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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E. Zachary KnightTeachers unions are just as bad as police unions, except of course you are far less likely to be killed by a teacher on duty than you are a cop. But they also protect bad teachers from being fired.07/07/2015 - 6:29pm
E. Zachary KnightGoth, so you agree they are still union members. Thankfully we have a first ammendment that protects people from being forced to join groups they don't support (in most cases any way.)07/07/2015 - 6:27pm
E. Zachary KnightAh, police unions. The reason why cops can't get fired when they beat a defenseless mentally ill homeless person to death. Or when they throw a grenade into a baby's crib. Or when theykill people they were called in to help not hurt themselves.07/07/2015 - 6:26pm
Goth_SkunkeZeek: Non-union employees have no right to attend meetings or union convention/AGM, or influence policy. The only time they get to vote is whether or not to strike.07/07/2015 - 6:24pm
Infophile(cont'd) about non-union police officers being given hell until they joined the union.07/07/2015 - 4:58pm
InfophileParadoxically, the drive in the US to get rid of unions seems to have left only the most corrupt surviving. They seem to be the only ones that can find ways to browbeat employees into joining when paying dues isn't mandatory. I've heard some stories ...07/07/2015 - 4:57pm
Matthew WilsonI am old school on this. I believe its a conflict of interest to have public sector unions. that being said, I do not have a positive look on unions in general.07/07/2015 - 3:59pm
TechnogeekWhat's best for the employee tends to be good for the employer; other way around, not so much. So long as that's the case, there's going to be a far stronger incentive for management to behave in such a way that invites retalitation than for the union to.07/07/2015 - 3:10pm
TechnogeekTeachers' unions? State legislatures. UAW? Just look at GM's middle management.07/07/2015 - 3:05pm
TechnogeekIn many ways it seems that the worse a union tends to behave, the worse that the company's management has behaved in the past.07/07/2015 - 3:02pm
james_fudgeCharity starts at home ;)07/07/2015 - 2:49pm
james_fudgeSo mandatory charity? That sounds shitty to me07/07/2015 - 2:49pm
E. Zachary KnightGoth, if Union dues are automatically withdrawn, then there is no such thing as a non-union employee.07/07/2015 - 2:38pm
Goth_Skunka mutually agreed upon charity instead.07/07/2015 - 2:33pm
Goth_Skunkyou enjoy the benefits of working in a union environment. If working in a union is against your religious beliefs or just something you wholeheartedly object to, dues will still be deducted from your pay, but you can instruct that they be directed towards07/07/2015 - 2:33pm
Goth_SkunkBasically, if you are employed in a business where employees are represented by a union for the purposes of collective bargaining, whether or not you are a union member, you will have union dues deducted from your pay, since regardless of membership,07/07/2015 - 2:32pm
Goth_SkunkIt's something that has existed in Canada since 1946. You can read more on it here: http://ow.ly/PiHWR07/07/2015 - 2:27pm
Goth_SkunkSee, we have something similar in Canada, called a "Rand Employee." This is an employee who benefits from the collective bargaining efforts of a union, despite not wanting to be a part of it for whatever reason.07/07/2015 - 2:22pm
Matthew Wilson@info depends on the sector. for example, have you looked at how powerful unions are in the public sector? I will make the argument they have too much power in that sector.07/07/2015 - 12:39pm
InfophileIt's easy to worry about unions having too much power and causing harm. The odd thing is, why do people seem to worry about that more than the fact that business-owners can have too much power and do harm, particularly at a time when unions have no power?07/07/2015 - 12:31pm
 

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