Take a look at this. All these games are FREEWARE, yet the CD is retailing at ten dollars in shops and online. There must be over 100 freeware games on there, and all are being sold for some unscrupulous price. Add to the fact that I only have MMF 1.5 Standard, and can't legally sell any games without putting a Fueled By Fusion logo on.
The screenshot with the link also states that the CD contents are copyrighted to Next Step Publishing. Surely this is illegal too.
I've seen my Smidgets games, Gunner 3, Factor X, all being sold without any one of us getting any cuts of the profits.
I'm very unhappy about all this...even though your games may be on it and they're spread around. What are your opinions? And can Clickteam do anything about this?
you're not paying for the software, you're paying for the CD its on.
edit: apparently
Edited by the Author.
"Say you're hanging from a huge cliff at the top of mt. everest and a guy comes along and says he'll save you, and proceeds to throw religious pamphlets at you while simultaniously giving a sermon." - Dustin G
No, that's the problem with the Freeware liscense. The Game can be distributed in any manner by anybody, however the copyrights and such are still with the owner. It sucks, but if you didn't want it on there I think they would have to take it off.
I will ask our lawyers but we can only bother them about the Fueled by Fusion logo on the outside of the CD. We do not know who said Yes or No to being on the CD.
Everyone who has a game on the CD needs to write to them and complain and "threaten" legal action if their game is not removed from the CD.
Yay I have support! I haven't contacted the company directly, Im not sure what the URL is.
What I'm really hoping for is that the Clickteam lawyers agree there is a case.
I'd understand if the CD was sold for something like 2 or 3 dollars, to cover the cost of that individual CD.
But the Fueled By Fusion aspect could turn this whole thing around. MMF Standard MUST include somewhere in its file a "Fueled by Fusion" logo if its product is to be sold. Smidgets X doesn't contain that, and neither do many of the games on that CD. So I'm hinging my hopes on that. Because all the games which don't have it are technically breaking the contract by Clickteam, and thus legal action could ensure.
But then there's the problem of CD production, as Kris said. Ten Dollars is worth about £6, and an individual CD CLEARLY doesn't cost £6. You can get them at about 50p each.
And if the lawyers decide there isn't a case, then I urge everyone whos game is on the CD to contact the author and ask for its removal. Legally, if they don't, you can threaten action, and that's exactly what I'll be doing.
SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE!!!!
or sue?
haha @ Shen.
Good luck with that, Circy.
EDIT: Oh, and here are all the click games I know that are on it:
Bananarama
BattlePit
BrainlessDemo
Deadly Tournament
Desktop Destroy 2
Eagle Hunt
¿ EKTROID ? (Elektroid?)
ElemntalPanicCrash
Factor X
Gravitorb 2
Gunner 3
GvsE2
Gvse3
HeliumManMiniBattle
LeapFrog
Nastyman
Poke and Gravy Party
Pokes BBQ
¿Pro Trolley? (maybe)
Red Feud
Smidgetsx
SpaceHerdy
that site looks like a total scam. i doubt they're selling many copies, but if they are, then it's a bloody crime. i hope you hang 'em up by their swollen testicles, circ .
You know, you'd just have to find one game on there that does not explicitly state that it is distributed under freeware licence to be able to sue them. A cease and desist'd probably do it.
Problem is that I can't recall the MMF EULA. I could understand if you don't have Pro, the freeware licence might be the only way you're allowed to distribute. But Pro gives you full copy control, right? If I'm wrong it doesn't matter, but do we know if any of the klik games were made in MMF Pro?
'Klikkers can be resourceful'
and some can be raging hackers (crackers, etc.). but jeez these guys are idiots. any casual web surfer can pull out a freeware app they've seen on that. especially that love calculator thing, that was popular around here for a while.
er ^ above comment is not any sort of direct threat. i have no idea how to hack.
EDIT: you know, i think i saw something like this at my local walmart. you know those example games that come with the games factory? a couple were on there. i was pissed off that day i downloaded TGF.
No, you should not sue them. The best thing to do is demand royalties. Tell them that they can distribute your game but they must pay you royalties. You could make a little money that way.
Edited by the Author.
99 percent chance that the above post is 100 percent correct.
i think you'll find that nearly all of them on this cd are click games.
i found that our local store is selling vol 1, for $22.95 AU.
so thats what sort of conversion-markups are going on, by the time it gets to a retailer.
everyone along the line has made money except the creator.
you may well laugh and say, do you own a piece of pirated software? how do you now feel?
BUT,
we make these games for free, so thats akin to taking candy of a baby.
and yes- they all sleep well at night too. the manager of the store i spoke to about it, said, they sell a lot of them, and know full well that they are downloadable for free, (but) for the people who dont have internet etc, (was his excuse or justification)
the simple fact is they dont have anyones permission to compile such games on a disc.
Not only did they steal one of my games, it's quite possibly my crappiest game.
Disgusting...
Show me the power child,
I'd like to say,
That I'm down on my knees today,
Gives me the butterflies,
Gives me away,
'Til I'm up on my feet again,
I'm feeling outshined.
If I suddenly decided to demand loyalties, then even if they accepted, I would be turning my back on what I believe in.
I couldn't give a crap about royalties, I'm just furious that they are selling Smidgets X AND The Smidgets Demo (which I just noticed, and its an insult of a game - even though I was called Circlesoft at the time). They didn't ask me, which they legally have to do. I didn't ask them to put it on CD. They just TOOK the amount of effort I put into a game and are selling it for their own breezy, greedy profits.
If the CD was about 2 or 3 dollars, then I'd understand the need for CD reproduction. However, posting and packaging is NOT included, as I've seen this CD at a couple of e-stores, and posting and packaging varies.
These people are scum, and I refuse to be beaten by this. I have a friend who studies law, I shall be speaking to him later today, and then think of doing a charity bungee jump to raise cash for hiring a lawyer
Sounds like some guy who was thirsty for money downloaded a bunch of click games and stuck 'em on a CD and sold them for quadtriple the price there worth which is nothing seeing as there freeware and all. I hope you take a stand CIRCY those fiends will pay!
Don't forget to write to your favourite computer magazine. I'm sure there are plenty of freeware software designers who read PC Format who'd like to know about this, and it's the best public way to expose it. So go on... write a letter and see. I'd like to see the git's face when he reads about himself in his favourite magazine... explaining what a tard he is!
I'm not sure, but I think the maximum 'reproduction' fee is £5.00. However I don't think sueing is a possibility with such low profit and seeing as it's freeware, but you could surely have them withdraw further copies.
WTF? My old crappy game Pro Trolley is in there, These guys cant do this, there making prophet of other peoples hard work. i might write to clickteam and do what circy said.
Hey, haven't checked out the Daily Click boards in ages, but when our friend Johnny Smeby alerted us to this travesty, we wanted to go back and see what was happening in the community.
3 of our games are on that CD as far as we know, and it's completely unfair to everyone who's on it. This company is profitting off of freeware, with characters and ideas that we have rights to. And even further, they are ignoring the "Fuelled by Fusion" rule, AND the fact that many of these games do use sounds or characters from other sources which is fine in freeware but NOT for retail sale.
We plan to contact them and hope many of you do the same. Maybe a bulk of response will clue whoever made this into realizing they made the wrong decision and that they are actually stealing. We are also reporting this website to their host, to see if maybe we can get it shut down. Best of luck to anyone fighting this, and hopefully the problem can be solved.
--Alex and Ellery of PokeGravy.com
Those of you who have contacted the Giant Store or are planning on it, keep in mind that they didn't make it, Next Step Publishing did. Both seem kind of shady, and I can't for the life of me find how to contact Next Step. Anyone know?
Edited by the Author.
Check Out www.PokeGravy.com for daily comix, cool animations, and fun games!
can't you just ask the store company for a contact address? tell them what's going on and maybe they'll sort it out for you
"Say you're hanging from a huge cliff at the top of mt. everest and a guy comes along and says he'll save you, and proceeds to throw religious pamphlets at you while simultaniously giving a sermon." - Dustin G
can't u just be happy for them? they are making easy money..
I wouldn't do it, copy all my 2000 mb on klik games onto several cdss and sell it for 5 bux a cd.. I would make 50 bux a month.. who wants 50 dirty bux?? eugh!!!. Besides this is uruguay the cheapest country in the world.. no one is going to buy games here.
Heh, I can't believe two of my games got in there. The first one's Hallway Deathtrap, and the other's Slayer 2. The latter one was an horrible game and I'm still wondering why they bothered placing it there at all.
Anyway, that truly sucks. Legal action should be taken, since none of the games found on that compilation were designed and released for commercial reasons. These people are cashing in for stuff that they didn't even made at all, and it's even freeware material to begin with. Meh.
everyone, contact that guy and tell him to take the games out, if EVERYONE does it he'll get cut as, even if he doesn't take them out, we still would've pissed him off
--------------------------
Current Projects:
+
+ S#32
+ Ricky Runfast!
+ The GameStormers (YouTube Channel)
+ Final Fart! (Board Game)
Sorry to say this, but if it was as easy as saying "I own this game, you can't take it!", there would be no such thing as a copyright, or a patent. Things like this happen ALL of the time, and quite often, nothing happens about it. You're all one in a million.
Life is a rave. You enjoy it while its here, but forget it when its gone.
Someone has suggested to me some time ago that we should make our own CD and sell all the cool games What do you reckon we do that, and instead this time the creators get the profits? I'll flog a couple off at Supanova
Mike
"Now I guess we're... 'Path-E-Tech Management'" -Dilbert
None of my finished games are well known enough to get on anything like this but im still p****d that someone could steal so blatantly from so many people. if anyone knows a good way to get a virus to them please do it, they are stealing from we, creators, who are the most exploited group of people in history, but as this is very computer related there are ways (i dont know any but i know of a few) and im sure that unless an author states otherwise they MUST ask for permission, as for the fueled by fusion thing and the copyright bit... welll thats just screwed up
GOOD LUCK TO CIRCY AND ALL THE OTHER CREATORS ON THAT CD!!
Edited by the Author.
Twas brillig, and the slivey toves
Did gyre and gimble in the wabe,
All mimsy were the borogroves,
And the momewraths outgrabe.
Tha'ss it. If no one has any objections I am emailing them this thread. Mebbe a virus or two as well >.
1 day for objections people. This includes legal reasons, etc.
I was considering emailing this thread to them myself, but I think it would mean more if it came from someone who had a game ripped off. I dont know how good you are at writing, HOSJ, but dont be nice about it Threatening legal action always gets you what you want, I have learned through experience.
Mike
"Now I guess we're... 'Path-E-Tech Management'" -Dilbert
"if anyone knows a good way to get a virus to them please do it"
jeez... do you think they're stupid enough to open an email attachment from some guy who's trying to boycott their business?
Edited by the Author.
"Say you're hanging from a huge cliff at the top of mt. everest and a guy comes along and says he'll save you, and proceeds to throw religious pamphlets at you while simultaniously giving a sermon." - Dustin G
I finally got an e-mail back from The Giant Store, and they said they are unable to get any addresses...probably for security reasons or whatever. They recommended using internet search engines, and yesterday I spent about an hour doing so, with no results whatsoever.
Shadowcaster, you have an ok idea about us making aour own cd, with everyone who makes the games getting a little out of it, and at least you'll get reconised for your games instead of some dickhead stealing everyones games without giving credit..
--------------------------
Current Projects:
+
+ S#32
+ Ricky Runfast!
+ The GameStormers (YouTube Channel)
+ Final Fart! (Board Game)
Ok ur missing something! Unfortunately you cant do anything because you are getting credit!!! The logos in your games, unless these guys have an open source, your company logos and credits will still be there.
.M: Yes, that has been said, but they are still breaking the law in more than one way, which has already been established. First of all, they cant be sold unless they contain the "Fueled by Fusion" logo. Secondly, they're selling them for more than the production costs (i.e. they are making a profit from freeware).
Even if they werent breaking the terms, it still isnt the moral thing to do without asking permission.
Mike
"Now I guess we're... 'Path-E-Tech Management'" -Dilbert
Kris: i was thinking of a html based email with something clever done in javascript, im pretty sure ive heard of it being done before not that i have any idea how to do it myself
DOWN WITH THE FRAUDSTER
Twas brillig, and the slivey toves
Did gyre and gimble in the wabe,
All mimsy were the borogroves,
And the momewraths outgrabe.
Paul (Heretic Emu Studios), that is an ignorant statement, actually. There would be no such thing as a registered trademark or copyright if what you suggested were true. My brother, in law school, happens to agree.
Life is a rave. You enjoy it while its here, but forget it when its gone.
He's right. Once upon a time you had to brand everything with a copyright, but nowadays, especially for personal intellectual property, it's implied by default. You'd actually have to state otherwise for copyright not to apply.
Paul is correct, it's intellectual property. Though it doesnt cover everything, which is where copyright agreements and Terms of Use come into play.
It mainly covers you from people taking your idea and saying it was their own, though the difficult part in most cases is proving that you had the idea first. Most commonly people will send themselves a sealed copy of whatever it is in a letter/parcel, that way you can prove using the post mark exactly when you formalised your idea.
Unfortunately it doesnt cover you from people distributing your software, it only covers you from what I mentioned above, which is people trying to pass it off as their own.
I havent read Paul's article, but I'm sure it's the same in most countries.
Mike
"Now I guess we're... 'Path-E-Tech Management'" -Dilbert
It's like cake. The people you buy the ingredeants are already getting paid, and you own the stuffs when your buy them. Then when you make the cake, its all yours. You can sell it and all the profit goes to you. *of course you have other issues like taxes but that is why they wouldnt do that.. or have to do that.
or a paint by numbers. I purchase a paint-by-numbers art set, paint it, and sell it for a profit. Mmm, money. Still no website address that I can see, although I've been looking hard.
Im still kinda amazed this topic is still up on the main boards, its nearly two weeks old.
I Just sent them an email telling them about this. Here's a copy of it:
Excuse me,
I want to know what the crap you're doing downloading freeware games from The Daily Click and selling them for 10 freiking dollars!!! If you don't get rid of of that "product" you're going to end up legally going down the drain! You would probably like to know that there is a HUGE group of people that want to sue your heads off and they probably will VERY soon if you don't get rid of that "product" and make sure nothing like that comes on your website again! I know all this because I am a member at The Daily Click. Also, it is illegal for many of these games to be sold anyways because they must include a certain logo in them which is required by the software they were made with! This letter is not a threat, just something to inform you that you're going to end up in ALOT of trouble if you keep selling the product "Total Arcade 2003"! I am expecting a reply from you very soon. Send that reply to...
and then it says my e-mail address. I'll post again when I get a reply.
If you made a game in the Standard version of TGF or MMF and didn't write a statement on the game that says its FREEWARE but you MUST state the makers name when you distribute it and its found it's way to that CD then your pretty f*cked, you even more f*cked if you didn't put the TGF/MMF Logo in because then Clickteam could probably sue you, although the guys at clickteam are really nice guys and wouldn't do that.
Thats just my distorted view of things. Cirtianly you have every right to complian.
Thats the trouble with making FREEWARE, you've got to be prepared for people to put it on CDs and pass it on because as FREEWARE there allowed to do just that.
That email should have been more polite... not because they deserve it but it would scare them out of their pants if you said "im sure you have the developers' permission to do this as im sure tha you realise that these are their intellectual property etc", it works better than "what the crap blah blah blah".
no offense to you two but those weren't very diplomatic messages
"Say you're hanging from a huge cliff at the top of mt. everest and a guy comes along and says he'll save you, and proceeds to throw religious pamphlets at you while simultaniously giving a sermon." - Dustin G
Oh forgot to mention- things like this are why I put a tiny message on my Title Screen that says "This game is freeware. If you paid for this game e-mail me at whatevermyemailis@whatever.com".
Why's there a star next to the Sig? What if I don't want a sig? This sucks.
well if its a private user he aint doing anything illegal since media cost price for a label printet, laqued and stamped including posting can easily climb towards 6-9$.. But if its a company! For sure. then he can revive all that through his taxes and a media cost cd would be like 3-4$ at max! Also if the game aint over 2 years old. he has to contact the makers. also he mustn modify the zips or exes which comes with ur licensing. Thats what my "online" lawyer told me. Now its up to clickteam.
Sign.
Tina Petersen, Denmark
- Eternal Life, Or Your Money Back -
http://www.befun.dk/
Currently looking for a home (team)
Those miserable bastards... not only are they selling unlabeled freeware and erasing copyright dates, they're SELLING EMULATORS, MARIO GAMES,AND ILLEGAL SYSTEM MODS!!! We need legal action! I'm gonna send that scum some pretty nasty e-mail.
Remember, there's a little darkness in all of us... we just express it best.
--Ragnarok Games
Chicken says some funny stuff occasionally... it would take a herd of raging bulls to make me unblock him on MSN but still...
OK! I'm gonna sum this up... some dweeb is being a dweeb and selling freeware dweeby games made by a bunch of dweebs who are being dweebs and complaining about the first dweeb who's being the king of all dweebs.
Boo hoo, one of my games is on there to... do I care... NO!! Because I know that God will punish him in with a mighty smiting so I'm not fazed... so dry your tears, chin up and Circy, nice objective admin-y thing to say to Chicken there. Gee, I wonder who's gonna be following me down the Fired Admin Train Tracks of Loserville next?
Show me the power child,
I'd like to say,
That I'm down on my knees today,
Gives me the butterflies,
Gives me away,
'Til I'm up on my feet again,
I'm feeling outshined.
lol, ur funny yah dumbass rodent! Ooooooohhhhh who just got called a rodent when there name is of A PATHETIC FEATHERY MISTAKE OF A CREATURE!!! i can see why you have it as your name Nyuk nyuk, lol, bitch
Shut up Chicken, Im a newbie and there are plenty of newbies out there who actually have alot more credability than you do, and using that title as a pay out is probably the lowest form of bashing. Ashman uses wit and humour to justify his bashings, your just like that guy at school who only has one pay out which wasnt even funny the first time.
Ofcourse 'Echisketch -( SUM GUY GAMEZ)-' had no reason to call you an idiot for ressurecting this post, but your come back and second come back were lame enough to grant you the title of an idiot.
'oh yeah? he's thrown a kettle over a pub, what have you done?'
Blaze... you dodgy prick... would you like to come back to my place... Bouncy Bouncy? And a question (Sorry Podunkian if you're reading this but it's too golden for my immature wit)...
You guys really sound like my gf on her period.
So you're mum hasn't hit menopause yet? BWA HA HA HA HA!!!
PS : We're newbies when it comes to being adults... probably because... *drum roll* Most of us are kids not fucking adults you dim witted, grammar defying, non-practicing said preaching pile of lodged on my boot CRUD!
Show me the power child,
I'd like to say,
That I'm down on my knees today,
Gives me the butterflies,
Gives me away,
'Til I'm up on my feet again,
I'm feeling outshined.
Advertisement
Edited by the Author.
.
What do you reckon we do that, and instead this time the creators get the profits? 
I'll flog a couple off at Supanova 
Mike 
