Tecmo Sues Game Hackers Under DMCA 352
blueZhift writes "This Reuters report on CNet states that Tecmo has filed a federal lawsuit in Chicago under the Digital Millennium Copyright Act accusing the site owners and perhaps some users of game hacking site www.ninjahacker.net (now offline) of knowingly infringing on their game software. This should be another interesting test of the DMCA and just how far it can be pushed to restrict what end users can do with/to their software purchases. This might ultimately affect the legality of cheat devices like the Game Shark and even the mere sharing of cheats or exploits."
DMCA Violations (Score:5, Funny)
left-right-left-left-B-A-left-down-trigger-left-B
I can only hope Slashdot has the resources to protect my free speech.
Really, though...the DMCA sucks, but I can't see cheat codes being a violation while game makers keep putting them in on purpose. Aren't they the ones writing code to do different things when we enter the codes in? What next, prison time for opening an easter egg in Word?
Here's [archive.org] a link to the archived site, before it was taken down.
Re:DMCA Violations (Score:5, Insightful)
The difference here is that they appear to be filing a suit against a hacking group that modified the actual program code of their games.
This to me is an incredible abuse of the DMCA. Hacking a game is like modifying anything else you've bought. It's not like game hackers generally distribute the developer's code, just a set of instructions for modifying the code that is already sitting on other people's consoles or PCs.
IMO this is the equivalent of a car manufacturer suing the makers of nitrous oxide systems or aftermarket body kits.
I'm not even sure why they care anyway - when I had more free time, hacking games was in some ways more fun for me than actually playing them. I extended the play time of Soul Reaver to something like 500 hours because of my extensive hacking of the PC version, for example.
Re:DMCA Violations (Score:3, Insightful)
Hello? This seems like exactly the reason software publishers/developers would want people to be prohibited from hacking their games - they'd much rather you buy the game and finish it in a month (or even less) so that you're jacked up
Re:DMCA Violations (Score:2, Interesting)
So Valve and ID software must be idiots to make their engine so moddable? Of course not, the more mods available, the better the game sells.
If you buy an expensive game and are bored with it after a short time, you're not likely to buy the sequel, you're likely to go looking for a title with a little more longevity.
Re:DMCA Violations (Score:2)
Just because some companies don't mind having their code modified and then redistributed (or, at least, specific sections of their code) doesn't mean that other companies don't have a right to protect theirs. Whether you agree with it in terms of being
Re:DMCA Violations (Score:2, Insightful)
I can't understand why they don't embrace the hackers/modders. All they do is piss people off, which is arguably (but not necessarily demonstrably) bad for business.
The other theory is that this new paradigm includes a revenue stream from litigation.
Re:DMCA Violations (Score:5, Funny)
Re:DMCA Violations (Score:2)
I supposed the exception to this would be when your game connects to a network and interacts with other people and their systems. Hacking the game can indirectly mean hacking a hosted service or corrupting an experience that's being paid for by other people. The publis
Re:DMCA Violations (Score:5, Informative)
THEre's nothing to stop the server operators from using any of the many anti-cheat tools to detect modified copies, and prevent them from taking part in network play. Use a technical solution, not a legal one.
*I'm an anti-IP nut and don't believe ideas can be owned, so I don't believe in the concept of copyright anyway. But at least keep it consistent with its intended purpose.
Re:DMCA Violations (Score:3, Insightful)
Team Ninja made a blatently sexist load of shite where the main aim of the game is to win the money required to buy the skimpiest bikini for the digital women they spent so much time accurately recreating the chest-bouncing physics for.
However, because they like to have some semblance of decency about what they do for a living, you never actually get to see anything, and they've got plausible deniability that it's
Re:DMCA Violations (Score:2)
Re:DMCA Violations (Score:2)
Or perhaps this was their plan all along
Or maybe (Score:2)
Re:DMCA Violations (Score:2)
Try playing CS and see if you feel the same way.
Re:DMCA Violations (Score:2)
Re:DMCA Violations (Score:2)
Sorry if I wasn't clear, I need sleep
Re:DMCA Violations (Score:3, Insightful)
Consumers tend to believe that when you buy a game, a book, a car, for that matter any item where you plonk down money and take something away in your hands, that you have bought a product and are allowed to do anything you want with said product within some limitations. Copyright and patent law both restrict these rights somewhat, but they don't in and of themselves change the fa
Re:DMCA Violations (Score:5, Informative)
You've got everything backwards; they are at the consumer's mercy, not the other way around. You are correct that I do not "own" the software I "buy", but I own the right to use it, and you are incorrect when you say they can revoke it at any time. They cannot - when you buy the software, you have entered into an agreement. As soon as they take your money, they OWE you the right to play that game or use that piece of software. If it requires online access through one of their servers, they OWE you servers that are operational so you can use the product you paid them money for. And, in fact, I can do most anything I want with it, so long as it does not infringe on their rights granted by copyright law.
Some licenses do mention "no reverse engineering". There are two main points to mention in that regard:
1) Reverse engineering is a well recognized, legitimate activity within copyright law. Both copyright law itself, as well as the DMCA have exclusions for reverse engineering. Acting like it is a bad thing is absurd.
2) Very few companies prohibit reverse engineering in the EULA (Blizzard is one that I know of that does prohibit it). This is because they know that reverse engineering is (generally) protected, so long as it does not facilitate unauthorized distribution of the software (hence, the DMCA).
Lastly, to make an argument that someone should EXPECT for a EULA to contain wording that removes their rights, to which they should adhere, without ever SEEING the contract BEFORE the sale takes place is completely inane. This is a reflection of the *sad* state our copyright system has fallen into. You're a consumer, you should be fighting for your rights. As the adage goes, the price of freedom is eternal vigilance. The moment we (as a population) stop caring about our rights, is the moment they will be taken away.
Do not forget:
"Beware those who would deny you information,
for in their hearts they dream themselves your master."
This is just plain stupid. (Score:3, Interesting)
Wonder who made those cheats in the first place... (Score:4, Funny)
Now sue me.
Re:Wonder who made those cheats in the first place (Score:5, Insightful)
Apparantly they had to reverse engineer the games to make these skins and therefore they are being sued under the cover of the DMCA (natch).
Personally I think it's a bitch that modifying something that you've paid for, to add value to it so that others are more likely to want to pay for it in the future is seen as a suable offence by TECMO. Bioware, Id, Valve and others make it as easy as possible to make mods since the community efforts can add considerable value to the product at zero cost to the developers.
Counterstrike anyone?
Re:Wonder who made those cheats in the first place (Score:3, Insightful)
Take a stand! (Score:3, Interesting)
Sit back down. (Score:3, Informative)
I.e. you can't drive your car at 200MPh - that is to say, you can. But it's against the law.
You can't mod your car with a spoiler that's twice the width of your car - that is to say, you can. But it's against the law. At least driving on public roads with one is.
What's being argued here, now, is that you can't hack the game and distribute the hack. That is to say, you can. But it may be against the law (the DMCA one).
Btw.. the article refer
Re:Sit back down. (Score:3, Insightful)
This might ultimately affect the legality of cheat devices like the Game Shark and even the mere sharing of cheats or exploits.
The other article might not make upsurd claims like that, but this one does!
Re:Sit back down. (Score:2, Insightful)
I.e. you can't drive your car at 200MPh - that is to say, you can. But it's against the law.
You can't mod your car with a spoiler that's twice the width of your car - that is to say, you can. But it's against the law. At least driving on public roads with one is.
both of these are 100% legal acts. I can remove all the emissions equipment, upgrade a yugo to 1500 horsepower and even remove all the seatbelts and there is nothing that anyone can do to me.
at least until I attempt to drive that car on a publ
Re:Sit back down. (Score:5, Insightful)
Of course you can drive your car at 200mph.. On a closed track.
Just like having a massive spoiler is perfectly legal, unless you go out on the public road.
There's (obviously) a big difference between "What you may do with your property" and "How you may use your property in the public area".
Making a massive spoiler and selling it is perfectly legal.
Hacking a game and distributing the hack should also be perfectly legal. (in a sane world)
It becomes more complicated if you use a hack in a multiplayer game, which is a service with rules. Break those rules and you can lose the right to use the service. (makes sense)
Getting sued for altering your own property in your own home is an abuse of the justice system.
Re:Sit back down. (Score:2)
Re:Sit back down. (Score:2)
Re:Sit back down. (Score:3, Insightful)
Here you're completely wrong. You can modify the car, and it's not even against the law to do it. There's a whole series of motor sport events that let people doing this compete with each other.
The only thing that you may not do, is drive your modified car on public roads without having your car recertified by the authorites.
Your analogy is good, only the conclusions you reach from it are wrong.
Re:Sit back down. (Score:2)
Sorry. You can't drive your car at 200MPh on public roads in many countries given their current laws with regards to motorvehicles and public road usage within default operating parameters - i.e. excluding special events where public roads are commissioned for racing events a la the Monaco grand prix. That is to say, you can - but it would be against the law.
(Add disclaimers as appropriate)
And I di
Re:Sit back down. (Score:2)
Re:Sit back down. (Score:5, Insightful)
Next time make a skin where they wear spacesuits.
Re:Sit back down. (Score:2)
The only reason modifying your property is illegal is when it affects others, as in the example you give, or with building codes.
Re:Sit back down. (Score:2)
So uh, texture files are now "source code"? Here's a surprise guys: You make a bunch of games designed for the sole purpose of ti
Both of those are bad examples. (Score:2)
But most important to this conversaion, you have every right to do whatever you want with the physical goods you purchased. Burn the box, microwave the CD, use it as a coaster. The CD is yours.
The contents, however, are not yours. Software is licensed, not sold, and you do not own it. You do not have the rights you seem to think you have around it becuase of your mistak
Re:Sit back down. (Score:2)
That should get them off right there. They didn't modify any source code. To do that would require them to recompile the game. Releasing a few image files you drop in a directory to change what the engine pulls should not be against the law. Opening a file with a hex editor should not be against the law. I dont see how telling a user to modify bits on their own pc's (for free no less, not selling or giving away the actual product) can hurt tecmo's
If Your Car Was a Tecmo Game... (Score:2)
If your car was a techmo game...
Techmo Autos'r'Us
Legal Department
101 Somelane Anytown USA 54321
777-123-4567
Sir or Madam:
It has come to our attention that not only are you selling an aftermarket radio system for our automobiles, you have also launched a website in order to tell others how to replace the radio system in their automobiles.
Prepared to be sued.
- Techmo Autos'r'Us Legal Department.
Absurd, isn't it? Dodge isn't going to sue a store for selling naked-lady mudflaps and a "don'
Re:Sit back down. (Score:2)
In this case, it's not just about the hacking. If all they'd done was change their own code, nobody would've ever known, and there'd be no lawsuit. The issue is their distribution of how to do it.
Are you going to argue that it's illegal to write a book or article about how to modify your car? Or to sell the parts to do so?
Re:Sit back down. (Score:2)
A car manufacturer can't tell you what you can or can't do with your car, once you've bought it, it's yours to do with as you see fit. If you want to paint the car an outlandish color, you can do so.
Tecmo figures they should be able to tell you what you can do with the software you bought from them (though they probably
No, but you did a great job of it :) (Score:2, Insightful)
You just said you can do whatever the etc. you want with your car. Next you say that you can't endanger other people with it.
What if I -want- to endanger other people with it ?
Oh shit. I can't. Rather, it's against the law.
That's the whole point - you CAN'T do whatever you want with your car, as there are set limits within the law within which you have to operate - or risk the consequences.
And no - naked skins on your own x-box won't endanger anyone*. That's why the DMC
Re:No, but you did a great job of it :) (Score:2, Insightful)
You are trying to compare one case (being able to modify so
Re:Sit back down. (Score:2)
I'm not 100% certain that that's the case, though. Certainly, here in the UK, if I throw something away *it is still legally mine*. For example, if I hire a skip and chuck crap into it, you are *not* allowed to just come along and take stuff. That's presumabl
Re:Sit back down. (Score:2)
There are of course some restricitions, if I have to enter your property to obtain said item you can get me for trespass
Re:Sit back down. (Score:2)
I'm getting sick and tired of the Libertarian Party and its strangehold grip on power in Washington. They've got like, what, 30 seats in the Senate now?
What? Zero you say? Huh.
Re:Take a stand! (Score:2)
If you really believe what you say, then go join for $15-50, tell them this is why you are joining (they ask), and I wouldn't be the least bit surprised to see them take this case.
"Now offline" (Score:5, Informative)
Cheats? (Score:3, Insightful)
Re:Cheats? (Score:2)
Ugh...
I can't stand it when crappy reporters collapse computer code and 500 other things that are either binary or not understandable to them into the word "code", or worse "codes".
Another reason (Score:4, Insightful)
Re:Another reason (Score:5, Insightful)
Sorry, but most open source games are just not very good. The ones that are fun, are almost without exception the ones that are just ripoff versions of commercial software.
Have fun with your open source games; I like to play games with production value, which (unfortunately) limits me to commercial software. There are small commercial houses that produce cool stuff (Introversion, ChronicLogic), but even they are closed-source and commercial.
Enjoy FrozenBubble while I go play Metroid Prime. Enjoy TuxRacer while I get down to Galactic Civilizations II. And we won't even start with MMOs.
Re:Another reason (Score:5, Insightful)
Amazingly, most of the commercial games that are fun are just ripoff versions of commercial software as well. :)
Re:Another reason (Score:2)
Well, after the first couple of patches have been released to fix the initial bugs, anyway...
Re:Another reason (Score:2)
Ripped-off and polished, or ripped-off and otherwise improved. Blatant ripoffs with no tangible improvement general don't fare well in the marketplace.
Re:Another reason (Score:2)
And it doesn't take 60 hour work weeks to beat open source games either. How many open source games have developers who are even putting in 4
Re:Another reason (Score:5, Insightful)
How the parent got modded as Insightful is beyond me. OK, the proprietary software = bad idea is popular on /. but that post is just daft.
People, educated and otherwise, play games primarily to play the game. A very small subset like tinkering with them, hence the mod community for games, which is big, but very small compared to the total number of people playing games.
I'm a coder, I write software for a living, but when I come home a play a game to unwind, I want to play a game. Generally I don't want to hack and tinker.
I followed the WorldForge link, the status of the games listed was In Development, Deprecated, Planned, Future, Status is unknown. None actually listed as finished.
Also, giving the quality of proprietary games vs free (as in speech) ones, I'm amazed at them being called "proprietary crap". Sure, some are crap, but all the really good games are proprietary too (although some have been copied by free versions). Not just good because of graphics either, but game play.
If your principles really don't let you run any proprietary software, fair enough. But don't pretend that for the main purpose of games, playing them, free software offers much yet, and it certainly isn't close to the proprietary stuff.
Re:Another reason (Score:3, Insightful)
Re:Another reason (Score:2)
To all those that say 'this me
Re:Another reason (Score:2)
Don't get me wrong, open source free (and Free) software is great, but this is at most just a reason not to buy Tecmo's products. It's certainly not "another reason to stop using proprietary
Re:Another reason (Score:2)
Re:Another reason (Score:2)
Re:Another reason (Score:2)
Right, because it's so important to not get polluted by those horrible proprietary games.
That's also why I only go see "open sour
Except as a legal test, this is an irrelevant case (Score:5, Interesting)
Brilliant! (Score:2, Interesting)
way to protect your IP there Tecmo...
Clearly, this is a pathetic attempt to stir up a bit of froth for what is essentially a dog-shit game.
no-one will get sued, 14yr olds will break their xboxes trying to make the naked women do handstands.
Hold on a sec... (Score:4, Insightful)
Re:Hold on a sec... (Score:3, Insightful)
Re:Hold on a sec... (Score:2)
Bring on the "I only use my Xbox for playing music/movies/emulators". I'm sure all those DivX, mp3, and ROM images were all legally obtained right? Just like how you download Linux ISOs from p2p except they're cleverly
Ignore the speculation of the article (Score:2)
That these people also have cheat codes is irrelevant.
Re:Ignore the speculation of the article (Score:2)
I mean, 90% of users of Morrowind used the NoCD crack. Including great most of owners of the official, legal CD. Simply the CD check mechanism was so crappy that it created really serious overhead. The game with the crack, not checking for CD, ran about 30% faster.
Definitely the "solemn purpose to circumvent copy protection" wasn't there.
Re:Ignore the speculation of the article (Score:4, Interesting)
Lawsuit in response to online or offline hacks? (Score:2, Interesting)
Re:Lawsuit in response to online or offline hacks? (Score:2, Funny)
Then some people came along and made texture patches for those with chipped XBoxes (so someone else did all the hard copy-protection-removal stuff) that removed said pieces of string. This makes Team Ninja look like the dirty little pervs they clearly are, and it's all rather embarrassin
Console games... (Score:5, Insightful)
I have a few hundred megs of Maps for games like Unreal Tournament, Doom 3, Red Faction, Starcraft, etc, etc, etc. that were created by fans. I have a friend who is really into Morrowind, which is over 3 years old, and mods that offer nudity, god mode, extra locations, extra equipment, skins, and anything else some fan has the imagination and inclination to produce. He has been playing this game off and on for 3 years... I'm still playing Neverwinter Nights.
And for the game companies: attack your customers at your peril... We don't care about IP, we don't care whether you are too puritanical for nude skins, or whatever. A new game is a toy to us that will be used as we see fit. If you want to clamp down, many people simply won't buy from you. I sure as hell won't. And furthermore this makes me feel like I have made the right decision in avoiding the console market altogether.
Re:Console games... (Score:2)
But at the same time it means you'll never see Tekken, R-Type Final, Metal Gear Solid, Dead or Alive, TimeSplitters Future Perfect... I could go on forever.
The games you list are designed for the PC. The games I've listed are designed for Consoles.
You don't seem to understand why people prefer to play games on a Console than on a PC. Try making your argument less biased next time.
Re:Console games... (Score:2)
I do wish the publishers would release more of the games you find in an arcad
Re:Oh...my...god... (Score:2)
Re:Console games... (Score:2)
Console games still outsell PC games, so lots of people clearly don't care about getting hold of player created content.
For some games types it isn't that relevant anyway. New maps or models work well for multiplayer FPS, but don't make much sense for fighting games for example.
Now I own both, and I've really enjoyed Mods for UT/UT2003, Freedom Force, FreeSpace and others. It hasn't stopped me enjoying the console games as well though.
Re:Console games... (Score:2)
You can like PC games better than console games. That's fine. This, however, is a problem with the government and corporate America in general that is likely to get worse before it gets better. If you think PC games are safe from this kind of crap, you're wrong.
Re:Console games... (Score:2)
Er, so don't go looking, just sit down and play. It's not as if they come 'round and bury your TV under a pile of CDs of mods, so you have to dig through before you can start playing.
My reason for not buying a console is that all the main consoles are made by Evil Bastards. Of course, the same is true of Windows, but since I have to have a Windows machine, I have already tarnished my soul and may as well play games on it.
Wel
Re:Console games... (Score:2)
Re:Console games... (Score:2)
Contact Tecmo (Score:5, Informative)
Public Relations
PublicRelations@tecmoinc.com
Customer Service
CustomerService@tecmoinc.com
Game Counselor
GameCounselor@tecmoinc.com
Business Accounts
BusinessAccounts@tecmoinc.com
Public Relations
PublicRelations@tecmoinc.com
Corporate Opertunities
Jobs@tecmoinc.com
Webmaster
Webmaster@tecmoinc.com
Contact Us Via Snail Mail:
Tecmo Inc.
PO Box 5553
21213-B Hawthorne Blvd.
Torrance, CA 90503
Contact Us Via Fax or Phone:
Phone: 310.944.5005
Fax: 310.944.3344
Contact Us Via Email:
Contact@tecmoinc.com
Re:Contact Tecmo (Score:2)
To: Tecmo Public Relations, Tecmo Legal Department, Tecmo Employees
I feel that the actions your company is taking against www.ninjahacker.com are both irresponsible and unnecessary. Game modification has been a part of the gaming community for years. "Hacked" (or modified) games create a dynamic game experience and allows the user to be connected to other fans of the game.
The damage being done on your company's image by continu
Goodbye fair karma... (Score:2)
The publisher can't tell you that you can't use their CD as a coaster, or
Re:Goodbye fair karma... (Score:2)
That's what the software vendors want you to believe, but I don't believe it's true in law anywhere; certainly not here in Scotland. Unless you physically signed -- on the paper -- the agreement before you paid your money, it
Wow, thats good to know. (Score:2)
Got the rest of the season one episodes of Battlestar Galactica taped? I assume you weren't forced to sign anything before buying a product with a tuner in it, right? Those should be free game, too, then.
Re:Goodbye fair karma... (Score:2, Interesting)
The whole concept of intellectual "property" sucks. I had an idea - pay me. I'm glad I don't live in the US. But I wish the US would stop trying to impose its laws on other countries.
You can't copyright a story - only the particular words that you choose to describe that story. The order of those words als
What? (Score:3, Informative)
Car makes sue over grill designs, interior designs, ergonomic innovations, brake system designs, motor design. The lists go on and on.
And clearly nearly 200 years of industrialized history has demonstrated your conente
www.ninjahacker.com now offline... (Score:2, Funny)
Hacking will happen if you distribute software (Score:2)
Of course the difference is when the people who hack it post details on the Internet. I have a problem with current titles being hacked and details posted on the net, but not with old games.
I guess when the DRM pushers have their way we will all be prevented from hacking code. Maybe sometime in the future people won't be able to repair, resurrect or emulate old systems. The machine code debugger will be a
Ok, let me see if I got it right... (Score:2, Informative)
Note: *YOUR* software purchases.
The way it is going, it seem that in the future, you will not own what you pay for anyomore, you will just pay for the right to use somebody's product, what you can do with your stuff depends on the manufactor's good will.
In other news... (Score:3, Funny)
"Adding nitrous systems to the fuel injection and 'coffee can' mufflers to the exhaust systems are clearly actions that violate the DMCA," said Hiroshi Yagasaki, lead attorney for Toyota.
Taking a page from the RIAA, investigators have been hired to watch for teens entering automotive parts stores to purchase after market parts for compact vehicles. Fake auto parts websites have been set up to net offenders who would order parts online.
"These young hooligans are clearly stealing from the car companies by circumventing our state-of-the-art protection schemes, which we call 'The Hood'."
Commander Taco was not available for comment.
Re:I hate cheaters anyway (Score:2, Insightful)
Re:Just to add to the flurry of jokes (Score:4, Funny)
Oh God, I'm being sucked into a whirlpool of recursivity!
Re:America's Army (Score:5, Funny)
Eww.
Sure there are, for pyramids .. (Score:2)
"Videogames don't hurt people, it is people
Re:America's Army (Score:2)
As opposed to this , whereas the modification most likely would -increase- the gameexperience.
Re:Will mattel and EA sue next?? (Score:3, Interesting)
Foreign hosting? (Score:2)
Nationality of infringers?
Location of infringers?
Location of hosting servers?
Location of "infringed" product?
If I as a Canadian were to post such patches on my server, if there were a law shared between Canada in the US that made it purportedly "illegal," where would I be tried?
Fair Use (Score:3, Insightful)
True enough. On the other hand, if someone chooses to highlight/underline/cross-out passages of the copy of your book that they own, they are well within their rights. And if someone found some typos or grammatical mistakes in your work, or even had some suggestions for an alternate ending, they can legally post such t