Activision's claim will not stand up in court. There is enough difference between each visually that it is not a copy of the other.
In university courses while studying art, we are told a simple maxim: creativity is 95% some one else's idea and 5% your own.
This is just another shit move by a big company to hurt the little guys.
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are you going by the dev-supplied images which are super-misleading, or the other comparison images circulating the net?
Either way you can accuse activision of a lot of things but rest assured theyve got a team of very expensive lawyers that looked at this before any action was taken..
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We have no proof or concept of what resources or people Activision has used in this situation.
Lawyers generally know zero about art, computer games or the visual appearances of firearms.
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I can assure you that is not the case.. activisions lawyers most certainly would understand how laws apply to art used in videogames, as well as fair use and copyright laws. Law is a very broad subject, and the lawyers working for activision most certainly are well versed in those very specific areas - thats why activision uses them. No massively successful, and very wealthy company is going to hire lawyers that dont know the first thing about the laws that are supposed to protect the company from dishonest business practices... its simply a ludicrous claim.
You also didn't answer my question... have you based your argument on purely the developer-supplied art shown in the initial post of this thread?
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Maybe, but he is trying to point out how you fell into the Orion dev's self-victimisation campaign, despite said dev having a history of stolen assets, a good amount of evidence piled up on sites like reddit threads in Activision's favour (and we are talking about a company who is generally disliked), and even further images about how the dev is faking evidence even right now.
This is not a big company hurting a little guy, this is a big guy catching a two-bit thief red-handed while said thief is trying the shout innocence loud enough method.
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not trolling, just pointing out the fallacy of your belief that highly paid lawyers dont know anything about the law as applied to creative works, which is just nonsense.
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You are just as incapable of providing proof to support you claims as well.
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the proof is that cases involving creative works happen CONSTANTLY. Movie studios sue over creative works all the time, musicians get sued over copying music... lawyers are VERY WELL VERSED IN CASES INVOLVING "ART", if this was not true, then these cases would always fail.
I mean holy shit, theres an entire FIELD of law dedicated to art, and another one to entertainment.. how much evidence exactly do you require before you will accept that lawyers that studied in these fields, actually know what theyre doing?!
https://en.wikipedia.org/wiki/Entertainment_law
https://en.wikipedia.org/wiki/Art_and_culture_law
Unless your position is now 'no lawyer knows anything about the fields they study in'.
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And they go silent XD ........... I'm still waiting for his response :P
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Yes, but you still cannot prove that any lawyers of skill were involved in THIS specific situation! That was my point.
You are only screaming and blindly linking to psuedo-reliable source. YOU ARE TROLLING STOP IT
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I bought this on Thursday. I don't think I've ever been that lucky when it comes to a game removed from Steam before.
Activision does suck. Most have known this for awhile. And while some of the weps do look similar, it doesn't look like enough for a DMCA takedown, especially with little to no information as to why they've done it... and all during the largest sale event of the year on Steam.
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David James [developer] (Banned)
I don't think he's having a good week
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so... he banned himself... to protect himself... from himself...
somebody please get this guy in therapy, I've a feeling he may have just a few more issues than a long running magazine subscription
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That actually almost made me chuckle. I saw he was banned, but I didn't realize he was a danger to himself x)
Well, at least he realized that he added to the injury with his posts to some extent. I felt like he was making posts fueled by his emotions. Not a great way to interact with a serious situation and the community.
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Remember when that woman said JK Rowling had plagiarized Muggle and other names from her book? Everyone just laughed at her.
Seems to me a trend. Successful and wealthy people can sue weaker ones whenever they want, but can never be sued in turn. If anything, it should be the opposite, but here we are.
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I actually bought ORION a few hours before the DMCA. Thank god I didn't play it; refunding as I type this.
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This developer was accusedd of this once before with their first game, Orion Dino Beatdown. That one had assets from another Dinosaur game, "Primal something. I forget the exact same. Suppose this time, they picked the wrong video game to take from.
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http://i.imgur.com/iL03zuP.gif
Rip Cod now wants to comeback :D
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Wanted to buy it, but now it's too late ;( well maybe it'll return ;D
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Update: http://steamcommunity.com/games/407840/announcements/detail/814405855450220211
tl;dr: dev said for the game: Should be back on sale today/tomorrow.
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Shame that he found out an artist did steal stuff. It bugs me more that Activision didn't contact them first.
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I agree that what Activision did in NOT contacting them is wrong - THAT is the big problem with the whole situation and the filing of these actions.
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Yes. The "artist" stole it. Absolutely. And he was such a great thief that nobody else in the entire game development team knew and told the project manager, who just now learnt it with the DMCA claim.
By the way, I may also have a couple of bridges at low price that may interest you as a great future investment. ^_^
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Why would the damaged party be obligated to notify the infringing party beforehand? For all they know it may well have been a conscious decision to rip off assets. (which may or may not be the case) Notifying them beforehand is just being super nice. And shouldn't the devs try to figure the situation out before using the victim card? Talk about the devs not taking responsibility.
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Acquired a copy earlier Did the same when NotGTAV and Aliens vs. Predator got removed only for them to both come back again. I'm bad at this!
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Now that it's kind of blown over, I gotta say Activision played it well, while the Orion devs didn't do themselves any favors. Well, maybe, apart from banning themselves. Here's a timeline, of sorts:
http://www.thejimquisition.com/trek-versus-activision-how-orion-went-from-victim-to-villain-in-one-night/
As Rowtan posted above, apparently a contracted artist has been made the scapegoat, but clearly this should've been caught in some internal control procedure.
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Meanwhile, Activision hasn’t said a word, and considering Trek hasn’t so much shot itself in the foot as blasted its own leg off with a bazooka, I can understand why.
This made me laugh. Accurate, though.
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so sad to see people trying so hard to make activision look like the bad guy here, like it's cool to hate them...
they fail so bad at noticing how those orion devs played dirty.
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Its blatantly obvious they took COD's weapons.
Hey, I dont like Activision myself but this is just stealing. You cant just take shit from some game and use it without at least asking (and if they agree paying) for it.
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Activison are scumbags. Hope the game gets back to the store soon!
Edit: Glad to see it's back since yesterday!
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-- Update: http://steamcommunity.com/games/407840/announcements/detail/814405855450220211 ---
So apparently Activision has removed ORION from Steam. This was done via a DMCA takedown request stating:
“on behalf of Activision, who alleges that the game Orion uses weapon art content from Call of Duty: Black Ops 3 and Call of Duty: Advanced Warfare. The weapon art in question includes the M8A7 rifle, the Haymaker rifle, and the Bal-27 rifle."
Continued: http://steamcommunity.com/games/104900/announcements/detail/834671877728578774
https://www.reddit.com/r/pcmasterrace/comments/4q62xb/activision_removed_a_game_from_steam_via_dmca/
Facedesk
As if you've never needed more reasons to dislike Activision.
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