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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Matthew Wilsonthe issue is when is doesn't work it can screw over millions in new york city's case. more often than not it is better to let the free market run its course without market distortion.04/16/2014 - 9:36am
NeenekoTrue, and overdone stagnation is a problem. It is a tricky balance. It does not help that when it does work, no one notices. Most people here have benifited from rent controls and not even realized it.04/16/2014 - 9:23am
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2014/04/15/riaa_files_civil_suit_against_megaupload04/16/2014 - 8:48am
ZippyDSMleeEither way you get stagnation as people can not afford the prices they set.04/16/2014 - 8:47am
Neenekowell, specifically it helps people already living there and hurts people who want to live there instead. As for 'way more hurt', majorities generally need less legal protection. yes it hurt more people then it helped, it was written for a minority04/16/2014 - 8:30am
MaskedPixelantehttp://torrentfreak.com/square-enix-drm-boosts-profits-and-its-here-to-stay-140415/ Square proves how incredibly out of touch they are by saying that DRM is the way of the future, and is here to stay.04/16/2014 - 8:29am
james_fudgeUnwinnable Weekly Telethon playing Metal Gear http://www.twitch.tv/rainydayletsplay04/16/2014 - 8:06am
ConsterTo be fair, there's so little left of the middle class that those numbers are skewing.04/16/2014 - 7:42am
Matthew Wilsonyes it help a sub section of the poor, but hurt both the middle and upper class. in the end way more people were hurt than helped. also, it hurt most poor people as well.04/16/2014 - 12:13am
SeanBJust goes to show what I have said for years. Your ability to have sex does not qualify you for parenthood.04/15/2014 - 9:21pm
NeenekoSo "worked" vs "failed" really comes down to who you think is more important and deserving04/15/2014 - 7:04pm
NeenekoThough I am also not sure we can say NYC failed. Rent control helped the people it was intended for and is considered a failure by the people it was designed to protect them from.04/15/2014 - 7:04pm
NeenekoIf they change the rules, demand will plummet. Though yeah, rent control probably would not help much in the SF case. I doubt anything will.04/15/2014 - 1:35pm
TheSmokeyOnline gamer accused of murdering son to keep playing - http://cnews.canoe.ca/CNEWS/Crime/2014/04/15/21604921.html04/15/2014 - 11:50am
Matthew Wilsonyup, but curent city rules do not allow for that.04/15/2014 - 11:00am
ZippyDSMleeIf SF dose not start building upwards then they will price people out of the aera.04/15/2014 - 10:59am
Matthew Wilsonthe issue rent control has it reduces supply, and in SF case they already has a supply problem. rent control ofen puts rent below cost, or below profit of selling it. rent control would not fix this issue.04/15/2014 - 10:56am
NeenekoRent control is useful in moderation, NYC took it way to far and tends to be held up as an example of them not working, but in most cases they are more subtle and positive.04/15/2014 - 10:24am
PHX CorpBeating Cancer with Video Games http://mashable.com/2014/04/14/steven-gonzalez-survivor-games/04/15/2014 - 9:21am
Matthew Wilsonwhat are you saying SF should do rent control, that has never worked every time it has been tried. the issue here is a self inflicted supply problem imposed by stupid laws.04/15/2014 - 8:52am
 

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