Virtual Date with Keeley

[ExLibris]

With respect, I can only assume that you haven't kept up much with more recent games. It doesn't take a very technical comparison to reveal the massive gap in graphical capabilities between current mid-range PCs and consoles. Consoles are highly specific and very outdated computers for the out of pocket/people without the cognitive ability to build and maintain a decent PC on the cheap/social gamers who prefer a casual sofa co-op experience. The limitations of the console (a major one is an ADHD target audience) make it a pain in the ass to develop for if the game doesn't have explosions of gore every two seconds or some cutesy deformed avatar who does pointless things on screen.

That's not completely true. The PS3 is a notorious pain in the ass to develop for. The 360 only gets that title because it's a pretty ancient PC: you don't have to mess about with newer tech nearly as much. That's not even getting into mods, an area where the PC completely steamrollers any console around.

You'll note that very few of these games are worth playing. They're usually some variation of 'ESTABLISHED FRANCHISE (N)' or 'GENERIC LAWNMOWER SIM' or 'VARIANT OF DANCE DANCE REVOLUTION'. When was the last time you saw console devs stretch themselves and make something unique? The last one I can think of offhand was Psychonauts, and that didn't do terribly well.

I beg to disagree. People have been heralding the end of PC gaming for years now. It hasn't happened, and if anything it's going stronger than ever. Pirates are an unavoidable risk, they come with the territory when you decide to develop for the PC. Making the loyal customers jump through hoops to mildly inconvenience any pirates is ridiculously stupid, and as you said it's politician's logic.

The difference you're referring to is mainly caused by the fact that the major consoles are 5 or 6 years old at this point and are beginning to show their age. However, I will grant you that the PC is a much easier platform for indy game developers. I was thinking more of the difficulties of creating a game that works with multiple (slightly different) operating systems, different video cards, and so on. The hardware on the consoles may be obsolete, but at least it's predictable.

Very few mainstream commercial games on any platform are original these days. The problem is that the budget for A-list games has increased to the point where most won't make a profit unless they're number 1 on the sales chart. The original Wing Commander started that with its million dollar budget (which it wouldn't have made back without the addons). The result is that most publishers won't risk anything that's not a proven concept (or a ripoff of a proven concept).

However, I think the most depressing thing you said was "Pirates are an unavoidable risk, they come with the territory when you decide to develop for the PC". I can't really argue with the truth of that, but it's extremely sad that we've reached the point where game publishers have to accept the fact that more people are going to steal their game than are going to purchase it legally. While I don't buy into the argument that every pirated game is a lost sale, it's inevitably going to decrease the profits on a PC title (and as mentioned, most games aren't profitable to begin with), which to me is a reason why publishers would prioritise console games.

[blaman]

@ Tlaero & Phreaky - I feel really bad about what happened. This kind of things are literally the worst thing that can happen to a developer. To do something out of pure passion, without expecting anything in return and having this done to you... This is horrible...

Unfortunately, on platforms like iOS and Android such things happen, and happen often. I make games on iOS and I know a lot blatant ripoffs on that platform, can't even imagine what's happening on the less controlled platform...

---

As to piracy - I have a bit different stance. Our games cost .99c and they are pirated. Pirated a lot, 70% + of the games are pirated copies. But there's nothing you can do about it, you can't even count it as a lost sale. If someone pirates something costing less than a cheeseburger, then there will never be a way to convince him to buy anything. That's not even stealing, it's more like watching a movie through a windowpane - little harm done really

I'm still against piracy and I still thing it's a wrong thing. But at least from my experience - it brings more harm to bother with it than to simply ignore it and focus on providing the best experience. Look where Ubisoft was brough by the opposite approach and you'll see what I mean

[tlaero]

I just want to make sure my stance is clear.

I'm not talking about someone playing my games without paying for them. I release them for free without advertising, so playing without paying is what I expect everyone to do. I'm sorry to hear that people steal your 99 cent games, though. Way back when I was in college, I used to pirate games like everyone else. Later I had a job in Si Valley and was standing in a game store looking at a box when the guy standing next to me said he had made it (and I don't think he was hitting on me). I said, "Wow, cool. This is the same company that made X." And he said, "Yeah, I made that too." I told him I loved that game. I didn't tell him I stole it. I haven't stolen anything since, though. It's different when you realize you're stealing from someone, not a faceless corporation.

I'm also not talking about someone seeing my game and deciding to make his own game about an accountant who meets a blond coworker, dates her, and has sex. In that sense, we've all been ripping off Ariane all along. God, Ariane, I hope you don't mind. You've definitely been an inspiration, and Phreaky and I at least have tried to make stories that are distinct from your excellent one.

My complaint is that someone took Phreaky's and my actual game, recompiled it, and released it as his own. Blaman, as a creator yourself, I'm sure you see the difference. I'm not sure if others do though. I don't know how to explain it other than to say it's a much higher level of violation than normal stealing.

Tlaero

[Norse Graphics]

There's one effective avenue that has presedence in law, and that considers those handling stolen goods, in this case online. Maybe they should go after the uploading sites and fine them according to this law. It would make sense, and there wouldn't be the draconian enforcement on the public which drives people away from PC-gaming. A couple of them fined some multi-million dollar fines, and maybe the rest would toe the line. I don't know.

[blaman]

@ Tlaero - to me the offense is as clear as anything can be

I suggest you do something about it. No courts, as it's a slow and painful method (and probably very costly as well), but please do notify Google about the offense. They'll know what to do. The app just has to be removed from the marketplace, the faster it happens the better

It is your work, and only yours. Don't let some scumbag profit from it

Some examples from 'my market':
http://toucharcade.com/2011/11/10/rip-o ... lash-port/
The Blocks Cometh - also stolen art, recompiled, developer info removed and released on AppStore
of course countless Minecraft rip-offs
and many more

---

As to piracy (not STEALING your work)

I also pirated games when I was younger and couldn't afford them. It's a lame excuse, I know. But now I live off making games and I buy them, a lot. And truth be told - without playing all the games, even those I couldn't afford, I wouldn't have all the knowledge and experience learnt from those games. Yeah, it's lame but it's also true. There are people who will buy your games, but there are also some that will never buy. And I'll be perfectly honest - I'm not exactly happy to see my work being pirated, but if it is pirated then people think it's good work. And maybe they'll tell others about it and I will profit from it ? You never know

I'm not supporting or making a case for piracy here - just trying to show that there is a difference between stealing a game and stealing someone's work. One is simply wrong, but the other should be punished as hard as humanely possible

[Norse Graphics]

Maybe change to 'Masculine' if your name is John....

[lucky loser]

I'm sorry that your work is being used by others without your permission. If they're making a profit, they should cut you a check for some of it for sure. But if they're adding to it, modifying it (see: game mods, cough cough), then they're taking your creation and changing it, adding their take on it and creating a new context and a new creative result. (My impression is that this ISN'T what's happening, which is a shame)


Musically, think of mashups or samples used in hip-hop. The end result is a new song with parts of existing songs combined in new ways. There's a lot of the old, but the result is very different and simultaneously promotes the underlying samples.

I'm not a specialist in laws or Interntet rights, but I think you should register your future games under a Creative Commons license (http://creativecommons.org/). It allows you to remain producing free stuff, but I think it protects your creations from acts of piracy like this one.

It allows you to define how your work can be used in a breadth of options that get away from the all-or-nothing approach of copyright or public domain. Dig into it, it's pretty flexible.

As for complaining to Google, that would be like asking a child molester to babysit. I doubt there is anyone anywhere that makes more money from the outright theft of intellectual property than Google does.

Tlaero

It's just a search engine. It finds this site, it finds that site, it doesn't host anything. Attacking a search engine for showing links is like blaming a sidewalk for counterfeiters setting up tables with fake Gucci bags. The targets for your ire should be the people who are bootlegging your work (i.e. the counterfeiters), not the digital version of the phone book.

I'm involved with a content-creating industry, and dealing with new technology is a challenging part of our daily work. Some things are excellent advances and have enriched the artistic and financial outlook for us, while others have had the opposite effect. Google is not the problem. Blog owners who post existing work and refuse to remove the work and link to legit sites through their blog are the problem.

Mike Masnich's blog, Tech Dirt http://www.techdirt.com/, covers a lot of these issues, and there are many examples of how small businesses & content creators can navigate today's digital scene. (this blog is not always on target, but it covers a wide selection of current events, legal developments, new technology, and accounts of artists who are able to continue making $ post-download.)

The formula they suggest is "Connect with Fans (CwF) and give them a Reason to Buy (RtB). CwF+RtB=$$$"

Obviously you've got a ton of fans here (including me!) who you've built a fan base with, we donate for access to Shark, Chaotic, Puso, etc. There's also the various crowd-sourcing sites. Does it make sense to raise some $ from fans while assembling new games?

Good luck!

[Greebo]

Maybe change to 'Masculine' if your name is John....

Whose name is John?

[Graen]

Maybe change to 'Masculine' if your name is John....

Whose name is John?

This is why we don't reply to Spam... *le sigh*

[TheBrain]

. hat gesagt…
the game was just run through a script to turn it into something useable on a touchscreen. it's free just as the original. it's not credited to anyone because the original wasn't either. so if that fits your definition of piracy: it certainly wasn't indented as such.
if someone credibly asks as the creator for the unauthorized ports (and labeld as such) to be taken down or handed over: no problem there.

=> http://droydate.blogspot.com/2011/01/vi ... mment-form

[Beherit]

Hello Tlaero,

just to have some information about your next game, if it is finished or still under construction and if you found a solution to fight against piracy for your future games. Because i read your old post, and it would be sad if you stop making games.

Bye.

[Greebo]

. hat gesagt…
the game was just run through a script to turn it into something useable on a touchscreen. it's free just as the original. it's not credited to anyone because the original wasn't either. so if that fits your definition of piracy: it certainly wasn't indented as such.
if someone credibly asks as the creator for the unauthorized ports (and labeld as such) to be taken down or handed over: no problem there.

=> http://droydate.blogspot.com/2011/01/vi ... mment-form

Fascinating! So he/they didn't know the original was credited to anyone...

Dating Keeley, a collaboration between Phreaky and Tlaero.

After exctracting to the local drive, please find a folder named 'keeley' and start with START.html

Enjoy !
Phreaky and Tlaero

(From the readme.txt included with the original download)

But then of course, how on earth could one contact the elusive Phreaky and Tlaero to see if they are happy with a buggy android lash-up of their games being uploaded uncredited to andappstore.com? Certainly not by Googling for "Phreaky and Tlaero"...Oh look -- the top two search results!!

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the-new-lagoon.com/viewtopic.php?f=3&t=125
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Play Force One - Daydreaming with Keeley erotic flash game
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[Norse Graphics]

A poor excuse, but at least he/she's willing to relinquish the Android app. Anyway, he/she could use some practise creating apps so the next time they aren't buggy. Maybe asking for permission first would be a smart move.

[leonizer]

If this game is still published on the Android Market (but I was unable to locate it today) and you Phreaky and Tlaero want it to be removed, please let me know.

[ExLibris]

It looks like ignorance of the law was his problem, specifically Article 8 of the Berne Convention:

Article 8
Right of Translation
Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works.

Speaking of which, http://www.chillingeffects.org/ is a good site for learning about copyright in an online world.