Itch.io User Stealing Games

standardplayer

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This belongs on so many reddit comps XD I'm glad this got resolved!
 
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Ooh their account just got suspended when they couldn't respond to inquiries about the games on their page that haven't been reported yet (the ones that were reported got suspended). Looks like those were stolen too. People will be getting refunds - Lunatic RPGs is pretty much getting closed down.
 

Switz

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What worries me is this does not appear to be the first time. No clue if old account was suspended under same circumstances or not, seems that way though.

Which if that's the case.... A new name, new account, and they are back up and running again. Hope itch flagged the bank account and IP. Granted they can get around that too, but it's better than nothing.
 

Jesse - PVGames

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Something tells me they will just make a new name and keep doing. They've been doing it for years under a number of names. But at least Itch took some action this time, which is awesome.
 

gRaViJa

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Let's stay vigilant. If anyone notices something suspicious, it should be investigated again.
 

joepmeloen

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So I was thinking about this;
Cant you sue itch, because it is hosted on their platform. Who posted it isn't your concern because the content is stored on the server and the owner of the server is responsible.
Sure they can point to their "tos" agreement saying that they are not responsible for the content posted by someone else, but 'you' didn't agree to their agreement because you aren't on their platform and so they are responsible for the content published...
 

standardplayer

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That sounds awful. You would see itch punished for another's actions? You can't wrong-proof anything. People will always find a way to steal or do wrong. This might be the only way to punish everyone in the itch community besides the person who did the wrong deed, which I promise you they won't care about
 

MushroomCake28

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So I was thinking about this;
Cant you sue itch, because it is hosted on their platform. Who posted it isn't your concern because the content is stored on the server and the owner of the server is responsible.
Sure they can point to their "tos" agreement saying that they are not responsible for the content posted by someone else, but 'you' didn't agree to their agreement because you aren't on their platform and so they are responsible for the content published...
You can't sue itch because it's a platform and not a publisher that exerts traditional editorial functions. In other words, online "publishers" that have content posted by third parties and don't screen it are not liable for the content they distribute. Think for example a bookstore, it isn't liable for the what is said in the books they sell.

You can still send a DMCA takedown notice if you really want to (if you have the time and energy, and if itch is located in the US) and itch would have to comply and remove the content claimed in the DMCA notice.
 

Lilly

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It's terrible that people sometimes get away with this kind of stuff....:headshake:
 

joepmeloen

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You can't sue itch because it's a platform and not a publisher that exerts traditional editorial functions. In other words, online "publishers" that have content posted by third parties and don't screen it are not liable for the content they distribute. Think for example a bookstore, it isn't liable for the what is said in the books they sell.

You can still send a DMCA takedown notice if you really want to (if you have the time and energy, and if itch is located in the US) and itch would have to comply and remove the content claimed in the DMCA notice.
I'm not sure about this as to what this source says about platforms where users can post copyright content.


It was just a thought of mine, nothing else.
 

Jesse - PVGames

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Also be aware, I just had Dawn Kiefer of Lunatic Games (one of the various names/aliases for this person) sign up as a Patron (I know, not supposed to use the P word, but this is a word of caution, not a promotion) - I blocked them and removed their pledge, but they will undoubtedly try other people on that platform and quite possibly start stealing more resources or games or who knows what. I know some folk here are on there as well, so just be aware.
 

Switz

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Sounds like they are already getting material ready for another account.

As for the sue question and itch.io's responsibility, heck yeah it is there responsibility. This will make at least the 3rd time they have used their website that itch.io takes percentage of sales from. You telling me that they cannot block users with their bank account? IP address? Or other registration info?

No, not personally going to file any claims, but itch.io is negligent in this matter and should not be able to host.
 

Fleas

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Every now and then, I type my game's name into google for stuff like this. I suggest other people do the same, especially if they got a unique name to their game.
Would also be good practice to have alerts sent to your inbox based on your game names.
google.com/alerts
 

bgillisp

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@Switz : They've been ruled not liable by law though. So unless you have a way to change the law, that is how it is.

Besides, if they were, then what about pawn shops that sell stolen items? They get away with it as they have no knowledge of where it comes from, but the one who sold it to them gets arrested instead.
 

Switz

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However, what if it was a known repeat offender? Unlike itch, when discovered I seriously doubt that pawn shop is reimbursed their expense when they purchased it. Itch on other hand takes percentage of every sale.

I'm sure there are plenty of laws regarding running a pawn shop business that they have to abeid by when it comes to suspected stolen items. Every business out there is subject to laws in their respective areas.
 

bgillisp

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Right but so far no distributor is liable if someone posts stolen items on there. Article 13 in the EU is attempting to change that but for now, there's nada.
 

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