Slashdot Mirror
Activision Abuses DMCA To Take Knock Indie Game Entirely Off Steam
Reader He Who Has No Name writes: We've seen brain-dead, overzealous, and entirely over-automated DMCA takedown requests bring down music and videos, but this may be the first case of an entire video game being knocked out. Earlier today David Prassel, creator of Trek Industries and developer of the not-without-controversy ORION: Dino Horde / Prelude and the early-access Guardians of ORION, posted that his current project had been entirely removed from Steam after a questionable DMCA allegation from Activision. Prassel explains further, "We've made Steam our primary platform, but this has put a definite scare into us going forward considering our entire livelihood can be pulled without a moment's notice, without any warning or proper verification. I cannot even confirm that the representative from Activision is a real person as absolutely no results pop up in any of my searches." Image comparisons against at least two of the weapon models claimed to be infringing were posted by Prassel and in at least one thread on a forum.
What's more, it appears Activision is alleging not a vertex-for-vertex and texel-for-texel theft and duplication of the Call Of Duty: Black Ops 3 2D -- 3D art assets, but in fact an infringing artistic similarity and design of separately created art content -- something that the DMCA does not cover (and which more would likely fall under copyright or possibly trade dress). Since this takedown falls directly in the middle of the Steam Summer Sale -- which probably is not a coincidence -- it will profoundly impact Trek Industry's potential sales.Polygon has more details.
What's more, it appears Activision is alleging not a vertex-for-vertex and texel-for-texel theft and duplication of the Call Of Duty: Black Ops 3 2D -- 3D art assets, but in fact an infringing artistic similarity and design of separately created art content -- something that the DMCA does not cover (and which more would likely fall under copyright or possibly trade dress). Since this takedown falls directly in the middle of the Steam Summer Sale -- which probably is not a coincidence -- it will profoundly impact Trek Industry's potential sales.Polygon has more details.
(Since this may influence your view on this)
"Are we sure this is abuse? The dev behind Orion has a sordid history and a history of lying. I wouldn't put it past him to steal assets.
Remember this is the guy who change his game's name three times to dodge badge metacritic scores. After getting $20K from kickstarter, he failed to pay his developers and then fired them all.
He also has a history of stealing assets. He got caught stealing the armory model from NS2 (has since took down the videos and removed it), stole a T-Rex from Primal Carnage (and tweaked it a bit), and it was suspected weapon sounds were stolen from Counter-strike.
This looks to be a legit use of the DMCA."
Hi, manishs! I know you're relatively new here, but can you please try to put some care into editing the submissions you post?
The title for this one is obviously fucked up: "Activision Abuses DMCA To Take Knock Indie Game Entirely Off Steam".
That should be either "to take" or "to knock", but not "to take knock".
We don't have high expectations for the editing here, of course, but mistakes like this are bad even by the very low standards we hold Slashdot to.
Please, try to be just slightly better than Timothy and the other former editors were. Please!
Are we sure this is abuse? The dev behind Orion has a sordid history and a history of lying. I wouldn't put it past him to steal assets.
Remember this is the guy who change his game's name three times to dodge badge metacritic scores. After getting $20K from kickstarter, he failed to pay his developers and then fired them all.
He also has a history of stealing assets. He got caught stealing the armory model from NS2 (has since took down the videos and removed it), stole a T-Rex from Primal Carnage (and tweaked it a bit), and it was suspected weapon sounds were stolen from Counter-strike.
Take a look at this:
http://i.imgur.com/ZQeBNGs.png
Direct copy of CoD assets, like it or not.
Yeah I was confused... a drum magazine versus a bullpup... different textures... maybe a computer artist can chime in with how one could look stolen from the other?
The things they shared on the post are not the same that were reported, I was reading on reddit about this and there is a pretty good comparison of various assets as well as some history of the company, their shady business and other things they have done.
http://i.imgur.com/ZQeBNGs.png
https://www.reddit.com/r/pcmasterrace/comments/4q6xo5/activisions_dmca_claim_on_orion_is_legit_orions/
This content was STOLEN from activision by these dodgy crooks and polygon used the worst pics.
Here are some better ones.
https://np.reddit.com/r/pcmasterrace/comments/4q62te/we_need_help_getting_the_word_out_activision/d4qnlgy?context=3
The top rail and sight assembly are identical, too identical to be a coincidence.
But that's because they both copied from the M14.
The PCMR subreddit seems pretty sure the DMCA claim was legit. The similarities shown in the thread are striking, to say the least.
https://www.reddit.com/r/pcmasterrace/comments/4q6xo5/activisions_dmca_claim_on_orion_is_legit_orions/
"...something that the DMCA does not cover (and which more would likely fall under copyright..."
Copyright is exactly what the DMCA covers. It is, after all, the Digital Millennium Copyright Act. The submitter seems very biased. There are comparison pictures on reddit (and now here) which clearly show infringing content.
"National Security is the chief cause of national insecurity." - Celine's First Law
Ignore the textures which are mostly from the Unreal Engine base assets on the Orion guns.
The Orion guns are made up of the same base components as the Activation guns but mixed/matched and are vertex for vertex copies. For instance Barrel from A and stock and sight from B. There are plenty of better comparisons with screenshot examples on the Steam blog/article's comments.
[The Universe] has gone offline.
"The guy copied sections of the model vertex for vertex."
Nope. Try actually being a game dev and having the tools to check for yourself.
Mesh is almost identical except there's no identical scaling match done, which means it was made by hand.
Activision's textures were ripped from other games. I can see at least two ROTT textures and at least two rip-off mods of the id Doom UAC logo, one of them being directly on the gun itself (Actually, it's closer to the Quake I door in design.)
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
https://i.sli.mg/xpIy1W.png
This one is pretty damning for Orion
IANAL but given my understanding of DMCA provisions:
Most likely the chain of events is actually...
1) Activision file DMCA with Steam
2) Steam take game down
3) TREK Industries file counter claim with Steam
4) Steam under DMCA rules have done their part with the initial takedown and respect the counter claim and restore content.
Next step is Activision have to file full court proceedings which will take a little time. Of course TREK have set themselves up for full on collapse if their counter claim is proven to be invalid or fraudulent but given the junk status their game already had I suspect its a cut and run situation for them. That is if Activision feel that the additional legal costs are worthwhile.
[The Universe] has gone offline.
This gif is good switching between the Orion and CoD model:
http://i.imgur.com/pVDLi5L.gif
I was ready to come down on their side, but after seeing the screenshots it clear they stole the asset, now they're lying and trying to play the victims.
Takedown was legitimate. No sympathy.
http://imgur.com/a/O5Fj4
It's a direct lift. Probably "vertex for vertex". Definitely a copyright violation.