63 replies to this topic

[Anzkji]

Alright, here is me, and here is something I found. I never posted anything on Softpedia, so naturally, I was shocked. I tried searching for other members' creations on Softpedia, when I noticed that none of the links for stole games worked, and they didn't show in search results. Then I tried it in Google. That showed up. So why would there be hidden/dud links in Softpedia, that only show up in a third party search engine? I'm wondering if thishas happened to anyone else, and also if anyone knows why and who.

Thanks,
mangosteenGames

EDIT: the link to the hidden Softpedia site is broke! Here is the URL: http://games.softped...ames-24887.html

EDIT EDIT: I'm flabbergasted. The URL doesn't work either!


MOD EDIT : Fixed that URL as you seemed to be having problems...

Edited by Nocturne, 21 January 2012 - 12:57 AM.

[Loaf]

Softpedia site is broke! Here is the URL: games.softpedia.com/developebr/mangosteenGames-24887.htmlEDIT EDIT: I'm flabbergasted. The URL doesn't work either!

Thats because you added a space in the link and an extra B in developer.

I always thought Softpedia listed software without asking but you can ask to have it removed? Its hardly stolen if its your games credited to your group. They are just listing them.

Edited by Loaf, 21 January 2012 - 12:37 AM.

[orange08]

Yes, this has happened to me, I don't really care though.

Links:
http://games.softped...umper-Men.shtml (Jumper Men is a real old game of mine that is actually no longer on YYG)
http://games.softped...he-Ugly-2.shtml (Saga Of The Ugly 2 is the game I collaborated with Bret Hudson on)

[Anzkji]

Alright, I had a suspicion that they auto-loaded them.
Thanks, I was freaked out when I saw them. Just why did they change the description, do you know?

[Brawl]

Whether you care or not isn't the issue. It is 110% illegal to do this. They've been doing it for years and there needs to be an end to it. That is your game and they are not permitted to distribute it without your permission.

Correct me if I'm wrong. I actually could NOT find in any part of the EULA that the game is your property, but I do believe you have a copyright through YYG on anything that you create that is within the Terms.

Whether you do posses some form of copyright over the game or not, it is still unethical to steal...

[Robert3DG+]

I actually could NOT find in any part of the EULA that the game is your property, but I do believe you have a copyright through YYG on anything that you create that is within the Terms.

What the hell does this even mean?

[Brawl]

I actually could NOT find in any part of the EULA that the game is your property, but I do believe you have a copyright through YYG on anything that you create that is within the Terms.

What the hell does this even mean?

It means that I looked through the Game Maker EULA and couldn't find any evidence that the games we create are under any copyright, or even our own property. I may have just missed it though. Somewhere it should explain the copyright and possession rights of the games we create... If not it should probably be revised to do so.

[Robert3DG+]

The instant your began writing, drawing coding something it is automatically considered your copyright.

In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights.

[Brawl]

The instant your began writing, drawing coding something it is automatically considered your copyright.

In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights.

Awesome. Wasn't aware of that. Thank you. That does indeed make what Softpedia is doing illegal. Too bad no one cares enough to get it shut down for stealing. Megaupload got shutdown and the owners arrested, so the same thing should happen in this situation in my opinion.

[JacksonYarr]

The EULA is certainly an interesting read. All the liability lies with the games creator, however YoYo Games retain some control over the executables - for example:

"3.3. Neither you nor any third party may modify, adapt, decompile or reverse engineer the Games."

In reality this is just to protect the GameMaker runner that's bundled with the executables (Which we don't own) - but it's just one of many examples that we don't completely own the executables.

I can't see anything indicating that we surrender any of the copyright we hold to YoYo Games. So one would assume that YoYo Games don't have full control over the games either, only the GameMaker runner.

One of the more interesting points in the EULA is this:

"3.4. e. the Games and all materials accompanying the Games shall include a notice and End User Licence Terms: (i) identifying the rights of YoYo Games and that they include, are based on and made using the Software;"

Given that I don't think I've ever seen a GameMaker game bundled with an EULA that includes the rights YoYo Games hold over the executable - it appears a huge number of people on the GMC have violated the GameMaker EULA, giving YoYo Games the legal right to terminate their licence if they pleased.

Granted I don't think YoYo ever would terminate such a large number of people's agreements just for violating this condition - but the fact that they have the legal right to do so is quite concerning.

From YoYo Games perspective though, I don't anything in the EULA is too outrageous since they're only trying to protect themselves. But again, from a user perspective, it is concerning.

[NakedPaulToast]

Awesome. Wasn't aware of that. Thank you. That does indeed make what Softpedia is doing illegal. Too bad no one cares enough to get it shut down for stealing. Megaupload got shutdown and the owners arrested, so the same thing should happen in this situation in my opinion.

Gee, if only there was some legislation where the copyright owner could have a website shutdown for hosting illegal content. While I'll bet the majority of Internet users would love such a mechanism and support it.

[masterm]

Given that I don't think I've ever seen a GameMaker game bundled with an EULA that includes the rights YoYo Games hold over the executable - it appears a huge number of people on the GMC have violated the GameMaker EULA, giving YoYo Games the legal right to terminate their licence if they pleased.

I made my own EULA that forbids one to do thesame thing that the Yoyo EULA forbids so i only added my version of EULA but its basically almost thesame EULA, i bundled it with the game...can they still terminate my licence or do i HAVE to bundle it with the one Yoyo games provides with gamemaker?

[Brawl]

Awesome. Wasn't aware of that. Thank you. That does indeed make what Softpedia is doing illegal. Too bad no one cares enough to get it shut down for stealing. Megaupload got shutdown and the owners arrested, so the same thing should happen in this situation in my opinion.

Gee, if only there was some legislation where the copyright owner could have a website shutdown for hosting illegal content. While I'll bet the majority of Internet users would love such a mechanism and support it.

Not sure what country you are from, but here in America, there's already law for that... excluding SOPA of course. No need for such obvious sarcasm.

[TheSnidr]

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.

[Nocturne]

I fail to see where the breach of copyright in all this is... They clearly state that the games are made by the OP (or whoever) and take no credit themselves for them. Also, if you are going to host an exe on a site then you shouldn't be surprised that it can be leached for other sites to download too... in fact, I'd be rather pleased that your games are getting out there to a wider audience than you expected!

Awesome. Wasn't aware of that. Thank you. That does indeed make what Softpedia is doing illegal. Too bad no one cares enough to get it shut down for stealing. Megaupload got shutdown and the owners arrested, so the same thing should happen in this situation in my opinion.

Gee, if only there was some legislation where the copyright owner could have a website shutdown for hosting illegal content. While I'll bet the majority of Internet users would love such a mechanism and support it.

Not sure what country you are from, but here in America, there's already law for that... excluding SOPA of course. No need for such obvious sarcasm.

It's NPT... It's what he does... deal with it...

[GameDevDan]

in fact, I'd be rather pleased that your games are getting out there to a wider audience than you expected!

THIS.

My *FREE games and software have pretty much all been added to softpedia, and they ALL got more plays there than at YYGs or the GMC. In fact, a lot of my website traffic is directed from softpedia, so I pretty much love them for archiving my stuff.

AND - *It's not like they've taken paid products and sold them / distributed them free. So it all works out great.

Edited by GameDevDan, 23 January 2012 - 12:03 PM.

[Anzkji]

Awesome. Wasn't aware of that. Thank you. That does indeed make what Softpedia is doing illegal. Too bad no one cares enough to get it shut down for stealing. Megaupload got shutdown and the owners arrested, so the same thing should happen in this situation in my opinion.

Gee, if only there was some legislation where the copyright owner could have a website shutdown for hosting illegal content. While I'll bet the majority of Internet users would love such a mechanism and support it.

XD

in fact, I'd be rather pleased that your games are getting out there to a wider audience than you expected!

THIS.

My *FREE games and software have pretty much all been added to softpedia, and they ALL got more plays there than at YYGs or the GMC. In fact, a lot of my website traffic is directed from softpedia, so I pretty much love them for archiving my stuff.

AND - *It's not like they've taken paid products and sold them / distributed them free. So it all works out great.

Yes, but....

[chance]

@mangosteenGames: I've sent several emails to Softpedia (as a concerned user) demanding that they remove your games immediately. I've also sent dozens of PMs to other GM users asking them to send email as well.

We'll do our best to get your games off of Softpedia, so nobody can play them there.

[Anzkji]

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

[chance]

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?

Seriously, just contact Softpedia and ask them to remove your games. They'll do so. If that's what you really want.