Post by dcrockerjr in developer red flags/ game red flags

Viewing post in developer red flags/ game red flags

"What’s more, I think a developer is legally able to remove their project from a site that hosts/sells it at pretty much any point. I wouldn’t expect that itch has any legal ground to just reupload previously uploaded content without the consent of the developer/publisher."

removing the store page and preventing future sales is one thing, stealing back an item after it has been sold is quite something else (for example removing a download or download page only accessible to purchasers)

" I wouldn’t expect that itch has any legal ground to just reupload previously uploaded content without the consent of the developer/publisher."

they have every legal ground to provide something that was purchased

re: steam keys section:

keep in mind this is about steam keys that were part of the purchase or part of a purchase agreement to be delivered at a later time

this is not about begging for things one didn't buy

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Deleted post4 years ago

Deleted 4 years ago

dcrockerjr4 years ago

by most common and trade laws itch would not only have the right but a compelled requirement to distribute to customers who had purchased, however you appear to be right only because a badly worded agreement waived rights itch and customers should implicitly have:

https://itch.io/docs/legal/terms

has the very poorly done "If you choose to remove your content from the Service, this license shall terminate within a commercially reasonable time after you remove your content from the Service."

where the standard language for something like this would be:

To the Company, a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate with respect to promotion and new sales; however the Company and Users who purchased the content shall retain a license to this content even after the content is removed from the Service for the purpose of fulfilling previously sold copies.

note i am not a lawyer, so you would need a real one to fine tune it

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Deleted post4 years ago

Deleted 4 years ago

dcrockerjr4 years ago

a good example of it being actively exploited is:

https://itch.io/b/636/the-big-lewd-spooky-bundle

19.99 tier

https://holodexxx.itch.io/holodexxx-home

which was moved to:

https://holodexxx.itch.io/hdx-home-ep1

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Wechenbetelly4 years ago

“I’m sorry?!” What happened in that case exactly?

I’m asking because right now it looks to me as if…

a developer added four of their games to a collaborative bundle,
removed one of said games from a higher tier because they thought their cut for that tier wasn’t monetarily viable enough after the first numbers were in
chose to do so by removing their game in question from itch.io entirely - thus changing the value proposition without letting anyone know
and then immediately re-uploaded the same game under a different url, so they could still rake in some money.

Just to be clear: Innocent until proven guilty. But right now Holodexxx about their version looks pretty guilty… I’d love to hear their side of the story to maybe get a clearer picture of what’s going on…

Momoiro Software, who hosts the bundle, might also have some things to say about this…

If only there was a way to contact them via a dedicated private messaging system on itch.io. (Because I’m not registering to twitter just for this BS…)

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