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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.

9 of 147 comments (clear)

  1. Activision backed down... by Khyber · · Score: 1, Insightful

    Their DMCA wasn't even valid and I could find several things they ripped off in a 2011 sci-fi porno movie called Horizon (your sloped top rail on a gun ain't new, Activision.) As soon as I pointed that out, that DMCA mysteriously vanished and Orion was back on the Steam Sale.

    Looks like Activision doesn't want the fact that their game devs are stealing assets from non-game industries, specifically the porno industry, getting out.

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    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  2. Re:Activision are right by Khyber · · Score: 1, Insightful

    You think Activision is right but you're only looking at TWO sources, AND ignoring the fact that the DMCA filed was totally invalid as it didn't have required information.

    Look at a bunch of other sources, you soon see that Activision is the one doing the ripping off of assets. One model I can identify as a modified Unreal CAR (Right down to primary mesh vertices) and several textures were either ripper or 'enhanced' (I see several Rise of the Triad textures) and several gun pieces look to be ripped directly from a sci-fi porno called Horizon, done by Wicked Pictures in 2011, WELL BEFORE the 2015 CoD.

    Activision filed the DMCA instead of suing because they KNEW THEY WOULD NOT WIN IF THIS HIT COURT.

    Activision is wrong.

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    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  3. So send counter-notice. "C" in DMCA by raymorris · · Score: 3, Insightful

    > the DMCA does not cover (and which more would likely fall under copyright

    What does the author think the Digital Millenium COPYRIGHT Act covers, if not copyright?

    If the DMCA notice is wrong, the respondent should simply send a counter-notice and the game will go back online. Then Activision can decide if they want to sue in federal court. Reddit commentors who have looked into the facts say Activision is right.

  4. Re:This isn't the first time they have been accuse by Khyber · · Score: 1, Insightful

    The 'studio' (being like one dude, his girlfriend, and a couple of other randos) is known for parodying shit as well.

    You do have the education to know what a parody is, yes?

    The game is loaded with them. Hence, protected.

    This is why Activision tried DMCA instead of court, as they would have lost HARD. Not to mention their own violations would've been EASILY made known. I've already pointed out to them how similar various weapons look to a sci-fi PORNO from 2011, and told them I'd be quite interested in letting Wicked Pictures know that their assets were being digitally converted and sold as originals.

    Notice how quickly that DMCA dropped. Within the SAME DAY, if not OVERNIGHT at the latest.

    Orion's back up for sale - Gee, I wonder fucking why?

    GTFO Anonymous Activision Shill (Thanks Slashdot for a buggy interface that reveals IP addresses through a GreaseMonkey script! Shilling going on like a motherfucker in here!)

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    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  5. Re:"Artistic similarity"? by Anonymous Coward · · Score: 2, Insightful

    When Activision rips off real-world guns for their games it's "innovative".
    When anyone else does it it's "copyright infringement".

  6. Re:"QUOTE" By Warskull from reddit by Anonymous Coward · · Score: 2, Insightful

    You know you look ridiculous announcing your emotional problems, then attacking Reddit over what a small-subset of users did, on a site as far gone as Slashdot is.

  7. Re:"Artistic similarity"? by Dunbal · · Score: 2, Insightful

    Well, they all have triggers, stocks and barrels. Obviously they're a direct rip.

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    Seven puppies were harmed during the making of this post.
  8. Re:"Artistic similarity"? by msauve · · Score: 3, Insightful

    "they both copied from the M14."

    You've obviously never even seen an M14.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  9. Re:What next? by TheDarkMaster · · Score: 3, Insightful

    I fail to understand why someone can claim copyright on loose details where both models are obviously based on a real-life weapon. This is idiocy.

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    Religion: The greatest weapon of mass destruction of all time