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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.

6 of 147 comments (clear)

  1. 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.

  2. 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".

  3. 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.

  4. 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.
  5. 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
  6. 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.

    --
    Religion: The greatest weapon of mass destruction of all time