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Illegal Sales Of Your Game

Started by December 31, 2002 01:19 AM
23 comments, last by ant-man 21 years, 8 months ago
Couldn''t download your game neither from lomax nor from softpedia.
Maybe they reacted or it is my browser.
They mention it''s shareware... you''re sure they aren''t selling the shareware version, right? Some companies do that.
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Depending on your contract, the fight might be between Spectrum Pacific and the others. If Spectrum subcontracted it, they are also losing money. It all depends on the contracts, but it''s possible that you aren''t entitled to anything. Check your contract carefully.

All in all, if you''re talking about hundreds of dollars, let it go. Legalities will cost much more than that in terms of time, money, and stress.

Author, "Real Time Rendering Tricks and Techniques in DirectX", "Focus on Curves and Surfaces"
Author, "Real Time Rendering Tricks and Techniques in DirectX", "Focus on Curves and Surfaces", A third book on advanced lighting and materials
Have you contacted their ISP:s and told them that they are selling illegal games?!? (Don´t know if it will help...)

I haven´t thought about protecting a game in this way before
(against a publisher), but there has to be alot of things that you could do without wasting to much time on it.

When you release a new game, make sure somehow that the user
who buy your game has to connect to your webpage (to pick up
a key file or whatever that´s been created when you got his
registration/money, your game maybe can do this during
installation for example) this way, if he hasn´t bought it from you, there won´t be any file and he can´t install it...

Then they will have a much harder time ripping you off.
You can always crack a game, but hopefully they don´t know how...

Always do some (even the simplest CRC is better than none) check
and things like that on text/grafik that includes copyright and
info about where to buy the game, your email..... so that people
that download the demo can see the link to your page, not to any
one else.

Good luck!

Sincerely / Freeman
Since the game was published 5 years ago, I don''t know why you are worrying so much.
[ PGD - The Home of Pascal Game Development! ] [ Help GameDev.net fight cancer ]
I know something you can do in future versions of your games that they do in Fan-subbed anime all the time. Just stick in your game somewhere -- anywhere -- that the game is freeware (unless of course, it''s not...) and then inform the player that if they had to pay for it, they are stupid =-)

If you don''t want your game to be freeware... sorry. Every software, video, and music company and the world has been scrambling to find a way to protect their products. However, the only tool is either very good product protection (CD keys, etc) or through the use of evil (hire a lawyer).

"You TK''ed my chicken!"
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I got some good new for you!

When you check the given webpage:
http://www.softdepia.com/games/arcade/powball.html

Click on the link "Powball: Statistics". And this is what you notice:

Powball
Games > Arcade
Author Lomax Software / Voeing
Downloads 16
Number of votes 0
Rating 0.0

Conclusion:
16 downloads is nothing. You don''t have to worry that you missed any or much income.

Advice:
By the way I could download the game. When you click on the link Powball download, the link is transfered to the site http://www.lomaxgames.com/. It''s not the Powball game. So the link isn''t right. You don''t have to worry. But on the site of Softdepia it''s possible to order, when you click on "Buy now for $19.95".

Lomax Software - Postfach 11 20 - D- 48482 Neuenkirchen / Germany Telefon: 0 25 51 - 91 93 72 / eMail: Lomaxsoft@aol.com

support@softdepia.com
LOL! Here''s a suggestion for you, disregard anyone who stereotypes all lawyers as evil because they have absolutely no idea what they''re talking about. Anyone experienced in this industry will tell you that there are quite a few lawyers who believe in the industry, who believe in developers, who wish to correct injustices, and who will do their best to help you out - in some cases for free.

Here''s another suggestion. If you''re game is being sold by a website that markets to US consumers you can write a letter to the ISP (use the Whois registrar database to get name and address) and cite the Digital Millenium Copyright Act. What the DMCA provides is that if they have actual knowledge that infringing material is posted or sold through their website they can be held liable. Most of this can be done by yourself, it just takes some time and research. A lawyer should only charge you $50 - $100 to write a detailed, case specific letter. The law of your country will determine whether punitive damages are available (damages above ''actual'' damages) in any subsequent litigation. Punitive damages are often provided for a deterrent effect, so that infringers do not manipulate the fact that victims know the cost of their litigation exceeds economic damage. Further, attorney''s fees may be available in subsequent litigation, whereby the cost of the suit is imposed on the infringer.

Last piece of advice, don''t take legal advice from a non-lawyer.

I reviewed the website myself and can tell you that the site is in half a dozen violations of international copyright and consumer law. You should not have too much problem if you do your homework and use the right language.

Good luck.
Questions about my post? You can email me at ahill@loah.biz.
What the hell is wrong with you people?

You''re bitching at ant-man like hes committed a crime or something. You say theres nothing he can do, that this happens all the time.

The problem is, your comparing PIRACY to what this is, which is corporate theft.

Yes its hard for companies to protect their software against people downloading it illegal and whatnot, but its pretty damn easy for a company to protect itself from someone SELLING it illegally.

Valve published Half-Life with Sierra. If suddenly UbiSoft started selling Half-Life, there''d be corporate hell to pay. Thats very different than someone downloading some MP3s illegally. Stop comparing the wrong thing.

And Ant-Man, have you contacted them at all (not e-mail, person)? It could just be a big mistake they''d be happy to correct.
Actually, Metallica went after Napster, which was, in a sense, "publishing" their material. It's a fine line between selling something illegally and having a business plan built around the illegal distribution of something. After protracted legal battles, you can still download songs.

Regardless of the semantics, the point was that some fights are not worth fighting, regardless of the exact nature of the crime. In that light, the comparison holds.

It's only damn easy to protect yourself when the stakes are high enough and you have a lot of resources. Your scenario with halflife is very different. In that case, both companies have reputations to uphold and stockholders (I think) to keep happy. A protracted battle between two large companies over an obvious infingement is not a good thing. If there was a fight, both sides have enough resources to fight it.

Ant-man's situation is different. It's possible he may have given up rights to the game (I don't know either way), and it's possible that the owners of the site might be very difficult to track down. Shady people can be VERY difficult and costly to pin down. Even if he won a suit, actually getting the money *could* be a protracted affair. The effects of time, multiple contracts, etc. make everything harder.

No, I don't believe Ant-man has committed a crime (to my knowledge). It's likely (although not totally certain) that a crime has been committed against him. The point was that these things can be painful and not always fruitful.

Sadly, the notion that "I'm right, so it will be easy to win" is not always true.

Author, "Real Time Rendering Tricks and Techniques in DirectX", "Focus on Curves and Surfaces"

[edited by - CrazedGenius on January 2, 2003 7:21:10 PM]
Author, "Real Time Rendering Tricks and Techniques in DirectX", "Focus on Curves and Surfaces", A third book on advanced lighting and materials

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