Ask Slashdot: Namco DMCA Takedown Edition

December 7, 2010 -

An interesting submission in Slashdot's "Ask Slashdot" section solicits the help of commenters on a DMCA takedown notice for an Android game called "Super Pac."

The developer asks the community what he should do because Namco sent a DMCA takedown notice to him, which in turn got his Pac-Man-like Android title pulled from Google’s Android marketplace. Now he can't sell his game and doesn't know what to do. Here is the question:

First a description of the game from its offficial web site:

"Based on the classic arcade game Pac-Man, the aim is to eat all the pills in the maze, while avoiding the four ghosts. There are also power-pills available in each corner which temporarily turn the ghosts blue, and more importantly, edible! Bonuses are awarded for eating ghosts. Fruit bonuses also appear and can be eaten for additional points.

Once all the pills have been eaten the level is complete. Each level is progressively more difficult as the effectiveness of the power-pills gradually decreases. There are 6 levels to complete in total."

And now his query to the Slashdot community:

"I was just on the receiving end of DMCA takedown notice for my game in Android Market, 'Super Pac.' Namco Bandai have filed the notice with Google, claiming breach of copyright of their game 'Pac-Man.' Although my version is obviously inspired by the original arcade game, no original artwork or sound has been copied. The problem from my point of view is that the DMCA notice is not clear where or why the breach is alleged. My guess is that maybe the name is too similar, although I did a trademark search for 'Super Pac' before release and came up with nothing. Furthermore, Google have disabled my access to this app, presumably as required by the DMCA, so I am unable to even make whatever modifications would be required. As a part-time developer with limited means (i.e. can't afford expensive lawyers), but willing to make best efforts to avoid legal issues, how does one negotiate what seems to be a difficult minefield of trademarks, copyrights and DMCA? Does anyone have tips in this area?"

The general consensus in the comments seems to be that no one can come to a general consensus about this game..


Comments

Re: Ask Slashdot: Namco DMCA Takedown Edition

Wow. Cluelessness has no bounds it seems

Re: Ask Slashdot: Namco DMCA Takedown Edition

The worst part is the hundreds of these bs rip-off games on the Anrdoid Marketplace.  Not only that, but I'm going to assume a good portion of them are simply there to data-mine your info and pass it along to a third party.  People need to be careful and aware on the garbage the get on their phone.  "How can a free copy of Tetrus go wrong?" ...  Very...

Re: Ask Slashdot: Namco DMCA Takedown Edition

My advice?

Stop ripping off other works and make your own damn game.

 

Andrew Eisen

Re: Ask Slashdot: Namco DMCA Takedown Edition

There are Pacman ripoffs ALL over the internet, though if this one was making money I can see the problem.

Re: Ask Slashdot: Namco DMCA Takedown Edition

I'm gonna have to agree. At the very least, take some time to come up with your own original theme for the game if you're not creative enough to come up with your own mechanics. It seems pretty 'common-sense' to not simply reproduce someone else's game that exactly.

Re: Ask Slashdot: Namco DMCA Takedown Edition

Yeah.. I am not in favor of takedown notices... but regardless of if he created art from scratch, the game is still a blatent rip off and Namco seems within their rights to be annoyed.

 
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Poll

Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

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MechaCrashPride does play a factor. If you sell an IP to someone, and they make a ton of money off it, it makes you look like a tool: why didn't YOU make that money? Better to sit on it than be embarassed that way.05/27/2015 - 10:58pm
ZippyDSMleeAS far as I understand it the suits think sitting on a an IP till the time is right is more profitable than tradeing it around.....hevean forbit soemone use soemthing to make money with....05/27/2015 - 9:58pm
Andrew EisenOh, there's also the Facebook page.05/27/2015 - 4:29pm
hidannikOkay :( Guess I'll just have to YouTube it when I've caught up on all the other podcasts.05/27/2015 - 4:13pm
Andrew EisenI honestly don't know. The show is on my YouTube channel and we promote it here on the site every week.05/27/2015 - 4:11pm
hidannikIs there nothing a podcast app can key on?\05/27/2015 - 4:09pm
Andrew EisenYeah, we lost Libsyn quite some time ago. As such, no RSS or iTunes. We're working on finding a new (and cost effective) home but it's been really slow going.05/27/2015 - 4:07pm
hidannikThe last one on that feed was Feb 905/27/2015 - 4:05pm
hidannikThe feed is at superpac.libsyn.com05/27/2015 - 4:05pm
hidannikI ask because it hasn't shown up in my PocketCasts feed in a while. (I'm currently a month behind)05/27/2015 - 4:02pm
E. Zachary KnightAE, Loved your mom as the guest on your 30 Days of Netflix series. She is one interesting lady.05/27/2015 - 3:47pm
E. Zachary Knighthidannik, If you mean on iTunes, we are working to get it back up there soon. Otherwise, the show must go on. We record live every Saturday at 8pm Central05/27/2015 - 3:47pm
Andrew Eisenhidannik - The podcast will continue this weekend and every weekend after for the foreseeable future. What makes you ask?05/27/2015 - 3:29pm
Matthew WilsonI say no it isnt, but it depends on the reason for not selling it. were the pressured to not sell it. aka target au, or did they chose not to on their own aka gog with hatred.05/27/2015 - 3:28pm
hidannikIs there no more podcast?05/27/2015 - 3:26pm
E. Zachary KnightHere is another thought exercise. How would you feel if game developers traded in IP? http://gamasutra.com/blogs/JorgeMunoz/20150520/243471/Why_dont_developers_buysell_intellectual_property_much_like_other_assets.php05/27/2015 - 3:24pm
Andrew EisenSlightly Mad Studio comments on Wii U version of Project Cars: http://www.nintendolife.com/news/2015/05/exclusive_slightly_mad_studio_head_ian_bell_sets_the_record_straight_on_project_cars_wii_u05/27/2015 - 11:54am
E. Zachary KnightGamasutra has a really interesting interview with the Hatred developers. http://gamasutra.com/blogs/AlbertPalka/20150526/244229/Real_talk_with_Destructive_Creations_Hatred_interview.php05/27/2015 - 10:11am
WonderkarpLove Gamerevolutions Summary of Splatoon "It's like Double Dare found love with a roll of sushi and made a beautiful, action-packed Wii U game."05/27/2015 - 9:41am
E. Zachary KnightExtra Credits promotes SJW PC crap by discussing Rust's decision to include race but not give players a choice. ;) https://www.youtube.com/watch?v=eh1zfdUTqBY05/27/2015 - 9:20am
 

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