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City-Builder Taken Off Steam After Fan Goes Rogue

kotaku.com

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Re: City-Builder Taken Off Steam After Fan Goes Rogue

#5

Post by yeahbutiguess »

wellthisisgreat wrote: post #3

It baffles me that there are no legal repercussions for abuse of DMCA / IP / copyright instruments. People who do this without grounds should be punished/fines for abusing the system proportionate to what they claim.

I mean, there is. It's perjury.

And the target of a false claim can sue the party who made the claim for damages and attorney's fees.

Re: City-Builder Taken Off Steam After Fan Goes Rogue

#7

Post by Steltek »

wellthisisgreat wrote: post #3

It baffles me that there are no legal repercussions for abuse of DMCA / IP / copyright instruments. People who do this without grounds should be punished/fines for abusing the system proportionate to what they claim.

There are but it requires the victim to have the time, energy, and of course, money to pursue it. It also needs to not be some "DMCA Lite" contractual mechanism like Youtube's shitty ContentID system. Only real bad faith DMCA requests need apply.

    Any person who knowingly materially misrepresents under this section—

    (1) that material or activity is infringing, or
    (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

    17 U.S.C.A. § 512

Re: City-Builder Taken Off Steam After Fan Goes Rogue

#8

Post by lagniappe »

I'm curious what the legal precedent on this. If intellectual property, concepts, lore, can be protected, does this person have a claim here even though they didn't write the code? Is there a statutory norm for percentages in cases like these?

This has to be terrible for small dev shops to face, I'd imagine enough litigating and good projects just fold up shop unable to afford their own defense cost.

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