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Pseudolonewolf`s Avatar MARDEK Stolen as Android App Fri 22nd Jul 2011 6:38pm

Category: Apps

It's been brought to my attention that MARDEK 1 has been released on the Android Marketplace thing as an app... I didn't authorise this in any way and I didn't know about it until I was told about it.

It seems rather illegal, obviously, and I'd like to do something about it, since it'd be nice to potentially make money from my own games as apps in the future. I don't know WHAT to do though, because I have no experience with this kind of thing. I don't know who to report to, or anything.

It seems that this 'developer' has a few apps of popular Flash games that I assume are all stolen: [LINK]

It doesn't seem that they're charging money for them, and they credit me as making MARDEK, so partly I wonder whether this could actually benefit me because people could play it, like it, and come here... But it still seems so very wrong, since I didn't give them permission to do it, so I suppose I should try to get them to remove it for ethical reasons or something like that.

So if any of you know about what I can do, or how any of this works, then I'd appreciate hearing from you. Or you could even totally complain on my behalf!1 I bet that'd go down well. o_O
55 comments

 

55 Commentson 38 roots

sokhead`s Avatar
Rating Orb sokhead 17 South Korea 18C 20F
6 years ago | (1)
What about this: get the guy to port the games to iphones and either split the profits or have him charge a fixed amount of cash. The latter being more risky as if the game doesn't sell, then pseudo would lose money. This way, he came save himself a lot of time, effort, and money from learning how to code apps, buy a mac if he doesn't already have one, and still make a profit.
TheRedwolf`s Avatar
Rating Orb TheRedwolf 18 United States MelancholicPhlegmatic 85C 0F
6 years ago | (2)
I believe this may have started due to Kongregate. On their homepage they have a contest for someone to make a game for Android or port their favorite Flash game to Android and win money for it. Now, they may assume that people will go through the proper channels in order to get permission for this, but most people probably won't. Therefore, I believe in a roundabout way, Kongregate may be responsible. Hope this helps, and it was probably said before, but oh well.
angusm3`s Avatar
Rating Orb angusm3 17 Canada CholericSanguine 21C 3F
6 years ago | (6)
Here's my opinion:

The person loves Mardek, so he ported it to his android device. Now instead of keeping it for himself and letting nobody else enjoy your awesome game on-the-go he released it on the android. He is not charging any money for it, and you are not either so there is no monetary theft. He gives you credit for the game and though he should have consulted with you before releasing it he made sure that your name was on the release.
So to me it looks like a selfless act and it promotes your game and allows others to play the game when their computer is not always right in front of them. Maybe they are just sitting on a bus waiting to get somewhere and think "Hey, I wish I could be playing Mardek right now."

My two cents.
Sunflower`s Avatar
Rating Orb β Sunflower 19 Poland PhlegmaticSanguine 73C 22F
6 years ago | (3)
Angusm, would you care to read at least some of previous posts sometimes? ^^' There's a huge flaw in your theory: many hours before you posted it a representative of GGDroid explained the whole incident. And it turned out that they asked for permission, didn't get it, but because of some problems with communication and organization they thought that they did.
GGDroid`s Avatar
Rating Orb GGDroid 25 United States 3C 0F
6 years ago | (30)
Hello All,

I'm Albert, a representative of GG Droid. GG Droid highly respects developer rights of the Flash Game it ports for free.
The reason that Mardek RPG was ported was originally because of a user respect that would like to play the game/
HOWEVER, we do not port games WITHOUT the ORIGINAL developer's permission.
We have immediately pulled Mardek RPG from the market.

There has be a discrepancy and miscommunication between our staff and developers that port the game.
For some reason, Mardek RPG email that was emailed to the author on June 2, 2011 was marked as permission obtained and ported.
This was a clearly an error on our part. And we have just double checked all the games just to make sure this does not happen again.
We do email each and every developer and do not start the PORT at all unless the developer replies with an OKAY.

As for Epic Battle Fantasy, Armed with Wings, Hurry Up Bob...etc
We have obtained permission with kupo707, Daniel, Fortunacus....etc and were given an okay before porting the games.
We can forward the email to you or you can contact the original developers to do so and verify with them.

As mentioned we highly respect original developer rights, if there is any errors that occur again.
Please email us immediately, and we will work to get the problem resolved.

Sorry for the trouble,
Albert (GG Droid Dev)
Onisuzume`s Avatar
Rating Orb β Onisuzume 24 European Union Melancholic 134C 259F
6 years ago | (4)
Well, I guess that pseudo will be happy that it got resolved without too much trouble.
Zuriki`s Avatar
Rating Orb Zuriki 18 United Kingdom Melancholic 234C 84F
6 years ago | (0)
Well, the game is still downloadable so you haven't actually pulled it from the market. Did Pseudo actually give you permission?
koertchen`s Avatar
Rating Orb koertchen 15 United States MelancholicPhlegmatic 16C 0F
6 years ago | (0)
Well, I guess you could report it at [LINK] That's what I went and found, although someone else has probably posted it and you probably already found it. If you want to take it down... but since you're credited for it, there may be no reason too. But at the very least, you could try to contact the app-poster to converse directly with him to reach a compromise, rather than take it down. The poster may be earning advertising revenue from it... just a guess.
koertchen`s Avatar
Rating Orb koertchen 15 United States MelancholicPhlegmatic 16C 0F
6 years ago | (0)
Sorry to double-post, but it seems another user found a more appropriate link, after going over the comments a second time. Ham1000 found [LINK] That may be more useful than the link I provided. It did mention something about $100,000 in court and lawyer fees though...
mjl`s Avatar
Rating Orb mjl 21 United Kingdom MelancholicPhlegmatic 2C 0F
6 years ago | (9)
I'm a fan of the MARDEK games, so I joined to try and help you out a bit with this! I'm a law student and I studied the law surrounding computer software etc. last year. Although obviously I'm not a qualified lawyer yet so don't rely too heavily on my advice!
The law in the UK is the Copyright, Designs and Patents Act 1988. It covers dramatic, artistic, musical and literary works. Literary works include computer programs (and if the copied game includes the music you wrote that is also covered) Copyright vests in the creator of the work. The idea (i.e. the RPG, type of story etc.) is not subject to copyright but your expression of it is - therefore your particular programming, graphics etc is subject to copyright. Copyright means you have the exclusive rights to makes copies of it, to distribute copies to the public, to make adaptions etc. (see s.16 of the Act) Therefore it looks like it doesn't matter that you are acknowledged as author or that it is free, because your exclusive rights are infringed - not completely sure on this though.
In terms of what you can do, I would go down the route of asking them to remove it (if that's what you want to happen). I wouldn't take legal action without proper legal advice first, but unless you qualify for legal aid it is costly and the legal process takes a long time! Plus the law on computers etc. can be a bit up in the air because it is so new.

Hope this is helpful.
Hubay`s Avatar
Rating Orb Hubay 21 United States MelancholicSanguine 48C 23F
6 years ago | (3)
I'm an intern at an ad agency; part of my 'job' consists of handling the more boring parts of copyright by researching online other ads we might be infringing upon. Ad copyright is very different – and I'm in America – but those are my credentials.

Anyways, copyright on the internet is different than copyright in other media because you can legally sue – or take lesser legal action – in any country the game appears in, i.e. anywhere. If you where a big came company like EA, then you would have the legal resources to find the best country to sue in. The choice is usually between China, the EU, UK, or US.

Obviously, you can't do that; you're not EA games. But I thought I should let you know that you can just as easily take action under American law as you can UK, depending on which seems to be the most favorable to your side. If you actually want to take action, the first thing you could do is go to a judge and ask for a cease and desist letter. Since we (the ad agency) is normally on the receiving end of such suits, I can tell you they usually take a month or two, even if it's not a full-fledged lawsuit.

I'm assuming you're not planning on a suit, but if for some reason you are I would advise against it. You won't get much money in reparations because you'll have a hard time establishing a solid monetary value of your games that have since been ported to other sites (armor games, newgrounds, etc). You might get punitive damages, if the court thinks this guy needs to be punished, but i wouldn't count on those so it would just be a waste of time.

So as several people have already mentioned, if you want to take it down I would contact google. If they're not helpful you could try to leverage your fanbase to complain en masse. You could even talk to Kongregate and see what they advise, since they're the sponsor. But you really should ask to take it down if you're serious about ever doing mobile apps, because if you don't despite having knowledge of the game's existence, under International law you've by default given permission to republish your games. So if you make a mobile app, and charge just a dollar, then someone else is legally allowed to distribute it for free.
SavageWolf`s Avatar
Rating Orb β SavageWolf 17 United Kingdom CholericMelancholic 533C 105F
6 years ago | (3)
Pseudo, as some other users have said, you should sue him! Yes! That'd work, finally a use for your many lawyers who you pay, and also your very good social skills. Sure you won't actually get any money, in fact you'll loose quite a bit setting up the thing, but it'll get taken down. Of course, if you just complain to Google it'll get taken down anyway, but that lacks the feeling of JUSTICE! Hooray!

On a less sarcastic note, you should write a cease and desist letter! Another use for that team of lawyers that you pay so much! And it's very definitely better and much less hassle than just asking Google to take them down. Clearly.

On a not very sarcastic note... Jesus... Why is everyone overcomplicating this? And why does it make me so angry?
Abbx901`s Avatar
Rating Orb Abbx901 15 Pakistan SanguineCholeric 149C 20F
6 years ago | (3)
I think that this game is not as popular there as it is here.
Check out the User Reviews, for MARDEK 1 I mean, about 15 people have given it one star while almost only half the people have given it 5 stars. Furthermore, there are not many people playing it there. Only 30 people have rated it while this site has I think, more than a thousand? All of those people have come here, they came here because of MARDEK, being one of the most successful games made by Pseudo. There also seems to be some technical difficulty there which is hindering the game. So I guess that's another issue costing you your publicity.

I don't think I could complain. One thing I do think which might work, is that you actually become a member of that site. Maybe the option to report complaints might appear then? I think I might try it too. No, I think I will definitely try it.

All the best Pseudo and others
Cheers!
Hubay`s Avatar
Rating Orb Hubay 21 United States MelancholicSanguine 48C 23F
6 years ago | (0)
Most of the user reviews are low because people can't run the game on several phones, so they rated it as a "1." People who can play it rate it higher, but based on the reviews I think the owner self-reviews to amp the rating. Some of the ratings are bit iffy, like the one that promises "hours of playing time," even though it's episode 1 and therefore very short. But i agree that the game as it is is probably not attracting very many new users.
Abbx901`s Avatar
Rating Orb Abbx901 15 Pakistan SanguineCholeric 149C 20F
6 years ago | (0)
I see what you're saying. But, anyone who has been on regular basis, in touch with the site, has almost always rated it. It is not as popular on that boring old site, and might perhaps give a weak impression of the developer. Although it was an ambition of Pseudolonewolf to release it on apps, it got in the way with his other projects. What's weird is that almost half the community rated it with a "1." The other almost half rated it with a "5." So that checks it with the owner's self-reviews to amp the rating.

But I guess that issue's now cleared up a little since the actual developer made a comment on the website here. Which is nice on his part. And responsible too.
Personally, I would prefer to play it on computer, not on the phone. But that's just me!
Thanks.
Cheers.
Tinman`s Avatar
Rating Orb Tinman 21 Netherlands MelancholicPhlegmatic 17C 9F
6 years ago | (1)
I agree with most people here that you should take action.. they could have at least asked you if they could use your work.. Though I must add that I would love to be able to play mardek on my phone, so if you ever find the time and motivation please do, I think if you made them for iPhone and Windows Mobile you could probebly sell them and make a small amount of money! Which is good!

Sameth`s Avatar
Rating Orb Sameth 18 United Kingdom Melancholic 79C 28F
6 years ago | (1)
I've had a quick search around the site you linked and I can't find any place to file complaints or anything. If anyone can find a good place perhaps they could link it (or Pseudo embed it in the post) and we could get Fighunter users to launch mass complaints? Also, should kupo707 be informed that Epic Battle Fantasy is up for downloadl? His games were the only other ones I recognised on that list, but other developers may want to take action as well.
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