Italian website selling porn games and claiming to own the copyright for them
- Thread starter Runey
- Start date
Was not your game removed before? I opened the website and I believe it is there again ("Hotel dei pervertiti"), unless that is another game?
"Hotel dei pervertiti" sounds like "Perverted Hotel" which is a different game. But I'll have a look.
- Aug 6, 2016
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Perverted Hotel is by @ManicMinxy. Like I said earlier, it's best to hit them where it hurts. Talk to the Securion payment processor and show them that they are committing, aiding and abetting fraud. Don't stop pestering Securion.
I've just contacted legal@securionpay.com informing them that giochipremium.com is selling stolen copyrighted material.
- May 13, 2018
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is accecible from france@DrPinkCake @Pandelo @Luxee @ManicMinxy @Aorrta @Lewdlab @stiglet @Zee95 @Mr. Rigg @SmokeyDots @K84
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last one :
it seems to be 3 games :L’APPARTAMENTO: Bello andare a vivere da soli, peccato che adesso i soldi ti bastino a malapena per campare
LA MIA PRIMA VOLTA: Alla veneranda età di 20 anni, decidi finalmente di fare sesso per la prima volta
TI PRESENTO I MIEI: ultimo giorno di vacanza a casa dei tuoi futuri suoceri. Sei pronto ad affrontarlo?
i discover this
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1- is aurora urban secret
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2- is high rise climb
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- Nov 25, 2017
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Just a bit of international law for those that need it...
First of all let's talk about the rights of a translation related to a main object which would be the one under intellectual protection.
A translation can only be considered a derivative product in the case that the creator of the original product approves of it, if it doesn't get approved it means that the translation has no rights and even worse, if the original creator thinks that it damages his profits he has all rights to make a demand based on it and take it down.
Now, that's the general rule, in games there aren't any cases related to translations of it because the derivative product needs the original one to be used so it shouldn't damage in theory the profits of the original creator. If we used analogy (and I mean the legal one), in theory you could attack it as a normal translation of things like news, books... but personally I think it doesn't have enough similarities to be applied mainly because of the need of the original product.
I would say that if there isn't a very strict law, a game translation would fall under the "fair use" clause, even so when the original creator asks for the takedown of a translation no translator would risk going against it, but I would say that if a game is sold internationally there would be no risk for doing a fan translation at all.
But all that I said is based around the translator obtaining no profit over the translation, as a derivative product in ALL CASES, it requires the consent of the original creator for it to obtain any profit at all. Even if it was a translation patch, if they sell it they have no rights at all over their content.
First of all let's talk about the rights of a translation related to a main object which would be the one under intellectual protection.
A translation can only be considered a derivative product in the case that the creator of the original product approves of it, if it doesn't get approved it means that the translation has no rights and even worse, if the original creator thinks that it damages his profits he has all rights to make a demand based on it and take it down.
Now, that's the general rule, in games there aren't any cases related to translations of it because the derivative product needs the original one to be used so it shouldn't damage in theory the profits of the original creator. If we used analogy (and I mean the legal one), in theory you could attack it as a normal translation of things like news, books... but personally I think it doesn't have enough similarities to be applied mainly because of the need of the original product.
I would say that if there isn't a very strict law, a game translation would fall under the "fair use" clause, even so when the original creator asks for the takedown of a translation no translator would risk going against it, but I would say that if a game is sold internationally there would be no risk for doing a fan translation at all.
But all that I said is based around the translator obtaining no profit over the translation, as a derivative product in ALL CASES, it requires the consent of the original creator for it to obtain any profit at all. Even if it was a translation patch, if they sell it they have no rights at all over their content.
Problem is that they are not selling the translation only, if they sold the translation with a mini tutorial on how to apply the patch that would be cool imho
- Jun 21, 2017
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I believe that the violator could be taken down using the following:
Specifically a complaint to AGCOM as the rights holder would get the ball rolling. As I understand it, each rights holder would have to submit a complaint. Financial penalties and ISP blocking are some of the immediate results. You should look into this.
I believe that any EU member would have similar legislation on the books. Each EU member has locale specific IP regulation, but the overall EUIPO umbrella applies. I am no lawyer and I do not read Italian so YMMV.
Agcom
another reference:
EUIPO
Someone who reads Italian would have to dig the appropriate complain mechanism out of the AGCOM site.
As to the translation et-al arguments, the site owners are in copyright violation by selling a copyrighted work without permission of the rights holder. They are also modifying a copyrighted work without permission. Most copyright law is very similar across jurisdictions and is subject to the applicable EU and Italian law. As rights owner you have to prove that you are the originator of the work in question.
Good luck.
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Specifically a complaint to AGCOM as the rights holder would get the ball rolling. As I understand it, each rights holder would have to submit a complaint. Financial penalties and ISP blocking are some of the immediate results. You should look into this.
I believe that any EU member would have similar legislation on the books. Each EU member has locale specific IP regulation, but the overall EUIPO umbrella applies. I am no lawyer and I do not read Italian so YMMV.
Agcom
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another reference:
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EUIPO
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Someone who reads Italian would have to dig the appropriate complain mechanism out of the AGCOM site.
As to the translation et-al arguments, the site owners are in copyright violation by selling a copyrighted work without permission of the rights holder. They are also modifying a copyrighted work without permission. Most copyright law is very similar across jurisdictions and is subject to the applicable EU and Italian law. As rights owner you have to prove that you are the originator of the work in question.
Good luck.
We don't need to fight fire with fire. DDOS attacks are not advised. We're in the right here, so doing anything illegal would ruin this whole situation.
- Aug 11, 2017
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The problem with the AGCOM procedure is that it requires a PEC, a type of certified electronic mail, which is a paid service and requires to be residing in Italy to have one (if I'm not mistaken). Otherwise I'd already would have helped Runey to file a complaint via the online module.
Unfortunately, if you take a look at it you can see that the PEC address field is mandatory. And the online form is the only way to act, as far as I know.
- Jun 21, 2017
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Didn't know that. I didn't dig into the site that much. Could you not find an Italian Law student or someone else willing to do some pro-bono as a proxy. Maybe work out a beer money deal?
Round up an Italian resident who would be willing to proxy. Get all of the aggrieved parties to send required details and a few paypal bux and start submitting complaints. Once AGCOM starts rolling I am pretty sure the thief will fold up tents and run. The penalties are pretty stiff. I am sure that somewhere in the F95 community there would be someone willing to help out.
- Aug 11, 2017
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I actually am an Italian law student. I still wouldn't be able to help, to be a lawyer you need to be graduated and pass a public exam. I could file the form for the AGCOM, but I don't have a PEC address. Pretty much no one has one, only companies usually get it for legal communications.
If I were already enabled to exercise the legal profession I would help, but I have neither the formal qualification nor the experience to be of any use in this circumstance.
- Nov 20, 2017
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So, completely theoretical, as @Runey or the other must decide this.
I assume you could help him to find a suitable laywer that are willing to represent him and all the other devs that want this?
I'm sure this would help a lot for them.
- Jun 12, 2017
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