Adventure Game Studio

Community => General Discussion => Topic started by: Hernald on Mon 18/02/2013 16:29:37

Title: softpedia putting our stuff on their site - what do people think?
Post by: Hernald on Mon 18/02/2013 16:29:37
This has been mentioned before in passing. Softpedia have put my game and about half a dozen other recent AGS games on their site in the last day or so.
I'm fine that it gets to a wider audience with the possibility of more feedback, but I think it's a bit cheeky doing it without asking me first. Their site has adverts so I suppose in some small way they are profiting from my work.
Any other opinions?
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: kconan on Mon 18/02/2013 16:45:03
  When I released my game back in August, I asked Softpedia and Gamershell if they wanted to put it up.  Both were cool about it, and Softpedia actually played the game and put up their own screenshots.  A few months later I noticed my game had spread to a bunch of other freeware/shareware sites, which I thought was odd but I was ok with it.  Yea, I think they should ask permission first.  I only notified one of the sites where someone else had put their name in the "Game Author" field and I didn't like it.  They took the game down immediately, though without explanation or any kind of reply.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: DoorKnobHandle on Mon 18/02/2013 16:50:57
Legally, if you upload your game for free without a note saying you don't allow re-distribution, you can't come back and complain about that happening.

Ethically, it's a bit of a gray area, although when it comes to free games, I think the benefits of having more people know and play your game outweigh the issue that the sites themselves might make a small amount of money because of advertisement money. After all, if you upload your build to a third-party hoster, most of them have ads too. If you upload a trailer to Youtube, they get money from that (assuming you don't have a partnership yourself).
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Hernald on Mon 18/02/2013 16:56:49
Yes, I don't know what I'm bothered about! Free publicity, I shouldn't knock it!
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Radiant on Mon 18/02/2013 16:57:25
Your game gets extra attention for free, what is the problem here?
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Hernald on Mon 18/02/2013 17:45:42
No problem. Carry on. Forget I said anything.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Anian on Mon 18/02/2013 18:51:40
Quote from: Radiant on Mon 18/02/2013 16:57:25
Your game gets extra attention for free, what is the problem here?
In this case it's probably not a problem, but lesson is to control where your game is available, just so nobody tries to charge money for a game you made available for free. And so you don't end up with problems if users can't play it, computers get damaged/infected, people ask for their money back etc.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Icey on Mon 18/02/2013 18:53:19
Awesome description but very miss leading

QuoteLearn to fight in this addictive combat game

Pub Master Quest Legends is a training game where you'll be able to practice your combat skills, In order to play you must first create an account. All instructions are in-game.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Jaffles on Mon 18/02/2013 22:15:09
Bah, I asked these people to take my games down last month. They did, but looks like they've put them back up again without asking. I'd be less inclined to be angry if they bothered asking first, but as it stands they're siphoning off downloads from our AGS Pages, not to mention making money off our games.

I'm asking them to take my games back down, and I'd encourage others to do the same.

They can be contacted at gameseditor@softpedia.com in case anyone agrees with me.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Stupot on Mon 18/02/2013 22:33:05
I don't think it's that big a problem.  Your games are reaching people that may never have heard of AGS.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Jaffles on Mon 18/02/2013 23:02:06
Quote from: Stupot+ on Mon 18/02/2013 22:33:05
I don't think it's that big a problem.  Your games are reaching people that may never have heard of AGS.

While that is true, I'd rather be in control of who is distributing my work. Plus, if we allow them to take our work without even asking for permission, it seems like it sets up a bad precedent.

It's not the end of the world, but I personally would feel more comfortable if my games were only on websites that I give permission to host them. At the end of the day that's only my opinion. Others are free to do what they want.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Andail on Tue 19/02/2013 09:57:14
I remember when like hundreds of AGS games appeared on some sort of compilation CD that some site was selling. I think that's a step too far, but just having your game listed on various websites is probably something you'd expect when releasing it for free.
All major sites have ads; that's just how they survive.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Nikolas on Tue 19/02/2013 10:12:59
Quote from: DoorKnobHandle on Mon 18/02/2013 16:50:57
Legally, if you upload your game for free without a note saying you don't allow re-distribution, you can't come back and complain about that happening.
You're kidding right?

No matter what you say the copyrights remain with the author (creator) and NOBODY has the rights to... copy...

It's simple as that.

So legally speaking they have absolutely no right to do that.

Now, normally there's no reason to complaint, as others have said. but legally I repeat that they do NOT have the right to do that. Legally it's a step too far!
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Radiant on Tue 19/02/2013 11:10:34
That depends. If you release your game as freeware (which many of us do), then it is freely distributable, and that means that any site may freely and legally choose to host it (but not sell it).
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Le Woltaire on Tue 19/02/2013 11:45:39
Most serious magazines and websites ask you before they release stuff.

My games were published by the magazines ComputerBild, Chip, Level, Escapist and some smaller ones on DVD so far
and they always asked me very formally if they may do this.

I tend to give them the kryptic answer:
"Please send a free copy of the issue to every person, who has participaded in making the game."

But nobody ever got anything...
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: AGA on Tue 19/02/2013 11:47:43
Places like Softpedia are very useful for finding older, hard to find software, where the actual developer may no longer be hosting the files themselves.  It would be nice if they contacted everyone to ask for their permission before mirroring their files, but in reality they'd spend all their time sending and answering emails to random people (assuming said people actually post their contact details) asking for permission.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: cat on Tue 19/02/2013 12:24:22
Quote from: Radiant on Tue 19/02/2013 11:10:34
That depends. If you release your game as freeware (which many of us do), then it is freely distributable, and that means that any site may freely and legally choose to host it (but not sell it).
Thanks not true. Freeware only means that you do not charge for it. You still maintain all rights on the game and its parts (story, graphics, music). There was a PR thing where I obtained "The Shiva" for free. Does this mean that I can distribute it now whenever I want? No!
Only if you release your game into public domain you lose all rights connected with it.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Andail on Tue 19/02/2013 12:38:08
Quote from: cat on Tue 19/02/2013 12:24:22
Thanks not true. Freeware only means that you do not charge for it. You still maintain all rights on the game and its parts (story, graphics, music). There was a PR thing where I obtained "The Shiva" for free. Does this mean that I can distribute it now whenever I want? No!
Only if you release your game into public domain you lose all rights connected with it.

I don't think the fact that you were given Shiva for free automatically makes it freeware.

But I agree with you about the Public domain; it's basically the only label that gives anyone the right to distribute or copy the work freely.
"Freeware" as a term doesn't mean very much, it's all in the license. Without a license, normal copyright laws are in effect, meaning you can't just copy something as you like.
Maybe we should be more careful about writing software licenses for our games.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Radiant on Tue 19/02/2013 12:46:14
Quote from: cat on Tue 19/02/2013 12:24:22
Thanks not true. Freeware only means that you do not charge for it. You still maintain all rights on the game and its parts (story, graphics, music).
Freeware traditionally means that it is freely distributable. Just because you were given something for free (e.g. the Shiva) doesn't make it freeware.

Public Domain legally means that not only is it freely distributable, it also means that everybody can do whatever they like with it, including use it in their own products, charge money for it, or even disassemble it and replace the author's name with their own. There's a reason why not a lot of software is public domain.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Stupot on Tue 19/02/2013 13:01:56
The fact is, even AAA commercial games companies can barely control where their games end up, so there is really no point fretting over it when the game is free.  There are more positives than negatives when a game that you've worked hard on and released into the wild for free is finding different places to thrive. Of course everyone wants to feel they have a certain amount of control as to where their baby ends up, and  of course, the sites should ask permission first. But as long as they are not selling it, or claiming any kind of ownership, then the problem is really miniscule.

Sure they might make a bit of money from the advertising... the amount of money they get from one page with a handful of visits per day is almost negligible. I wouldn't lose much sleep over it.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Azure on Tue 19/02/2013 14:30:51
Has anyone who opposed tried putting an obvious disclaimer " Don't redistribute without permission?" and see what happens? I also recommend adding in a " if you didn't download this from the AGS site report it to me" message in the game folder too.
That said it looks like they have an automated feed somehow from AGS ( http://www.softpedia.com/user/help.shtml#softwaresubmission ) if you look at the submission thing it seems someone ( or they) have set up the feed from the AGS database and it's grabbing the games automatically. In which case it may need an AGS admin to sort it out, that said if most people are happy with the situation would it be possible to have a 'omit game from RSS feed' option that lets people reduce the chances of their games getting taken?
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: Nikolas on Tue 19/02/2013 15:17:03
Quote from: Radiant on Tue 19/02/2013 12:46:14
Quote from: cat on Tue 19/02/2013 12:24:22
Thanks not true. Freeware only means that you do not charge for it. You still maintain all rights on the game and its parts (story, graphics, music).
Freeware traditionally means that it is freely distributable. Just because you were given something for free (e.g. the Shiva) doesn't make it freeware.

Public Domain legally means that not only is it freely distributable, it also means that everybody can do whatever they like with it, including use it in their own products, charge money for it, or even disassemble it and replace the author's name with their own. There's a reason why not a lot of software is public domain.
I think I should make my post with more bold letters in, or larger font size!

I'm talking ONLY from the legal point of side.

Theoretically it's impossible to stop distribution once you start it as a freeware (or a free mp3), and this is where CC licenses come in: They mention what we all know: That anything downloaded under the CC license REMAINS as such and can be redistributable. That's why I never liked CC!

The point is that regardless of what you offer and how you offer it, it doesn't take away your legal rights on the art item! You will have an extremely hard time implementing your wishes to anything freeware, but it IS yours legally.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: ddq on Wed 20/02/2013 01:53:22
The player played the game, that's all that should matter.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: SSH on Wed 20/02/2013 02:34:17
Quote from: Nikolas on Tue 19/02/2013 15:17:03
Theoretically it's impossible to stop distribution once you start it as a freeware (or a free mp3), and this is where CC licenses come in: They mention what we all know: That anything downloaded under the CC license REMAINS as such and can be redistributable. That's why I never liked CC!

The point is that regardless of what you offer and how you offer it, it doesn't take away your legal rights on the art item! You will have an extremely hard time implementing your wishes to anything freeware, but it IS yours legally.

You can't prevent redistribution whether you offer if for free or not. DRM may make it slightly harder but it doesn't stop it. CC is simply recognizing this fact but (optionally) providing a legal framework to enforce the prevention of commercial gain, derived works and unattributed use.
Title: Re: softpedia putting our stuff on their site - what do people think?
Post by: MurrayL on Thu 21/02/2013 01:19:26
For what it's worth, I was contacted by Softpedia when they added my games to the site. The email said what was being put up, had a link to the page, and an email address to contact if I wanted them to take it down.

All the games are fully credited to me (with links back to my site), so I don't see any problem whatsoever with them having them up there. Just gives me a wider audience for free.