What do you do when someone offers your (free) game asking for money?

[EldKatt]

If anyone gets the idea that I'm calling everyone an idiot, sorry, that's not my intention. ("Just about everyone except Nikolas" doesn't mean "everyone except Nikolas: I assumed people would be able to decide for themselves if I was talking about them.)

Regarding the case in point, there's obviously a difference between theory and practice. Having exclusive rights doesn't mean that courts are standing by to help you protect enforce them, that is true. That said, I do not think my previous post was a misstatement of fact, and I am somewhat bothered by the certainty with which some people have made patently false claims. Thanks.

[Nikolas]

Hudders, I'm still waiting for an answer though.

In this case you get some games. The games, most of them, don't even mention they are freeware, do they? At least not all! Not in game. So you get a game, a decide to host it yourself, and then ask for money, as well as give it to anyone who wants it. (I don't care about the money issue).

Answer me this then: Is it within your rights to host MY mp3s, MY own created mp3s in your website? Or even worst charge for services of any sorts?

Even worst: You find an mp3 somewhere, anywhere. There is no license on the mp3 to mention it's commercial or not. There's no judge to tell you that you can judge from the mp3 that this is a commercial effort, or a free one. Can you host these as well? How do you know that a track named "girlfriend" is free or not? I assume it's free! Even if, btw, an artist named "Avril Lavigne" has a same name track...

I personally see absolutely no difference between the 3! Of course I don't have the facility to chase you down and smack you, heck not even Avril has, why do you think piracy is at such high levels?

Do you see the above are simmilar scenarios?
If so, do you see that, while there is a difference of budget, the law breaking remains the same?

In other words, what you are supporting is that:
i. Free don't have a value so they don't deserve much
ii. Free do not have money, so they don't stand a chance in court, etc.

I am honestly expecting an answer to this, please.

EDIT: The damage being done in this case is that freeware games are being coloured by a price tag. The "service " price tag, asked by the guy in the website. There is no money loss, but a freeware games creator, sure cares if his game is downloaded 1000 times or 100,000, don't you think?

[Frodo]

If you are the author of a game that is on that website, contact the webmaster and ask for it to be removed. Ask politely, be courteous. There is no point arguing the ins and outs of copyright law when nobody has even tried this approach yet. I'm sure that if the webmaster is a reasonable human being, they will comply with your wishes, (if he is an astute human being, he will ask for proof first).

If he didn't remove my walkthroughs when I asked him to, what makes you think he will remove anyone's game when asked?

[Hudders]

Look, I don't pretend to be an expert and Eldkatt, I apologise for being an idiot.

Nikolas, I'm not entirely sure what you're asking. I know it's the same thing, whether something is free or otherwise but I think people are jumping the gun a little bit with talk of copyright law and legal action. I don't see where it's going if nobody has bothered to contact the guy and nobody whose interests are being discussed has even weighed in on the issue recently.

Frodo, it's difficult to know whether he would or he wouldn't. That you didn't get any response whatsoever is a bit odd in my mind; I would try again if I were you.

[Frodo]

Hudders, I tried several times.  Each time, I got no response at all. 

[Nikolas]

Hudders,

The discussion that we're having is probably OT to the issue at hand.

What was said is that the only legal point that AGS creators, who don't want their games on his website have, is the copyright infrigment. That's all. You dissagreed, I explained and game a few examples (and challenged as well).

I'm not a control freak or anything, but since I see pretty much everyone bothered in here with this case, and the only obvious approach would be the copyright thing, I don't see any point not discussing it. Either way it's Alkis's job now, not mine to do anything, I'm just discussing some fine details about copyright. That you don't have to have a license in order to do anything or to prevent people from taking advantage of your creations. This kind of thing.

License in games is above copyright, and further to that. the EUL is more like a contract rather than a copyright reminder.

[EldKatt]

and Eldkatt, I apologise for being an idiot.

No harm done whatsoever.

[Hudders]

What was said is that the only legal point that AGS creators, who don't want their games on his website have, is the copyright infrigment. That's all. You dissagreed, I explained and game a few examples (and challenged as well).

I'm not saying that copyright infringement isn't the legal point in question, I'm debating whether that legal claim has any weight in the real world and whether from a legal standpoint, the guy could be currently in the right, having not been requested to remove the item from his website.

It's a rocky road, copyright, and if something can be done without resorting to expensive lawyers, it should be. I think you would have difficulty arguing to a judge that you have lost anything by your game being on that site anyway.

As a general rule, I'd say that people should put copyright notices and EULAs on their products because it helps avoid these situations in the first place. I know you don't need one but I think in most situations it's more preferable than having your stuff ripped off to start with. I'd also say you should put the AGS website address in - if more people knew about the wealth of games here, they wouldn't continue paying the "free game" website for things that are actaully free.

[Nikolas]

I'm not saying that copyright infringement isn't the legal point in question, I'm debating whether that legal claim has any weight in the real world and whether from a legal standpoint, the guy could be currently in the right, having not been requested to remove the item from his website.

I believe it does and thus the whole "debate". Of course it's a light weight. Also just because somebody didn't ask him to take it down (which I believe at least Frodo has done so already), it doesn't mean that they should be there. You're not fine, even if illegal if somebody doesn't stop you!

It's a rocky road, copyright, and if something can be done without resorting to expensive lawyers, it should be. I think you would have difficulty arguing to a judge that you have lost anything by your game being on that site anyway.

Again, I think it's quite the opposite, though nothing like this would end up in a court. Should the judge know about this, he would just order the guy to take the games down, the end. Just because it's the creators right to say and do so! Not the guys right to have it on.

But again the discussion has escalated, I hope the guy will be reasonable enough to remove anything that does not belong to him, or at least the things that he's been asked to! Alkis should take care of this at some point, I believe.

As a general rule, I'd say that people should put copyright notices and EULAs on their products because it helps avoid these situations in the first place. I know you don't need one but I think in most situations it's more preferable than having your stuff ripped off to start with. I'd also say you should put the AGS website address in - if more people knew about the wealth of games here, they wouldn't continue paying the "free game" website for things that are actaully free.

This is a fine advice I say. I do have a note in my website regarding copyright of all contents, etc, and all mp3s are signed to me. not that it is 100% necessary, but it makes things easier as well "hey! Who made this music? Oh it's nikolas-sideris.com! Let's hire him!", etc...

[Nikolas]

Yes, yes, more than 120 days...  :o

So, any news on this, anyone?

The AGS games are still up!

Reason I'm bringing this up, is that I'm having the exactly same problem with my scores. Someone is SELLING services and has my scores in. Which means that some people may get tricked and buy a subscription in order to get ahold of my scores, even if they can be found free elsewhere.

So, any news?

[Trent R]

Wow! Just skimmed through this topic, and I too would be interested in the progress that's been made.

~Trent

[Invalid]

what would i do? Death camp for them!