63 replies to this topic

[Smarty]

Wtf, they uploaded only my worst games
Combined they actually have almost 200 downloads there, lol. I didn't know they were uploaded, and I honestly don't mind - they're clearly saying I made them, and they're even linking to my blog, providing at least some traffic.

Yes. And at the same time, without your consent, they're getting advertisement revenue for all the ads viewed and possibly clicked because people went there and viewed and / or downloaded your game. It might not be much, but if their business plan is to simply redistribute as much software as they can then heck, all the page views will certainly add up. And they've found a very easy way to get as much software on their site as they can; not asking for permission.

[Anzkji]

Well, I don't mind them making money that I never would, but I just think it not unreasonable that I want control over the distribution of my games.

[Brawl]

Danke sehr!! I'd like them on there, but only after I finished them, and I POST THEM!

But... if they weren't finished, why did you post them on YoYo Games in the first place?

Well there is a demo section for a reason. Sometimes you want to release a game before it's complete to attract an audience. A ton of indie game makers do this. Minecraft has been our for three years almost and only just reached version one last month.

I find it annoying that no one has tried to get rid of that horrendous site... I think there is more legality in The Pirate Bay than there is here on Softpedia. I think that if they really want to have such a huge selection of software they should provide a link to the original download page. That way both sides benefit and they are in no position for legal action to be taken against them.

It's like they didn't even think of the legal options before jumping right to the annoying and illegal ones... >.<

[Anzkji]

This:

I think that if they really want to have such a huge selection of software they should provide a link to the original download page. That way both sides benefit and they are in no position for legal action to be taken against them.

If they did this, I would love this site. PETITION TIME!

[chance]

It's like they didn't even think of the legal options before jumping right to the annoying and illegal ones... >.<

What laws is Softpedia breaking? Please understand... I'm not saying they're legal. Because I honestly don't know.

They aren't selling these freeware games. They aren't claiming ownership. They aren't re-using copyrighted material in other products. And they provide a link back to the author's homepage (if available).

Like Smarty suggests, it may seem unethical to make advertising money by re-hosting other people's games. But is it illegal to re-host freeware "as is", if the author hasn't expressly forbidden it?

[NakedPaulToast]

It's like they didn't even think of the legal options before jumping right to the annoying and illegal ones... >.<

What laws is Softpedia breaking? Please understand... I'm not saying they're legal. Because I honestly don't know.

They aren't selling these freeware games. They aren't claiming ownership. They aren't re-using copyrighted material in other products. And they provide a link back to the author's homepage (if available).

Like Smarty suggests, it may seem unethical to make advertising money by re-hosting other people's games. But is it illegal to re-host freeware "as is", if the author hasn't expressly forbidden it?

Yes.

You can't distribute copyrighted material simply because the owner hasn't forbidden it, you need the owners permission. Softpedia is another site that is using DMCA has a shield, they earn income from ads, taking away ad income from sites that legitimately host the file.

They get away with it because of DMCA and because none of their victims lose a significant amount of money. So instead of having a few victims with significant damage, they steal from a lot of victims each with insignificant damage. But the pennies add up for their benifit.

They are akin to a bank stealing a few pennies from a lot of its customers. No single customer has been damaged significantly, but the pennies can add up.

[chance]

You can't distribute copyrighted material simply because the owner hasn't forbidden it, you need the owners permission.

We all understand this when it applies to using someone's copyrighted material in another game -- even free games -- whether or not the author is credited. Or when a singer performs a copyrighted song.

So I agree that applies here too.

But I raised the question because softpedia could provide nearly the same service without actually hosting the copyrighted material (as Brawl said above). By building their site around links to the source (instead of hosting), they could still have game reviews, show screenshots of the games, have game ratings,etc. All that would be considered "fair use" under the commentary and criticism clause.

In essence, they're still profiting by "using someone's copyrighted material". It's an interesting subtlety.

.

Edited by chance, 24 January 2012 - 12:44 PM.

[Smarty]

But I raised the question because softpedia could provide nearly the same service without actually hosting the copyrighted material (as Brawl said above). By building their site around links to the source (instead of hosting),

The proper way to do this is linking to the web page of the copyright holder containing the content. The improper way to do this is hotlinking, i.e. directly providing the download link. It is frowned upon in Internet land, not only because you're stealing away the page hits, but also because you're letting them handle the traffic for the downloads nonetheless.

For what it's worth, hotlinking isn't a likely choice a company like Softpedia would use, for at least one very good reason: they have no control over the actual content of the link. It may be removed, leading to pages with broken download links; it could also be replaced with something unrelated or malicious, which would be detrimental to the popularity of the website.

they could still have game reviews, show screenshots of the games, have game ratings,etc. All that would be considered "fair use" under the commentary and criticism clause.

You'll agree that game reviews with screenshots and ratings are, at least, content they have provided on their own and are therefore perfectly entitled to earn from.

Edited by Smarty, 25 January 2012 - 11:56 AM.

[chance]

But I raised the question because softpedia could provide nearly the same service without actually hosting the copyrighted material (as Brawl said above). By building their site around links to the source (instead of hosting),

The proper way to do this is linking to the web page of the copyright holder containing the content. The improper way to do this is hotlinking, i.e. directly providing the download link. It is frowned upon in Internet land, not only because you're stealing away the page hits, but also because you're letting them handle the traffic for the downloads nonetheless.

Yes, hotlinking is clearly rude. But it makes me wonder... for example, could someone legally operate a website by hotlinking games from other games websites, such as YYG or Big Fish?

Clearly, it's a sleazy way to leech off other people. And it's very impractical, as you pointed out. But so long as it doesn't duplicate other copyrighted material (such as website banners, logos, company names, etc) is it legal? I wonder if there are many examples of this.

You'll agree that game reviews with screenshots and ratings are, at least, content they have provided on their own and are therefore perfectly entitled to earn from.

Yes, that was my point. Those aspects of softpedia are justifiable -- not to mention perfectly legal.

[Smarty]

But so long as it doesn't duplicate other copyrighted material (such as website banners, logos, company names, etc) is it legal? I wonder if there are many examples of this.

It may be considered a form of republishing, and whether it can be deemed illegal or not depends on the jurisdiction you fall under. The answer is probably that it is permissible in some cases, but not in others. For example, a mere search engine such as Google provides both hotlinking and redistribution (cached pages) of your web content. But it must be said it's easy to opt out on particular pages by specifying the required HTML tag (search engines play such a central, indispensable role on the Internet that it makes sense that you need to explicitly opt out rather than opt in).

[orange08]

Softpedia has recently compiled all of my games onto 1 profile:
http://games.softped...ames-20609.html

What do?

augh, too bad they aren't linking to my blog D:

Edited by orange08, 26 February 2012 - 12:29 AM.

[ugriffin]

To be honest, for the free stuff I released a long time ago, I don't care who hosts it or redistributes it as long as they don't mess with the credits. There's probably around 15 versions of various things I made in sites like Softpedia, and I think it's great that maybe someone is still enjoying what I won't bother to host/update myself.

After all, I released that stuff for free for the sole purpose of hopefully entertaining someone. I won't lose sleep at night if Softpedia made £5 off the games or whatever, this stuff happens.

It's what comes with a free internet, you either accept it, or you fight an unbeatable battle.

[fawful]

I think we should make a huge fuss over this so that this obscure website gets more traffic and brings greater attention to our games it's ilegally hosting or linking to.

[emjeeman]

Who cares? All the YYG games that Softpedia stole are pretty bad anyway. I really found all of them to be awful, not more than 2 stars (out of five) in my book.

[Anzkji]

Thanks... >_>

[orange08]

Thanks, indeed... >_>

Anyway if they're uploading my games it shows they know quality when they see it.

Edited by orange08, 26 February 2012 - 11:30 PM.

[Desert Dog]

Softpedia has recently compiled all of my games onto 1 profile:
http://games.softpedia.com/progMoreBy/Publisher-Orange08-Games-20609.html

What do?

augh, too bad they aren't linking to my blog D:

Contact them and ask.

Sounds like I'm the only one here that actually submitted my game to them to be uploaded.

[Anzkji]

+1, orange! That's right!

[Anzkji]

You know, if you look at the most recently downloaded games, GM games are about 40, 50% of everything. I can doublepost, I have waited my 2 days!

[Retro3000]

Looks like I've been made a victim here as well. I've sent messages informing them that they do not have permission to host my games and demanding that my games be removed.

These jokers should be jailed.