Ninja_Named_Bob
Mystic Girl
- Joined
- Feb 2, 2014
- Messages
- 725
- Reputation score
- 381
While I do not fully agree with...the "PR" of this game, I do not exactly see a problem with protecting one's "assets". You can be sued for illegally downloading music or movies or games and this is essentially the same thing.
There is a stark contrast between protecting one's intellectual property and threatening to take extreme/inappropriate action to prevent the property from being illegally shared/inappropriately used. An example of the proper course of action:
DuelingNetwork and YGOPro used card images from the Yu-Gi-Oh card game without permission. Nihon Ad Systems (whom have ownership over the rights of the card art) issued a C&D through their legal department, demanding the owner of DN remove the art. When DN attempted to get around it by allowing users to host their own servers on the site, NAS issued a shutdown order. As per requirement, DN complied. When the developer(s) of Pro were approached, they removed direct download links from their site.
If NAS had pursued this with demands and threatening to find out where the developers of both DN and Pro lived and getting their ISP to cut them off, there wouldn't be a reason to take them seriously and the C&D would have gone largely ignored without consequence. Threatening people with extreme action doesn't work, and the courts are less likely to rule in your favor. Now, imagine for a business like Patreon, who probably have over 2 million patrons and projects ongoing, what would happen if they permitted the people behind a project to bully and harass backers. It shouldn't take a genius to figure out that it would die out pretty quick.
Heaven Studios is well within their right to protect their content to the full extent of the law, but they are not permitted to threaten, harass, and otherwise bully others into submission. You lose all credibility and rights to be protected when your first step to ensuring content isn't shared without permission or otherwise misused is to threaten the people who show an interest. And given this is a niche game for a niche audience, it's not the best way to proceed.
Wait, what? Do we have different versions or something? I can write up the text verbatim from the game I'm playing:
"I'm not going to give you a big lecture on how it's illegal to share this game without authorization." (This is true)
"We are NOT going to do that."
"Just remember that in order to create this game and future ones, the authors need to make a living."
"For that to happen, the patreons need to have their money's worth. We are working on patreon only exclusive physical goods like dakimakura's, figurines, t-shirts, etc."
"But still..."
"Don't be an asshole and share the game illegally the first couple of weeks."
"If you do, don't be surprised if you end up banned and reported to patreon."
"We will find you, and we will get your account terminated!"
"With that out of the way."
Blah blah blah mature audiences, over 18 check.
So what exactly about that is so threatening? That if you pirate/illegally share a game you'll get reported to patreon? Where the hell did you get the 'stalked, harassed' part from?
How about going back and reading the parts you posted? In fact, here it is, in quotes:
"If you do, don't be surprised if you end up banned and reported to patreon."
First-off, Heaven Studios does not work directly for, nor are they affiliated with, Patreon. Suggesting that patrons are going to get banned for sharing this content is arrogant presumption and suggestive that they are part of an exclusive group to which does not exist. Suggesting that action will be taken on their behalf is suggesting that they hold sway and authority, thus threatening others in an attempt to hold power power over what others do.
"We will find you, and we will get your account terminated!"
Even someone with the most basic understanding of the English language knows this is threatening harassment of others. From what I know, Patreon allows people to donate either through name or anonymously, but does not require that person to provide anything beyond an email address and payment method in order to do so. What's being stated here is "we're going to find out who you are and ensure your account is terminated!" The first requires a thing called "doxxing" and is highly illegal since it's covered as a form of stalking/harassment. Before you try to debate that point, I suggest looking at how harassment is viewed on the internet.
The second part indicates malicious intent a la pursuing action (possibly illegal) to have the person's account terminated. Disregarding my above point about a supposed "exclusive club" that doesn't exist, this is malicious in itself, essentially guaranteeing excessive punishment will be dealt to the offender.
Their entire spiel about "we don't make money any way outside this" and "you're an asshole if you don't support us" is a transparent attempt to guilt-trip people, and while it isn't necessarily illegal, is still extremely manipulative. That they follow it with "And we'll bully and harass you and demand punishment for the worst offense possible" actually hurts their case.
Anyways, if you fail to see why it can be considered bullying/harassment, then I can't help you as it's clear at that point you don't find anything inappropriate about telling people they'll be found and punished on your behalf while throwing a hissy-fit about how your only source of income is an adult game project and people who aren't giving you money are assholes.
I've said my piece, and I'll leave it at that.
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