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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MaskedPixelantehttps://twitter.com/DanSlott/status/527814374459977728 One More Shot at Marriage.10/30/2014 - 8:44am
E. Zachary KnightApparently, it is ok to review a games art on whether or not you like the style, but not ok to review a game's story or theme based on whether or not you like or agree with it.10/30/2014 - 8:40am
MechaCrashComics never change because the people in charge now read comics when they were kids, and keep reverting comics to what they remember. As long as that cycle holds, change will be slow at best.10/30/2014 - 8:18am
Neeneko@ MechaTama31 - That is the big reason fansubs were tollerated for so long in the US, japanese studios kept watch to see which ones became popular via those networks.10/30/2014 - 8:11am
quiknkoldJournalists shouldnt be bigger than the stories they report or products they review.10/30/2014 - 7:48am
E. Zachary KnightHere is some food for thought for gamergaters who want politics out of games journalism. https://www.techdirt.com/articles/20141026/06425828942/journalists-need-point-view-if-they-want-to-stay-relevant.shtml10/30/2014 - 7:18am
quiknkoldI didnt say all games are like that, Conster. Princess Peach was....different. though I had fun with it.10/30/2014 - 7:00am
james_fudgehttp://www.somethingawful.com/news/gamergate-with-cats/10/30/2014 - 5:20am
MechaTama31AE: Japan's doujin scene illustrates an interesting potential solution to that problem. Let people play around with the characters, and keep an eye on things to see what people are buying.10/30/2014 - 12:07am
ConsterI bought, played and liked the game (unlike Smash Basketball *shakes fist*), but that felt iffy to me.10/29/2014 - 10:52pm
Consterquiknkold: if Super Princess Peach had been Super Prince Peach instead, do you think emotions would've been a mechanic?10/29/2014 - 10:51pm
quiknkoldcore meaning Colossus, Storm, Wolverine, and Nightcrawler10/29/2014 - 8:51pm
quiknkoldMatthew, those core x-men were together for almost 2 decades, until one would always be dead so they couldnt have them all together.10/29/2014 - 8:51pm
quiknkoldmore of an unknown. background characters mostly, who had a book but it was mostly a waste. they bring in this powderkeg of diversity and boom. now they could do the same thing and with the right artist and writer and mystique to it...10/29/2014 - 8:50pm
Matthew Wilsondoes it though? they always seem to return to the original cast in a year or two.10/29/2014 - 8:49pm
quiknkoldWhen I think of the perfect catalyst of a melting pot hero team, I think of the All New All Different X-Men. A Russian, A African goddess, A Canadian Berzerker, a German elf, and Cyclops. and all have withstood the test of time mostly cause the x-men were10/29/2014 - 8:49pm
Andrew EisenOne reason is because the money people are often afraid it won't sell. "A new IP AND the protagonist is gay?! That'll never work!" Showing that diverse characters can work in popular IP is simply a place to start. The indie scene is another.10/29/2014 - 8:47pm
Matthew Wilsonisnt that the point? why not just make new heroes that are different races, sexual orientations, and genders to start with?10/29/2014 - 8:46pm
Andrew EisenYep, progress is a lot slower than it should be (especially for something that shouldn't have been a problem in the first place).10/29/2014 - 8:45pm
quiknkoldrelevent. Hazmat and X-23. while Reptile, Mettle, Rockslide, Anole, Hellion, Dust, Mercury are all relegated to background characters with zero character enhancement. or they are dead10/29/2014 - 8:45pm
 

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