!

  32. Re:Shakespeare was a Plagarist by ScentCone · · Score: 3, Insightful

    Shakespeare did not invent the plots of his plays. Sometimes he used old stories (Hamlet, Pericles).

    So, in which older tellings of something like Hamlet can you point to prose such as Shakespeare's "To be, or not to be..." passage? It's one thing to write a game with a magic ring quest plot, and it's quite another to say you're doing something original, and it's just a coincidence that you have characters named Frodo and Gandalf.

    --
    Don't disappoint your bird dog. Go to the range.
  33. So? by Jack9 · · Score: 1

    I don't see anything morally wrong with this. Next up, news that Broken Sword is a Diablo clone. So what. //for later reference

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
    1. Re:So? by Zorque · · Score: 1

      Yeah, no, stealing is cool. Using other people's work and turning a profit off of it is fine.

    2. Re:So? by Jack9 · · Score: 1

      Duplicating ideas is not morally wrong. Profiting from other people's ideas is not morally wrong. Nothing was stolen.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    3. Re:So? by edraven · · Score: 1

      So you haven't seen the pictures then, I take it?

    4. Re:So? by Anonymous Coward · · Score: 0

      Uh, yes. It is. You're just a backwards person who apparently has a blatant disregard for the work other people have put in to their games.

    5. Re:So? by Jack9 · · Score: 1

      I saw them.

      It's a uniquely totalitarian idea that thoughts are something that you should restrict via popular regulation, it masquerades successfully in western countries as a fundamental capitalistic concept (there are many parallels I find). While it's practically useful to apply standards and practices to scientific publications in this manner, restricting forms of entertainment is subjective and unevenly applicable at best. It's interesting to note that the American interpretation of plagiarism is on Wikipedia and most people will simply believe it to be "the definition". In the long term, a distinction between what is and is not "original" does not further the arts nor is it used as anything other than a method by which to stifle competition within a domain. YMMV

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    6. Re:So? by Jack9 · · Score: 0, Troll

      Uh, yes. It is.

      It's a matter of perspective. Most people don't actually think about what they believe, as I expect you don't.

      The question is why do you think that someone should retain the sole rights to an image (which is simply an expression of an idea), and therefore to an idea? While I would agree they should have the rights to the work in their mind and in progress (to allow them the freedom to solely develop it), the claims of plagiarism are really an interpretation of a trade dispute, not relevant to morality. Is it plagiarism to write out the bits that describe the Oblivion environment? Is it plagiarism to speak the bits that describe the Oblivion environment? Is it plagiarism to convert the bits to A's and B's and to communicate the Lost environment via sign language? Why do you make a distinction? Do you know how a video card works and that they had to code those environments the same as anyone else would?

      I wonder how you come to your perspective or if you've given it any critical thought.
      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    7. Re:So? by totally+bogus+dude · · Score: 1

      why do you think that someone should retain the sole rights to an image (which is simply an expression of an idea), and therefore to an idea?

      I'd be more inclined to suggest people should be able to retain sole rights to the expression of an idea, but not to the idea itself. Ideas are easy to come up with. I have lots of ideas for really awesome games I'd love to play some day. Turning those ideas into playable games that actually do the idea justice is an altogether different matter.

      So, the Oblivion artists worked from an idea to create a fantasy styled environment, and turned that simple idea into a lot of textures and 3D models. The programmers created (or licensed?) a 3D engine that could turn those 3D models and textures into 2D images for display on a computer screen. All of that took a lot of work and skill.

      The Limbo of the Lost "developers" fired up Oblivion and other games, found locations they liked the look of, and took a screenshot. While their idea was to create a game and they went out and found artwork that suited the theme, it's this appropriation of a particular physical manifestation of the idea that causes the problem.

      Now personally, I don't think there's anything especially wrong with this approach to creating games; creating art is a time consuming process, and encouraging re-use is a good idea.

      What I do have a problem with is people doing this without the consent of the holder of the copyright on the borrowed material. If the creators of Limbo didn't have the resources to create their own art, then they should have contacted the publishers of various games to see if it was okay for them to use their art in their no-budget production. Maybe they wouldn't have been able to use graphics from big titles like Oblivion, but I'm sure there's plenty of smaller development houses that would've been happy to let them use their atwork in exchange for a cent for each sale in royalties, or just a mention in the credits.

      Done the right way, this is a non-issue. Passing the work of as your own isn't the right way to go about it.

    8. Re:So? by edraven · · Score: 1

      You're missing the point. Technically I think you're missing several, but who's counting? Regardless of your personal beliefs about the definition of plagiarism, the "creators" of this work had a financial arrangement with others under the understanding that they personally created all the artwork contained within it. The pictures in the article make it clear that was a lie. So they told a lie solely for personal financial gain. Here in America, we call that fraud. Actually, they call that fraud in pretty much every English-speaking country. In the others, they call it something that translates into English as "fraud". Since you say you find nothing morally wrong with what they've done, I'm looking forward to your elaborate defense of this behavior.

    9. Re:So? by Jack9 · · Score: 1

      You're missing the point.

      I agree that there is fraud. However, fraud in entertainment is not damaging, and therefore, not morally wrong. See: Noble Lie. YBMV
      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
  34. plagarism is such a crime... by archkittens · · Score: 1

    The register really cant have too much room to talk... one day i was reading up about a particular subject, and four of the articles a google search found were exactly the same article with four bylines. granted, the register's was later updated with a few grammar corrections, and a single story probably isn't as big a deal as borrowing from another video game.

    1. Re:plagarism is such a crime... by MrAngryForNoReason · · Score: 1

      The register really cant have too much room to talk... one day i was reading up about a particular subject, and four of the articles a google search found were exactly the same article with four bylines

      I know The Register have news on the site from various sources not just their own reporters. This isn't plagiarism it is syndication, something that most news sources do so that every news outlet isn't paying a reporter to write an article on the same subject. In the same way that a lot of the news on sites such as news.bbc.co.uk are stories from AP and Reuters.

    2. Re:plagarism is such a crime... by archkittens · · Score: 1

      if you copy it without proper credit given for the original source of the article, it's still plagiarism.

  35. I can see how this could happen... by WeirdJohn · · Score: 5, Insightful

    Not that I approve. Some people can write code, design game concepts etc but be incapable of drawing pictures. When I look at the photo of the 3 main developers I don't see a picture that looks like three guys that would play typical cutting edge games. They come up with game logic that kinda works but is butt ugly. They hire someone who claims they are a shit hot CG artist, complete with examples of "their" work. This person then proceeds to rip other peoples' work.

    The developers are of course stoked by the amazing art "developed" for their game, and give lots of bonuses. Then they discover that they've been sounded robbed, as their game (and their reputations) are soundly denounced.

    I'm not saying this has happened in this case, but I've seen scenarios like this before (when I did work in the games industry).

    I'm also not saying that this justifies it. If anything it reveals "technology blindness" where the developers are so in love with their own product that they don't bother looking at what else is on the market.

    1. Re:I can see how this could happen... by daremonai · · Score: 2, Funny

      I'm fairly confident in this case the developers did look at what else was on the market.

    2. Re:I can see how this could happen... by king-manic · · Score: 4, Informative

      You may actually look into the story before you invent a situation where it was right. These guys are just amateurs who took a run at the shovelware market using plagiarism to fill in where they lacked talent. Much of the coding was done on the winter mute forums as these three douches don't know much about coding. The graphics where screenshots that were badly photoshopped together because this group lacked graphic talent. Apparently from people who played it, they also lacked story telling talent as well as voice acting talent. These guys really shouldn't have tried to market their dreck shovelware and should have kept it as a amateur project.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    3. Re:I can see how this could happen... by Anubis+IV · · Score: 1

      Normally I might be willing to accept something like that, but the Wikipedia entry makes mention of the fact that this sort of thing may have happened before with the company...on this very same game. Limbo of the Lost was built for Amiga in times past, and then was updated to the adventure game we have today. Even on the Amiga version though, there were allegations that they had stolen artwork from other games.

      You can see an image with some comparisons here: http://img167.imageshack.us/my.php?image=limboofthespyguyls1.png

    4. Re:I can see how this could happen... by WeirdJohn · · Score: 1

      Or it could of course be a case of thieving scumbags, as others have pointed out. I do think that in general you have to look deeper before you blame everyone in a company for what appears to be plagiarism, even if (as in this case) the evidence seems pretty strong that they are thieves (or fools).

    5. Re:I can see how this could happen... by nEoN+nOoDlE · · Score: 1

      you're completely right that some programmers Could get bilked by a rogue artist. If not for this quote from the article, I would have given them the benefit of the doubt;

      "Between the three of us we researched, wrote, designed, animated, scripted and developed the whole game from home."

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    6. Re:I can see how this could happen... by Anonymous Coward · · Score: 0

      There are plenty of options and outlets which sell textures, 3D models and other art resources for developers. A simple search on Google can bring up a list of them, with a bit of page flipping you can find some good stuff.

  36. Mod UP by Joe+the+Lesser · · Score: 1, Redundant

    "Between the three of us we researched, wrote, designed, animated, scripted and developed the whole game from home."

    --
    "I only speak the truth"
    Karma: null(Mostly affected by an unassigned variable)
    1. Re:Mod UP by sapphire+wyvern · · Score: 1

      "Between the three of us we researched, wrote, designed, animated, scripted and developed the whole game from home." Note that that sentence never claims that they did the background graphics :)
  37. Re:Shakespeare was a Plagarist by archkittens · · Score: 1

    Shakespeare has been proven, by many authors, to have borrowed from the Arts, the Histories and the Sciences."

    the pot, however, doesnt know where that nasty rumor that the kettle is black got started...

  38. Mod UP part Deux by lantastik · · Score: 1

    This link needs to be added to the original post. It's just priceless given the current revelation.

  39. Missing the Point of Myst by Jeremy+Erwin · · Score: 1

    Myst's programmers designed a 3D world themselves and pre-rendered it using the ray tracers they could find. They then loaded those shots onto a CD-ROM or two.

    If real-time 3D renderers were even available back then, they were downright crude in comparison. In fact, I seem to remember Myst looking cleaner and more spectacular than the screenshots from "Limbo of the Lost".

    1. Re:Missing the Point of Myst by Conspiracy_Of_Doves · · Score: 2, Interesting

      They have a genuine 3d version of Myst

      Realmyst

    2. Re:Missing the Point of Myst by Jeremy+Erwin · · Score: 1

      The 1993 version was essentially a Hypercard stack. realMyst wasn't released until 2000.

  40. Re:Shakespeare was a Plagarist by D+Ninja · · Score: 2, Insightful

    "With a few exceptions, Shakespeare did not invent the plots of his plays. Sometimes he used old stories (Hamlet, Pericles). Sometimes he worked from the stories of comparatively recent Italian writers, such as Boccaccio - using both well-known stories (Romeo and Juliet, Much Ado About Nothing) and little known ones (Othello). Shakespeare has been proven, by many authors, to have borrowed from the Arts, the Histories and the Sciences." I disagree that using the ideas surrounding a plot is plagiarism. There are only so many plot stories that can possibly exist: boy meets girl, good vs. evil, overcoming adversity, etc.

    Shakespeare merely looked at history (which, arguably, has some of the best stories) and at other popular works and mimicked those works and plots.

    Plagiarism, on the other hand, in my opinion, is an exact replica of someone's work without giving that person or people any credit for that work. So, just to illustrate my point...

    Me writing a novel about a guy who has special, and even superhuman abilities, and who uses those abilities to take down an evil regime after being trained by his master is not necessarily plagiarism. That's just a simple "good vs. evil"-type story.

    Me writing,
    "Do, or do not, there is no try."
    or
    "Luke raced through the trench towards the exhaust pipe with Vadar close on his tail." ...that's plagiarism.
  41. Look for subcontractors. by RustinHWright · · Score: 1
    I dunno. It all just looks too similar to me. Anybody lazy enough to steal like that would be too lazy to be so precise. I'm guessing that one way or another they were using the same CAD files the creators of the original game used. And quite possibly that much or all of this came from staff who had worked on both teams, either directly, or as subcontractors.

    Think about it, the only time that somebody works that hard to create something that is EXACTLY like what they're copying is when they're intentionally attempting to counterfeit the original. This isn't just "plagarism"; this is reuse of editorial files.

    --
    It's all about the information. And what we do with it.
  42. What about the engine? by lantastik · · Score: 5, Interesting
    I started to wonder how they got rips of all of those games in to their engine. Then I started to wonder if they just stole the engine. I did a search and came up with this page:
    http://209.85.141.104/search?q=cache:GTYHJgCqVCYJ:www.bluesnews.com/cgi-bin/board.pl%3Faction%3Dviewthread%26threadid%3D88482+%22Limbo+of+the+Lost%22+engine&hl=en&ct=clnk&cd=1&gl=us

    I'm still wondering how they were able to import all those assets and levels so flawlessly into their own engine?

    That must have been a tremendous job just to write the different converters but then again I don't understand why Steve Bovis, was not able to code a simple CD check into the main menu??? ...this was the follow-up to that question:

    They didn't.

    "Wintermute Engine Development Kit is a set of tools for creating and running graphical âoepoint&clickâ adventure games, both traditional 2D ones and modern 2.5D games (3D characters on 2D backgrounds). The kit includes the runtime interpreter (Wintermute Engine, or WME) and GUI editors for managing and creating the game content (WME tools) as well as the documentation, demonstrational data and prefabricated templates." - http://dead-code.org/home/

    All the backgrounds they stole are screenshots from other games. They made a 3D character to move (with scaling) on 2D backgrounds.
    1. Re:What about the engine? by lantastik · · Score: 3, Interesting

      Sorry, I hate replying to my own stuff, but I found some backups to this information:
      http://forum.dead-code.org/index.php?topic=2904.msg18305#msg18305

      http://forum.dead-code.org/index.php?topic=2746.msg17668#msg17668

    2. Re:What about the engine? by Fozzyuw · · Score: 3, Funny

      Hehe, I find it amusing that these people are hoping to "quit their day jobs" off this game but couldn't afford $3,000 for a decent computer to render the games they took screen shots of!

      --
      "The past was erased, the erasure was forgotten, the lie became truth." ~1984 George Orwell
    3. Re:What about the engine? by Anonymous Coward · · Score: 0

      From the Wintermute Web site
      License

      Wintermute Engine Development Kit is provided for free for both hobby and commercial use. However, if you find it useful and youâ(TM)d like to support its further development and/or express your appreciation, youâ(TM)re encouraged to make a donation.

      There is no source code license available at the time being.

  43. Limbo of the Lost Contest by Anonymous Coward · · Score: 5, Funny

    Contest to create "screenshots" from Limbo of the Lost: http://www.rockpapershotgun.com/?page_id=1909

    Contest is over, but the entries are hilarious.

    1. Re:Limbo of the Lost Contest by Anonymous Coward · · Score: 0

      The best laugh I've had in a long time. Thanks for that link.

    2. Re:Limbo of the Lost Contest by kalirion · · Score: 1

      Love the Zork one :)

  44. Re:Shakespeare was a Plagarist by Webs+101 · · Score: 3, Insightful

    Ideas and stories are not copyrightable. It's the execution of the ideas and stories that are protected.

    You can take the basic story of "King Lear" and create "Ran". You can take the basic story of "Seven Samurai" and create "The Magnificent Seven". Those pairs of movies share plots and stories but each executes its own vision.

    In this case, the problem with the game is that they stole the execution - i.e. the art - used in other games, not the story.

    --

    "Even for Slashdot, that was a very obscure reference!" - Anonymous Coward

  45. The Article rocks! by Anachragnome · · Score: 3, Interesting

    The thing I like the most about the article is that the it specifically states the NAMES of the morons that thought they could get away with this.

    All to often, articles simply list the name of the company in question, and the people actually behind the theft(I consider it theft) hide behind that, thus circumventing any real lasting public derision.

    The article destroyed any credibility these idiots may have had in the gaming marketplace, and rightfully so. A simple Google search by potential employers/investors will be all it takes to bring up that article.

    Back to McDonald's with you, fryboy!

  46. I retract the above. by RustinHWright · · Score: 2, Interesting
    Silly me. I thought that they at least had created dynamic environments using the old data.

    These are static screenshots? Pathetic. I say lobotomize 'em all and hand them over to the creators of the original images as body slaves.

    --
    It's all about the information. And what we do with it.
    1. Re:I retract the above. by qeveren · · Score: 1
      --
      Don't just stand there, get that other dog!
  47. Re:Shakespeare was a Plagarist by SBacks · · Score: 1

    This isn't stealing the general concepts of another and creating an original body of work. This is taking something that someone else created and selling it.

  48. Re:Shakespeare was a Plagarist by glwtta · · Score: 1

    Not sure why people are in such a tizzy over this.

    Really? You can't see the difference between basing a play on a well-known story and lifting other people's artwork for your game?

    Your examples don't even have anything to do with plagiarism: there may be plenty of accusations against Shakespeare in that regard (Marlowe's name is usually attached), but I doubt he'd ever claimed to have invented Pericles or Julius Caesar, for example.

    --
    sic transit gloria mundi
  49. better analogy by RingDev · · Score: 2, Interesting

    Think about Space Invaders, Galaga and Galaxian - same gameplay, different sprites. I don't think that's quite the right analogy though.

    Think of this more like someone took a picture of the screen when you were playing Space Invaders, then used that image as a background for their RTS space domination game.

    I think this case could really present itself to be a very interesting legal president. It sure looks like it could fall under fair use and derivative work. The game is vastly different than all of the games that the artwork was taken from. Which would move it into the derivative work direction. Then the question would seem to be, does Bethesda's copyrights extend beyond the actual content of the game and into images taken of the game? If it does, it would imply that distributing screen shots and FRAPS videos with out the game copyright holder's permission would be a violation as well.

    And even if that is the finding, they could still argue fair use. If 2 Live Crew can sell a single of Pretty Woman, if Vanila Ice can go platinum while taking a note for note copy of Queen, well, why can't this company use modified screen shots of existing work to develop an entirely new game?

    Not sure I entirely like the thought, but I'm not entirely sure I like the alternative either.

    -Rick
    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    1. Re:better analogy by xsmasher · · Score: 1

      >It sure looks like it could fall under
      >fair use and derivative work.

      No and "yes, but." Because it is for commercial use, and not for research or reporting, it's unlikely to be considered Fair Use. (There is no "10% rule" for Fair Use - "it's more a set of guidelines," yo ho, where you have to pass multiple tests to *possibly* be protected by the doctrine.)

      It *is* certainly a derivative work, but that damns them, not saves them. The right to make derivative works lies with the original creator, so they're still screwed.

  50. Re:Shakespeare was a Plagarist by mrchaotica · · Score: 1

    This is not even the earliest example of game plagarism. Think about Space Invaders, Galaga and Galaxian - same gameplay, different sprites.

    The difference is that in this case, it's essentially the opposite: same sprites, different gameplay.

    Unfortunately (for Majestic), the sprites (and not the gameplay) are the copyrighted bits!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  51. Re:product placement by Dare+nMc · · Score: 2, Funny

    man, all those games got prime product placement in a new game, and haven't paid for it? Damn right the studios need to pull this game until those old games pay Tri Synergy for the right to have that product placement in their new game.

    seriously, I wonder how much they would have had to pay for the rights to these scenes? Obviously it made at least 2 reporters dust off their old games, and put a few games back in the highlight for another 5 minutes (this time for free.)
    This was too well handled for a budget marketing dept to have pulled off, otherwise I'd be reaching for the tinfoil hat.

  52. Crap, by Anonymous Coward · · Score: 0

    I just lost the game

  53. Re:Shakespeare was a Plagarist by ceoyoyo · · Score: 1

    There's a difference between being inspired by other works and ripping off pieces of them verbatim.

    If Shakespeare took Homer, did a quick translation and presented it as his own work he'd have been regarded as a plagiarizing hack. All the games these guys copied share lots of similarities, but this is the only one that copies verbatim.

  54. -1 Man Terrorizing Crows by Eco-Mono · · Score: 2, Funny

    You seem to be implying that those who justify their music and software piracy but condemn this company are hypocrites. But even your straw-hat parody of that viewpoint would not be hypocritical in condemning the folks behind Limbo of the Lost. The reason: it was made by a corporation, and the piracy was used to make that corporation money. Thence the puppet considers vilification for anything (including copyright violation) to be quite justifiable! That said, nobody I know holds the bizarre grab-bag of views you present here anyway, not the two-recompensed-profits-make-a-recompensed-profit argument in paragraph 2, not the conflation of copyright and EULA in paragraph 3, and certainly not the increasingly incoherent and self-contradictory rant at the end. Your attempt to hoist the Slashdot groupthink zeitgeist on its own petard have failed. Go home and eat a sandwich.

    --
    (rot13) rpbzbab@tznvy.pbz
    1. Re:-1 Man Terrorizing Crows by enderjsv · · Score: 3, Insightful

      I have no idea what 'zeitgeist' or 'petard' mean, but I'm gonna attempt to address your post anyway.

      I don't know if the intention of his post was really to call "those people" hypocrites. If I had to define his point, I'd say that he is simply trying to show "those people" that the arguments they often use are, at best, questionable justifications that, in another context, seem rather ridiculous.

      For example, you seem to be saying (and forgive me if I misinterpret) that in one context, we have a company making money off of another companies work, and that's wrong. But it's not so wrong for an individual to use or acquire a companies copyrighted assets without compensation because that individual won't profit from it. Never mind that said company could be losing profits because of it. Never mind that it doesn't belong to that individual, regardless of how insignificant they feel their actions are. I mean, where's the line, and what gives this individual the right to draw it? But there's no use in arguing, as the OP pointed out, there are a dozen or so ways for the individual to justify it to himself, and in the process trick himself into thinking he's some kind of freedom crusader, saving the world from the evil corporations that *gasp* want to charge us for things, even when most of us secretly know he/she just wants free stuff.

      In the end, as an observer, I guess I've always just found the pirate's reasoning to be a little self-serving. It's always been so easy to call corporations evil, controlling bastards intent on ripping the public off. It's a lot more difficult to ask yourself what your personal responsibility is, what your true motivations are, and what your self-serving justifications say about you. Maybe there is something hypocritical about a thief that steals from thieves.

      But I can't think about that now, I have definitions to look up.

    2. Re:-1 Man Terrorizing Crows by blahplusplus · · Score: 1

      "In the end, as an observer, I guess I've always just found the pirate's reasoning to be a little self-serving. It's always been so easy to call corporations evil, controlling bastards intent on ripping the public off."

      Because thats just what corporations do, I've worked in many industries whose profit margins are insanely high (much higher then 100%) on many items they sell their 'customers'. Just look at cables (i.e. the monster cable nonsense). Many small ticket items consumers are raped on by big box chains by doubling the price and basically lying about the product on the packaging. Consumers know that Marketing is often about lying, exaggeration and deception. So why wouldn't they be jaded, cynical and not wanting to participate in enriching someone whose values are blatantly offending?

      Pirates are reacting to the rather evil infringing of their property rights and civil liberties, companies are trying to turn us into their serfs by not having us own anything or be able to use it and modify it as we wish. This is just kind of pseudo market-fuedalism where consumers are serfs and businesses and corporations are 'lords'. You can see this starting to happen in the MMO industry, WoW has 10 million subscribers, they have gained tremendous amounts of capital simply by exploiting population size. That's how people get rich, try getting rich in a group of 30 people and see how that works out for you, despite all your hard work or intelligence. Most free market fundamentalists would like to convince themselves 'they got rich by their merit', but they didn't, other factors come into play - i.e. population size. These are simply the rules of math and geometry, in any system of x number of people, x number of people WILL become rich, regardless of skill or merit.

      Property issues: Why are my Wii save games encrypted, what gives the company the right to encyrpt and lock away my save data that *I* created by mixing it with my labour? Companies have long since thrown morality to the wind and sewn ill will among their customers because they are ignorant, simply don't give a fuck, or both. Expecting your customers to give a shit when you don't listen to them and are just there to pick up the money from the herd when they come to the trough is not good business practice over the long term.

      If you've been in any sort of business you know that relationships you have with your customers are the most important, the media and content industries see people as merely objects to be mined for money. Corporations set the precedent first by their insatiable greed and by their lying... I mean marketing departments.

      The idea that self-interest unchecked is some moral high ground is a farce for anyone with any kind of intelligence.

    3. Re:-1 Man Terrorizing Crows by meringuoid · · Score: 1
      I have no idea what 'zeitgeist' or 'petard' mean

      'zeitgeist': German, translates as 'spirit of the times'. Roughly refers to cultural and intellectual trends and fashions.

      'petard': a bomb. Used in mediaeval siege warfare to blow up walls. Petards were unstable and unsafe weapons, and the petardier's life expectancy was not long; it was common for a man to be 'hoist by his own petard' - said bomb having exploded rather earlier than it should have. Now refers to any cunning plan which backfires spectacularly.

      --
      Real Daleks don't climb stairs - they level the building.
    4. Re:-1 Man Terrorizing Crows by spacefiddle · · Score: 1

      or 'petard' mean the best captain ever?

      get_coat(bye);

    5. Re:-1 Man Terrorizing Crows by tehcyder · · Score: 1

      I have no idea what 'zeitgeist' or 'petard' mean
      I bet you don't own any Apple products then.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    6. Re:-1 Man Terrorizing Crows by enderjsv · · Score: 1

      Pirates are reacting to the rather evil infringing of their property rights and civil liberties
      nah, they just want free stuff.

      Why are my Wii save games encrypted, what gives the company the right to encrypt and lock away my save data that *I* created by mixing it with my labor?
      Encrypted save files, DRM, and those types of things are the companies reactions to piracy, not the cause of it. Most of the people today who are now so outspoken against these types of things are the same people that, ten years ago, had entire hard drives filled with pirated music, emulated video games and movies. The pirate steals from the company, the company takes measures to prevent that piracy, and then the pirate uses those measures to justify his piracy. It almost feels like Iraq. Bomb and invade Iraq, piss off the people and make them rebel, and then use their rebellion to justify our need to be there.

      Now, I'm not apologizing for the companies. There are a lot of DRM measures that I find to be rather ridiculous, and I get angry about them. But my answer to the companies isn't to justify it for them by continuing to illegally obtain their products without purchase. I don't even see how a strategy like that would work. If anything, it'll have the opposite affect, and even though I've never been a pirate and never plan on being one, I'll have to suffer the consequences of it just like I am now.

      As I said in the quote you supplied, it's easy to blame the corporations and call them evil, even as you, on a daily basis, benefit from the technological and medical advances of corporate culture. A man of average income today lives better than the pharaohs of ancient Egypt. It's hypocritical of anyone to benefit from that culture, and then break the laws that are set-up to protect it. If you were being oppressed, like Ghandi, then sure, I'd say go for it. But I doubt even you would have the audacity to call yourself oppressed. And likening yourself to a medieval serf as you "surf" the internet on your hi-speed connection, grow fat from an ever-present bucket of KFC chicken, then head off on the weekend to catch the matinee showing of Iron Man, is a bit ridiculous and insulting. Trust me, you're not a serf, and you're not oppressed.

      I'd almost feel relieved to ask a pirate, "How do you justify your actions?" And hear him say in return, "I'm not a martyr. I'm not a crusader. I'm not owed a single thing. I just want free stuff." I'd probably shake his hand.
    7. Re:-1 Man Terrorizing Crows by blahplusplus · · Score: 1

      "Encrypted save files, DRM, and those types of things are the companies reactions to piracy, not the cause"

      This is nonsense, cartridges and special 'flash savegame cards' have been around a long time in spite of other media that allows access. One of the Wii's selling points for me was the SD card slot, realizing my saves were encrypted really pissed me off. The "Fear of piracy" is just bullshit cover for their own greed.

    8. Re:-1 Man Terrorizing Crows by blahplusplus · · Score: 1

      "As I said in the quote you supplied, it's easy to blame the corporations and call them evil, even as you, on a daily basis, benefit from the technological and medical advances of corporate culture. A man of average income today lives better than the pharaohs of ancient Egypt"

      You must be nuts to think that the average person lives better then the pharoahs, especially when you're making non-sequitor comparisons, the pharoahs had slaves and concubines and had enormous influence and power over the average person. The average person today does not have any of that stuff, but the rich sure do (paying for prostitutes, mistresses, etc) or simply having greater access due to money.

      China made many technological advances before modern times under different economic systems. Saying "It's all because of X" cover for someones pet idealogy. Time + effort = progress, many old civilizations made many technical marvels without modern economic systems. We're not as progressive as we think either, it was only a mere ~100 years ago that slavery abolished.

      Lastly, who cares about 1000's of year ago? You're comparing apples to oranges, the technology and society is radically different from 2000 years ago. The "pharoahs" that live today live way better then the average man, so you argument is irrelevant.

    9. Re:-1 Man Terrorizing Crows by enderjsv · · Score: 1

      Well I do think we live better. Heating/air conditioning, indoor plumbing, refrigerators, antibiotics... The list goes on and on. But you're right, its apples and oranges. And even as I was writing it, I wondered if I should. I'll give you that it shouldn't have been included in my argument, but it's remarkable that you chose to address that statement and not my point in particular.

      My point, to clarify, is that piracy has very little to do with any kind of revolution, martyrdom or freedom fighting. Piracy is about free stuff. Plain and simple, and I'm tired of people trying to mask their selfishness. If corporate greed is really the issue, then form a group, or write some letters, or protest on the company's front lawn. Or better yet, speak with your dollars and refrain from purchasing the product.

      Corporations aren't perfect. That's a claim I would never make. And if anyone truly felt that they are going too far with copyright protection, then they can easily make a statement by not buying the product. Simple. Don't buy the product, and if other people feel as you do, the company will eventually get the hint. Hell, we have a very recent example of such a thing happening when EA announced they were going to require an online "check-in" every ten days with Mass Effect. There was a huge backlash from their target demographic, and the ten day check-in was abolished. (On a separate note, they now only allow three instillations per purchase, which is, in my opinion, still ridiculous. I won't be buying it because of this. See how that works?).

      Piracy is NOT making a statement. Piracy is NOT about making the world a better place. There is no grand, noble intention. Pirates are not heroes or crusaders. They simply, as I've said before, want free stuff. Aside from the occasional forum rant or comic-book-store conversation, these people do nothing to mitigate the influence of corporate greed in America. If anything, they add to the greed pool with their own greed, and justify the stricter and more intrusive methods of copyright protection that have become so prevalent today. It's hypocritical, not noble.

    10. Re:-1 Man Terrorizing Crows by maglor_83 · · Score: 1

      I have no idea what 'zeitgeist' or 'petard' mean

      But I can't think about that now, I have definitions to look up. For those too lazy to look it up, we have:

      Zeitgeist - the spirit of the time; general trend of thought or feeling characteristic of a particular period of time.
      Petard - hoist by or with one's own petard, hurt, ruined, or destroyed by the very device or plot one had intended for another.

      Courtesy of Dictionary.com Unabridged (v1.1)

  55. Can we dig the hole a little deeper by Shivetya · · Score: 1

    I wonder how many of those games they took screen shots from were purchased versus borrowed.

    If they purchased them they opened themselves up to heap a trouble.

    If they "borrowed" then they opened themselves up to a heap of trouble.

    Really amazing, how did it ever get to distribution? Do the people who run these companies not play games themselves?

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  56. Re:Shakespeare was a Plagarist by edraven · · Score: 4, Interesting

    Bonus points for referencing a plot that Kurosawa borrowed and a plot that was borrowed from Kurosawa.

  57. Re:Shakespeare was a Plagarist by exp(pi*sqrt(163)) · · Score: 1

    No, but the Star Trek movie title that comes 23 lines later in that soliloquy was ripped off from Marlowe.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  58. Parodies by hansamurai · · Score: 2, Informative

    Some decent parody screenshots in the vein of Phriday can be found at Rock, Paper, Shotgun.

    http://www.rockpapershotgun.com/?page_id=1909

    My favorite is the Zork one.

    http://www.rockpapershotgun.com/images/june08/limbocompo/JohnLeonard.jpg

    1. Re:Parodies by Tarison · · Score: 1

      Oh man, that's hilarious. Wow.

  59. Re:Armageddon and Deep Impact? by vertinox · · Score: 1

    13th Floor and The Matrix?
    Tombstone and Wyatt Earp?

    The list goes on and on, but Hollywood does this all the time and no one calls them out on "plagiarism".

    I'm not saying they could have done better, but making something suspiciously similar but different enough to avoid copyright and trademark violations is not a big deal.

    Its funny if nothing else... Like the Wilhelm scream which I actually heard in the latest Indiana Jones movie. That's more of an ongoing joke than plagiarism though.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  60. slashdotted photobucket? by fishbowl · · Score: 1

    Can't see the screenshots.

    --
    -fb Everything not expressly forbidden is now mandatory.
  61. Under Pressure by Skuldo · · Score: 1

    Bad example, that isn't sampling, that song was a collaboration between Queen and Bowie, and Mercury and Bowie sing all the way through.

    See: http://en.wikipedia.org/wiki/Under_Pressure, and go and listen to it again!

    1. Re:Under Pressure by chill · · Score: 1

      I was saying Vanilla Ice's use was "sampling", in the sarcastic sense. I am fully aware that Bowie was in there the entire time.

      --
      Learning HOW to think is more important than learning WHAT to think.
  62. This is not so uncommon... by Anonymous Coward · · Score: 0

    ...For _development_ phases in the entertainment industry. For example, the movie industry will do mock-ups of productions using preexisting movie musical scores that match the intended mood of the scene. This is shown to other members of production to get a feel for the intended end result. Since there is no profit potential for this, it falls under fair-use. Original music scores are commissioned and mixed into the final production before it reaches commercial audiences.

    It very well could be that these designers were using the same technique for their backgrounds. Especially as an independent production organization, it is a much easier sell to show a demo with borrowed backgrounds and explain that they need to be developed than to have your hero walking around a white background with a sign that says "@TODO bkgnd". It is pure speculation, but perhaps these designers merely did not make it sufficiently clear that they were mock-ups, and not intended for the end product? I guess we'll learn more as the story develops.

  63. Re:Oblivion - they stole their company name too!!! by Anonymous Coward · · Score: 1, Informative

    Oh don't worry they thought of that.... by stealing an existing companies name to use!!! The real Majestic Studios is a photography firm based in the Hudson Valley - you can read about them here: http://www.majesticstudios.info/about.html

    Still gotta to hand it to these muppets. And on the same day that the BBC publishes a news article about the UK's games industry under the title Skills shortage hits games firms .

    Well folks - the UK games industry is still doing fine, e.g. Statix and the rest of the talented folks @ Media Molecule!

  64. Re:Armageddon and Deep Impact? by prockcore · · Score: 1

    The Wilhelm scream is public domain. Can't be plagiarism any more than putting a clipart birthday cake in an email is.

  65. Re:Shakespeare was a Plagarist by Alsee · · Score: 1

    it's just a coincidence that you have characters named Frodo and Gandalf.

    Actually it is just a coincidence that I have have characters named Frodo and Gandalf.

    My game takes place on a gay porn film set.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  66. Slight Differences by Plekto · · Score: 1

    I looked at the pictures so far and I noticed that they are not identical.

    But it is clear that someone was essentially tracing them/had the pictures next to them when they drew in the textures. Kind of like if you had a picture of an Escher drawing and tried to exactly duplicate it on the computer - just with your own mediocre skills(why the originals look better)

    So *technically* not copying. But it's clearly lifting the other guys' materials and re-using their hard work to cut corners. My guess is that the artists were on an impossible schedule and started looking around for source material to use as "inspiration". Of course their bosses were clueless. They probably haven't ever played a computer game.

    Watch for a "we've fired the artists and are re-doing the parts in question" type statement shortly.

    1. Re:Slight Differences by RoboRay · · Score: 1

      The people responsible for sacking the artists who were supposed to be sacked, have been sacked.

    2. Re:Slight Differences by Anonymous Coward · · Score: 0

      No, they are identical, they've simply been cropped, scaled, and probably reduced in color.

      The oblivion screen for example seems to have had its aspect ratio squashed and taken on a lower quality setting.

      You don't believe they actually tried creating anything original, do you? And they had no bosses, this was just three losers on their own.

  67. Who knew anyone would notice? by jscalbny · · Score: 3, Funny

    I mean, it's not as if any gamers would know such obscure titles as Diablo II or Oblivion or Unreal Tournament or anything...

    I can just hear the designers now...

    "We'd have gotten away with it, too... if it weren't for those darn kids!"

  68. ITYM... by Anonymous Coward · · Score: 0

    "One's own breath."

    1. Re:ITYM... by iago-vL · · Score: 1, Informative

      I think YOU meant, "Ones own breath" -- when pronouns become possessive, they don't have apostrophes (like "its" and "yours")

      Is there a law yet for people inevitably making a mistake when correcting somebody? If not, we need to coin one. :)

    2. Re:ITYM... by Anonymous Coward · · Score: 0

      You forgot the period on your correction.

    3. Re:ITYM... by Anonymous Coward · · Score: 0

      You forgot to point out that he has an unnecessary comma.

    4. Re:ITYM... by Anonymous Coward · · Score: 0

      That is incorrect.

      Have a nice day.

  69. 3 devs??? by SanityInAnarchy · · Score: 1

    First, it's something like 3 years of development -- maybe they've had the idea since the Atari days, but they only claim 3 years.

    Second, it was 3 guys. That means that at a minimum, 33% of the dev team knew what was going on, and the other 67% were clueless at best. But seriously, I work in a team with 3 guys, and just being in the office, I overhear more than enough to have a solid idea of what's going on.

    Third, "worked hard"? They didn't even write the engine. It's roughly equivalent to RPGMaker, as I understand it -- and I'll remind you, the "hard work" of building an RPGMaker games is artwork, story, and setting stats on various characters and enemies.

    Given that the reviews don't rate the story or the gameplay very high, this means that the "hard work" is really just putting together the screenshots.

    --
    Don't thank God, thank a doctor!
  70. All they need to do.. by brkello · · Score: 4, Funny

    ...is call it a parody and its all legal! Brilliant!

    --
    Support a great indie game: http://www.abaddon360.com
  71. good taste by one-eye-johnson · · Score: 1

    I'm quite excited about the chance to play a synthesis of some of the best games of all time. Or at least a synthesis of their screenshots that will bring up a really odd series of memories. If they had included Okami/Rez/Psychonauts assets I'd even consider buying it.

  72. Market it as a parody. by insomniac8400 · · Score: 1

    They should call it a parody and move on.

  73. The key word is "lost" by springbox · · Score: 2, Funny

    I get it now. The characters can't decide which game they're supposed to be in.

  74. Quality by mqduck · · Score: 1

    Great artists steal. Forget how much credit the games credited creators deserve, forget if it counts as plagiarism...

    All I want to know is, is it a good game? If so, I applaud them.

    --
    Property is theft.
    1. Re:Quality by PhxBlue · · Score: 1

      Assume they put as much hard work into the rest of the game that they put into the graphics ... then, do the math.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Quality by mqduck · · Score: 1

      Really, it was a rhetorical question. I was making a point.

      --
      Property is theft.
  75. Re:Shakespeare was a Plagarist by techsoldaten · · Score: 1

    Yeah, that's just it. These guys are not taking Unreal Tournament, Diablo, et. al. and passing it off as their own, they are taking some of the visual game elements and incorporating them into a new game.

    They are kind of dishonest about where the visual elements came from, and no one likes a shady dealer.

    It's clear the modelling they took from other games took time to produce and has value in the marketplace, and I am not saying it's fair or anything. I just don't get why people are so vexed by the idea of plagarism, this is something that has been coming for a long time.

    M

  76. That's debateable. by EnsilZah · · Score: 1

    As an artist I think I'd rather someone make money off of my work than take credit for it.

  77. That was just a press release. by HornWumpus · · Score: 1

    Reporters are so lazy these days it's SOP to just put their byline on a press release and call it a story.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    1. Re:That was just a press release. by archkittens · · Score: 1

      nope. it was a genuine article that was completely different from the press release. SOMEONE wrote it and didnt work for the company, i believe it was apple. then it got copied at least three times. after reading it the fourth time i gave up and read the slashdot comments, at least they're original :p

  78. Re:Shakespeare was a Plagarist by ceoyoyo · · Score: 1

    What's in a game? In THIS game in particular, apparently there isn't even really a graphics engine. They're just putting up background art. There's a bit of a story, probably, and some programming.

    The art is a big part of any game, and likely a bigger part of this one. If they'd copied the mood of Doom 3, or thrown in a few elements that reminded you of a particular game then fine, but pixel for pixel copies aren't cool.

    Shakespeare wasn't a plagiarist, even if he did use some story lines as inspiration from other authors, so long as he didn't make word for word, verbatim copies. These guys did.

    Sometimes plagiarism is a fine line, but this isn't one of those cases.

  79. You've been had... by Anonymous Coward · · Score: 0

    Can anyone else not see that this is a prank? The facts of the matter: three boozey 40-somethings think lets use an create-your-own-game editor to make something out of screenshots of top well known games. I therefore don't believe they believed for even a second they could get away for this. They wouldn't deserve the title con-men if this is the case. It's implausible they thought they could get the money and run to brazil before anyone play-tested this. Why else but a bit of a gag?

    This is such a massive act of blatant plagiarism it must be a big joke or I will vanish in a puff of cognitive dissonance.

  80. Learn to spell "&" by ChameleonDave · · Score: 0, Redundant

    The title is incomprehensible.

    I can only guess that you meant that the Register and others made these accusations.

  81. Even worse than it seemed by Schnoodledorfer · · Score: 1

    They didn't just use 2-D screenshots of 3-D scenes as backgrounds. They also copied graphical "assets" directly and also stole film footage for their trailers. Apparently they stole music, too. And the lead guy or his daughter posed as buyers to spam forums. And the game apparently sucks, besides.

    The best thread I've seen is at NeoGAF. Somebody eventually bought the game and posted screenshots to show how bad it is. They even failed to edit the default registry settings for the game installer. You can find support for all of my other accusations elsewhere in the same thread.

    BTW, I also disagree with your logic. Even if all they did was use the other games' graphics as backgrounds, it would still be a rip-off. Keep in mind that they are trying to compete with the same games they are using.

    --
    Knowledge is the small part of ignorance that we arrange and classify. (Ambrose Bierce)
    1. Re:Even worse than it seemed by The+Ultimate+Fartkno · · Score: 1

      They also copied graphical "assets" directly and also stole film footage for their trailers. They stole film footage for their *menus*!

      http://www.neogaf.com/forum/showthread.php?t=310683&page=14

      Apparently they stole music, too.

      From the HeXeN soundtract. Proven as of this morning.

      And the lead guy or his daughter posed as buyers to spam forums. Now *that's* a stabbin'...
  82. Except for the ones that do by patio11 · · Score: 1, Insightful

    Was I just imagining those advertisements on Pirate Bay?

    I've said it before and I'll say it again, Slashdot has some weird thoughts on what moneymaking is.

    Host pirated material and charge for ads: OK.
    Burn pirated material on CD-Rs and charge: OK.
    Burn pirated material on CD-Rs and put it in a shrinkwrapped box: WTF NOT OK THAT IS THEFT!!!

    It makes me think that Microsoft et al need to invest more in PBRM: Pretty Box Rights Management. More of you guys would probably actually give a care then.

  83. To be as original as possible... by UberWhack · · Score: 1
    Quote from an Interview with Steve Bovis from December 2006 http://www.quandaryland.com/jsp/dispArticle.jsp?index=795

    Gordon: So have any more recent games influenced your current project?
    Steve: The project is more influenced by film and literature rather than other games, we want the experience to be as original as possible and as such we have made a calculated effort to keep away from other games in the genre. Limbo of the Lost is an experience first and foremost, secondly wrapped up in a game media and genre. Right...
  84. Nobody has this game. by Anonymous Coward · · Score: 0

    Nobody has this game. Nobody ever heard of it until the plagiarism got scolded publicly. It is an elaborate publicity stunt.

    1. Re:Nobody has this game. by basscomm · · Score: 1

      Nobody has this game. Nobody ever heard of it until the plagiarism got scolded publicly. It is an elaborate publicity stunt. Got mine in the mail today. It's totally real.

      --
      http://crummysocks.com
  85. We've all been had. by Fantastic+Lad · · Score: 1
    It's implausible they thought they could get the money and run to brazil before anyone play-tested this. Why else but a bit of a gag?


    That's why the psychopathic mind is so effective in trumping humans; people simply cannot conceive of another human being making such massive errors in judgment, such callous transgressions, that they literally fall over themselves to try to explain away those transgressions. --To rationalize and apologize for the criminal. Witness the Bush presidency. My favorite was when he began promoting the sending of jobs overseas; there was a week of stunned silence, and then a month of desperate rhetoric from the Republican supporters, trying to rationalize such a boneheaded move. Just watch the pattern here as it unfolds; if these game publishers are some form of psychotic, (sociopathic, narcissistic, psychopathic), they will A) NEVER admit that they were wrong in any manner which would require their egos to lose points, B) Somehow shift the blame to the victim, C) Lie and charm and lie and lie. They will not stop until they are forced to.

    Just watch. Then map it large to the political realm to understand why the world is so desperately messed up.


    -FL

  86. Bovis post history on the engine forums by Loopy · · Score: 1
  87. Re:Shakespeare was a Plagarist by Anonymous Coward · · Score: 0

    It's not the plot that's the issue here. It's the use of other people's assets (which is to say, art, design and particularly in this case, 3D models and associated textures) to create derivative works without the permission of the owner.

    You could compare to it machinima, I suppose, but even then you'd generally want the permission of the owner of the original copyright before you try to commercially exploit something like this, something that the developers manifestly failed to get, or indeed even attempt to get.

  88. Plagarism? Happens more than you might know. by Psychochild · · Score: 1

    When I was working at 3DO, we got back some songs from an outside shop for a game I was working on at the time. (It was a Might & Magic game that helped kill that franchise, sadly. The project was a trainwreck no matter how you slice it.)

    The Director (the lead creative type) was a huge prankster. We had both worked on the Meridian 59 team before this project, so we were on good terms. He loaned me the soundtrack from The Matrix since it had just come out.

    So, he sends out an email that they got back some songs, so if anyone wants to take a listen go ahead. I went and listen to the songs, and every single one of them was a synthesizer instrumental version or variation of "Rock is Dead" by Marilyn Manson (which is on the soundtrack I borrowed). Now, I thought this was a really elaborate practical joke, so I went to get a good laugh with him. The blank look on his face when I said, "Good joke, man," had me worried. So, I go load up the CD and the new music file and play them for him. He simply could not believe it, even after listening to it.

    Basically, the outsourced music company had given the project to someone who slacked off and just handed in some BS. Well, that was their story, at least.

    In the end, I ended up saving 3DO from a pretty major copyright infringement lawsuit; you know how friendly those RIAA people are about things like this. But, it didn't matter: the game still sucked horribly and I'm still ashamed to have worked on it.

    Ah, good times, good times.

    --
    Brian "Psychochild" Green
    MMO developer's blog
  89. bah by Lopton · · Score: 1

    Go figure I write a story about a game stealing from another game and someone steals my story to make their own ;)

    From my profile" Small time game, compiled from all stolen content - Monday June 16, @05:25PM - Rejected"
    -=Lopton=-

  90. to be fair about their name... by jaymz2k4 · · Score: 1

    Not to be boring but I'm pretty sure a company in the UK can call itself what it wants regardless of if a company in the states is using that name. Otherwise registering companies would get jolly tricky. This is why my email is googlemail and not gmail. Kind of. I think :) That said, Companies House doesnt seem to list a Majestic Studios.

    In any case, yeah, this somewhat blew me away when i read it. They really must be out of their mind. I would absolutely hate to be them right now with the whole worlds gaming population essentially pointing the finger at them and saying 'twats'.

    --
    jaymz
  91. Limbo of the Lost Wiki by Anonymous Coward · · Score: 0

    There's a wiki for cataloging all the rip-offs and the pathetic background: see http://lotl.wikia.com/wiki/Limbo_of_the_Lost_Wiki

  92. Photography by bWareiWare.co.uk · · Score: 1

    They have not copied any of the games' original assets, they have taken static 2d screen-shots of them. This is directly comparable to real world photography.

    In this case it is defiantly very lame, probably illegal (breaking the original games' EULAs at least), but hardly immoral.

    1. Re:Photography by Noren · · Score: 1

      A better analogy here would be that you're arguing that anyone can just go ahead and make prints of someone else's recently completed original painting, and proceed to compete with the original artist to market and sell those prints while claiming it was original work.

      That is both illegal and immoral, and has been for quite a long time.

    2. Re:Photography by xsmasher · · Score: 1

      Even if we assume that taking screenshots is the same as photography, It is still 100% copyright infringement. A photograph of a copyrighted work is a "derivative work." The right to create derivative works is reserved for whoever owns the copyright on the orginals (in this case Bethesda, Blizzard, others.) They were not photographing trees or rocks here - they were copying someone else's work of art.

  93. An interview... by Anonymous Coward · · Score: 0

    with Steve Bovis, whose job was to "put the game together and create all the visuals, coding, sounds, models, marketing and basically make the game flow and work. As well as manage and try to motivate the team."

    http://www.justadventure.com/Interviews/Limbo/SteveBovis.shtm

    The buck stops here.

  94. Re:Shakespeare was a Plagarist by The+Ultimate+Fartkno · · Score: 1

    What's in a game? What's in a game? That which we call "Oblivion"
    by "Limbo of the Lost" would look as sweet.
    And so would "Thief 3", were it not "Thief 3" called,
    retain that beautiful-texture mapping which it owes
    without that title. "Limbo of the Lost," lose that name
    and for those graphical assets which are not original
    take more screenshots.

    i feel i should begin apologizing now...
  95. Devil's Advocate - everyone here is wrong by lena_10326 · · Score: 1, Interesting

    Who owns the copyright to rendered images? The game manufacturer or you? After all, a screenshot of a rendered image created by a raycasting engine is not a digital bit-by-bit copy of the data model and textures built into the game. A screenshot is a recording of that unique perspective in the game that the player experienced, which is highly dependent on the actual graphics hardware of the PC and the settings for the hardware and software configuration. It also varies by time, position, viewing angles, and placement of other players.

    Let's say you love FPS games (Quake,Unreal,etc) and you build a website (with revenue generating ads) around awesome screenshots and movie recordings of insane frag sessions (see YouTube). Are you guilty of copyright infringement? No. So, why would these guys be guilty? They used screenshots of rendered scenes and therefore did not use exact digital copies of the textures on disk.

    If I use a raycasting engine and I set it up to raycast a scene, then I own the copyright to that rendered image, not the owner of the raycaster. It is the same here, however rather than specifying "sphere at x1,y1 and retangle at x2,y2", I am creating the scene by positioning the viewport.

    Let's take another angle on this. I write a movie script and I want to set it to animation, so I use an FPS game to act it out. I merge the audio and video and put it up on my for profit website. Am I guilty of copyright infringement? No. It's an original work using rendered images from a raycasting engine. (This has been done quite a number of times.)

    Before you use the "for profit" defense, know that for USA copyright law a violation without profit or without profit motive is still actionable by the copyright holder (see RIAA). Likewise, the inverse of profiting from copyright infringement is no guarantee of conviction. Profit is irrelevant in regard to guilt, but can be relevant with assessing damages awarded.

    Also, some will likely respond to this post saying conviction of infringement is not based on making exact duplicates, but rather is in the fact you made a low grade copy or used small snippets of the copyrighted data. That really doesn't apply here because a rendered scene is data generated on the fly driven by user inputs and configuration settings of the machine. It is not a duplication of the textures and models on the disk. It's not valid to draw a parallel between an exact or low grade copy of a song to that of a data model rendered to an image, because a rendered image is not a version of the model, but a low grade copy of a song is a version of the original.

    Last point. Is this game a derivative and thus potentially a violation of the copyright holder's exclusive rights to derivatives? No, because this guy's game uses no shared code. No shared model data. No shared textures. He used rendered scenes. If it were a derivative, then we could also apply this argument to compilers and say all compiler owners own the code you compiled, given that we're associating the raycasting engine to compiler and source code to scene setup. That happens to be an ancient debate: a compiler compiles source code to a binary, so who owns the binary? The compiler manufacturer or you? This ties back into the point of the previous paragraph. A work cannot be a derivative if it is not a version of the original--in part or in whole.

    Considering all of this, I'm going out on a limb here and saying he did nothing wrong and is completely innocent. And additionally, just about everyone here is off their rocker on this topic.

    Although, I still think he's a lame ass but that's irrelevent.

    --
    Camping on quad since 1996.
    1. Re:Devil's Advocate - everyone here is wrong by xsmasher · · Score: 1

      If you create a library of screenshots for non-commercial commentary, or for personal use, you are probably protected by fair use.

      But any time you're doing something commercial which is not news or education, you're pretty much screwed.

      (BTW, news or educational uses are not always protected by fair use either; if your use affects the market for the original, you are also screwed.)

    2. Re:Devil's Advocate - everyone here is wrong by lena_10326 · · Score: 1

      But any time you're doing something commercial which is not news or education, you're pretty much screwed.
      Not true. You're confusing commercial usage with assessing a violation versus assessing damages (after the conviction of guilt). Yes, it's considered upon figuring damages owed, but commercial usage doesn't make it more or less guilty. Commercial usage can be considered when judging if a defense of fair use is valid, but we don't need to fall back on that here because it's my contention that the game was not a derivative work.

      A screenshot of a desktop app is composed of controls drawn by the operating system. Those cannot be copyrighted so the remaining portions that are copywritable include illustrations, text, and logos. These guys didn't use those.

      Ok, there is the exception of the textures and they are indeed artwork but what if I take a photo of it? Let's change to the example of a sculpture created by you located in the park. When I shoot a photo of it, I own the copyright to my photo, not you. I say it's the same deal here.

      Let's simply it to a basic example. If I'm a Pac-Man fan, I can take a screenshot of my Pac-Man game and print a huge poster with it. I can sell the poster because I own the copyright to the image I created. The game put the dots on the screen, but I composed it.

      A screenshot is a photo of a live transient scene rendered by a raycasting engine capable of an infinite (or seemingly infinite) number of unique images. The player and the player's hardware is guiding the generation of the final flattened image of the scene, so the player owns the screenshots. That's the defense they ought to take if they're sued.

      --
      Camping on quad since 1996.
  96. Awesome! by Anonymous Coward · · Score: 0

    Those are all my favorite games! Finally somone's figured out to combine them all and create one AWESOME FUCKING GAME!

    HELL YEAH! Who's with me!?

  97. Re: Vanilla Ice by Anonymous Coward · · Score: 0

    Please call me Rob, Vanilla Ice was a concoction of the recording industry.

  98. Re:Shakespeare was a Plagarist by BlueHands · · Score: 1

    There are only so many plot stories that can possibly exist: boy meets girl, good vs. evil, overcoming adversity, etc. Those are all the same plot, right?

    --
    I mod everyone down who says "I'll get modded down for this." I hate to disappoint.
  99. Not a team effort by XiticiX · · Score: 1

    This seems to me like the work of one mis-guided 'artist' they hired, rather than an entire team's effort to attempt to fool the entire world. I would guess this 'artist' found the work too time-consuming so he just started taking screenshots of other games and throwing them in there. I highly doubt this was a concerted effort on the part of the entire team. It would be funny if it were though.

    --
    All is prevelant in the world...
    1. Re:Not a team effort by DragonTHC · · Score: 1

      oh, how mistaken you are.

      there's not only screen shots, there are identical 3d meshes. identical environments straight down to stuff that shouldn't even be in LOtL.

      this was definitely a team effort. You can't expect that one guy made the whole game.

      and someone's getting their ass sued. TriSynergy is going to try and get as far away from this as possible.

      I think TriSynergy should be sued for attemping to release a game that looks like a failed tech demo. Their trailers look as if QA was asleep at the wheel.

      Just horrible horrible work. Majestic Studios should prepare to clean out their offices. They cannot recover from this unless they pull a FFB.

      Ah yes, the Fast Florida Business. So coined due to how con men open up an LLC and bilk investors for a few months to a year and then disolve and open shop under a new name.

      Most of the time, they produce shoddily thrown together work like this just to prove they have a product. I've seen in like 20 times in the past 10 years.

      --
      They're using their grammar skills there.
    2. Re:Not a team effort by XiticiX · · Score: 1

      I thought this was only screenshots with a 3d character 'walking' around a 2.5d world...

      --
      All is prevelant in the world...
  100. Re: by clint999 · · Score: 0

    I'm incorporated myself, but that doesn't mean I'm pro-corporation. It does make me a bit of a hypocrite, but when in Rome you really do have to do as the Romans. That doesn't mean I can't lobby against the idea. Anyhow, it seems to me that a corporation on