7 Days To Die DMCA Takedown / Ban on Steam Over Unity Store Acquired Asset
I guess The Fun Pimps subscribed to a zombie character in the asset store that turned out to have been taken from Tripwire Interactive’s Killing Floor Game and sold by some criminal without anyone’s knowledge in Unity Asset Store.
Now I personally have seen that the good folks at Unity takes copyright infringement 100% seriously and immediately take down assets that have been reported as infringing someone copyright and such.
But still its both sad and shocking when one here about an small indie game company that is just starting out having their first game being hit with DMCA takedown and banned from Steam over an asset that they acquired in the asset store that so many of us love and use gotta hurt.
Part of the story here is the developers had removed their contact information cause of the wild success their game experienced just after successful KickStarter campaign and part of it has to do with them taking to long to replace the infringing work.
Here read about it, learn and as always be vigilant…
i know it sort of happened like 5 days ago, but hey i just found out about it and i didnt read anything here so i thought it would be good to know… and just keep an eye out and help keep the store safe for all…
and by the way if anyone had any doubts about unity engine and what kind of great games can quickly be put together with it they can just look at 7 days to die. cause its quite a fun, addictive and innovative game to play. even in like proof of concept stage/very early access. hey i bought a copy
This is not good at all… To the cretin that is responsible for illegally stealing and selling the asset on the Unity Asset store, may you rot under the devils ass for eternity.
Jeez, that’s a bit harsh. Think you need some balance in your life?
That said it’s many of the assets are highly derivative, when not outright theft of existing work, so you better vet your assets bought in the Asset Store before your game becomes a hit.
I also think whatever ‘popularity’ that game had that was booted from Steam in liable because it used a well known characterization from an already popular game. If the booted game has any merit then perhaps Steam will allow the developer to replace the asset with another. Then again, maybe not, because what’s to prevent ‘willful theft’ to gain notoriety and then swap out assets once called out on it? Steam would be wise to avoid that type marketing ploy.
Sure, but that’s a little beside the point. Steam kind of have no reason to not allow the game to swap the content out, but they can’t leave the game up in the meantime - that bit isn’t their choice.
What surprises me is that the Killing Floor developer hit them with a takedown. I’d have expected a “cease and desist” with a timeframe to come first. Perhaps it did, or there’s also something else going on? But also perhaps not.
i think what went on was 30-60 days and asset was not replaced, 7d2d did not respond with bunch of lawyers screaming bloody murder it is the same. so its like goliath v david and david was playing around. didnt show up to fight with his slingshot cause he was playing video games.
from what i remember of the twi lawyer interview
as soon as said asset is removed and things are worked out between the parties they should be able to eventually get back on steam
still its lost time, diversion, offset by some free press.
on the side dmca is sort of has chilling effect. i mean the thing didnt even go to court, one party basically files against another, surprise. and your stuff is taken off without you even being able to go to a court and have a judge make a decision. i mean the models could be the same, but perhaps they are not. in past it was judge and jury now its sort being replaced by system that could easily be abused/predatory i think. could it have been some company in some other country, i guess so. dmca is just starting to be played out i think. eventually the big companies will use it to stump out the little guys. basically you get your product pulled you will not be able to have sales. no sales no money even to defend yourself. so you settle / remove the asset, ect. whatever they want to just get by.
i dont know the details of this case, but i can see the law easily being abused to stump out competition, ect.
you sort of see that with patents. the big guys have huge portfolios that they keep spending money on. many times just so they can have mutually assured destruction and to keep some other big guy form going after them. so microsoft makes deal with apple dont go after me i dont go after you. litle guy he gets eaten alive.
same for gaming assets. studios like ea have giant asset portfolios. easy to go after little indie saying your zombie looks like our billion zombies. now it would never have held up and court and if we had looked at the zombie it looks like one from an old 60’s movie ect. but it dont matter ,its game over for indie.
i mean did they even do a diff against the model. and so what if they were like similar. you can have two tables look about the same, but two copies independently crafted. its just how tables could look. no knowledge, intent, ect proven. same with dresses, songs, ects. hey it depends on apple v samsung and is edges rounded the same way…
so our systems are like broken / spiked as well… every body knows that the patent system here is a bit of a joke. cause its gamed… i guess he who has deeper pockets wins / defines reality…
7d2d mistake was to take too long to replace. they blew it off without having hire guns representing their interests. then again who would spend $10k / month on a single lawyer when you can replace the asset for far less…
so that is my take on it. not based on this case alone, but sort of summing what i see
perhaps what we should have is our own peoples court and have a group of professionals be like a jury of their own peers should get both models, etc and do a forensic comparison and publish honest opinion / results as to whether its true copyright infringement or not.
i ask the jury to look at the pictures carefully, focus on the face and hands. case close public domain… now throw the bums out of my courtroom i gotz go play SoD
It’s not really that sad.
Bear in mind that the folks that had their IP used without permission is a small indie company as well. More importantly the infringing company (The Fun Pimps) had been contacted, stated they would replace the asset months ago. The DMCA take down wasn’t a surprise or out of the blue, it was a last resort. This would have been a complete non-issue if they just acted appropriately when it first came up.
Well in that case what else were the TKF guys to do? If they gave plenty of notice and weren’t even responded to then this seems pretty reasonable. They genuinely believed they were being infringed, they likely had no idea where the model came from, they tried to talk, they were ignored. THey took the next reasonable step, which was to use the same copyright enforcement system that’s available to everyone else.
Likely all the 7D guys had to do in the first place was communicate.
Edit: Yeah, I agree with zombiegorilla, who likely knows more about the situation than I do.
The model was from the SDK. Everyone involved acknowledges this. It isn’t a case of something looking similar, this is the same asset. It is 100% cut and dry copyright infringement, that is not in dispute. The issue is that they ignored/drug their feet on removing the asset.
but who really knows. other than taking one side or the other at face value. i dont have access to any of the raw information. im not party to it. non of us are
all we can do is like a parrot
no court system as far as i know has ruled on it.
all im saying is putting aside this case which we really know nothing of by what we hear and read which all could be wrong. i mean spin
in general dmca could be abused. cause it sort of hammer before a verdict by judge and jury. you kill the person first and then you try them.
so who knows who is infringing and if there is any infringement at all. i have not heard the full facts. i get nothing but spin all day and night.
ive not studied the models. leading industry experts in the field have not studied the models and spoken from their expertise
so its like hearsay i think at best. sure we have lawyer from one side doing interview, but i see lawyers yapping all the time. one side comes out and says the evidence will show that my client is completely innocent of the bla bla bla. the instant later the other side comes out and says the evidense will show will show that the perpetrator is guilty of the crime beyond a shadow of the facts bla bla bla
so they spin. and show knows non of us will see the evidence. both sides will fight to keep it out of our hands. and will fight to release the evidence that makes their argument win and will fight to hide the evidence that will make their argument lose. here at least we can all examine the bloody murder weapon. we can instead of just taking one side as being truthful and the other side as lieing to us. we can use scientific method /processes to study it and come out our conclusions. we dont have to rely alone of bias testimony.
see science is not based on what we read and hear alone. its based on independent verification. someone publishes something and we are able to verify it on our own and publish our own findings. and have it repeated over and over until we have like a consensus by the community. so we have all these people and they have independently all looked at it and come to a consensus as to whether its true or false or this way or that way.
its not based on what some paid biased spinster tells us.
so i would start by looking at the textures, models, animations. ect. and work from there. then publish the findings. let others do the same and repeat until we have enough people looking at it independently and coming to some agreement as to whether or not it is or not is.
parroting is like cheating, copying and like not doing your homework
it cheapens the results. cause nobody did the homework
so instead of repeating get the models and take a look
everyone here should be qualified
lets not be lazy and repeat
that is not good science… and not good way to determine facts.
how do we know do we have it like on tape. i want to see the videos. lots of times parties agree to something not because its factual but because its less expensive then fighting. its just business. no company that i know would spend $50k defending something they could resolve for $1k. they would eat it. but its not because the $1k was the correct thing its becaues its the correct business decision. investors saying im not going to give you $50k for you to waste on fighting on something you could have resolved for $1k and delaying my ability to get my money back while you fight your case… so what have no sales for 1y or more while you fight it out. what if the losing sides wants to appeal… it could take years and easily pass $100k. its war of attrition… he with bigger pockets wins. usually without even firing shot.
I wonder what happens if the game is distributed on DVDs. One does not simply get them back, replace the models and produce them again. I assume they didn’t know about the asset being stolen and they couldn’t know either.
Youtube has a video fingerprinting technology built in, you upload a video and it’s video and audio fingerprint are checked against a database of copyrighted works. Would a similar approach work for 3D assets?
As there is no way I would be able to check an asset store model is kosher and not ripped out of another game that I am unaware of.
Without people registering their raw assets, I doubt it would be easy - simply put how do you get access to the models before they are ripped to know they are ripped?
