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Check out my work on Xbox Marketplace...

polycounter lvl 18
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ElysiumGX polycounter lvl 18
...that was used without my permission.

A friend sent me a message this morning. I read it and quickly booted up the 360. Browsed the Community Games section of Marketplace, under the letter S. A little game called Starfield.

http://marketplace.xbox.com/en-US/games/offers/00000000-0000-4000-8000-00005855014b?cid=SLink

Check out the trial, it's amazing (sarcasm). A college students finest work on a senior project perhaps. He used my model, and likely a majority of my friend's code he spent months putting together.


I posted this thread last year.
http://boards.polycount.net/showthread.php?t=54564 (no images, i have since changed host and domain)

Here's a video of our project with my content: [ame]http://www.youtube.com/watch?v=iKqorHLZimw[/ame]

And this is my model: http://willc3d.com/pages/shmup.html

This was from a project a friend and I made for fun. It was a demo created using XNA that we used to teach a class at a local expo on game development. We gave a link for the project files to the students sometime around September 2008, but with a license agreement that all content was for learning purposes only.

Starfield was created as a class project for Fall 2008, and released on XBLive and 12/20/08. How fucking cheap is that? The game credits the developer as being Brian Vees. It looks like he took my model, and my friends code, slapped numerous space wallpapers onto the background, added some of his shitty drawings, and uploads it to Xbox for $5.

I'm a little upset that a model I created is all over this game, on Marketplace. More upset if this guy used our content to pass his college course on Game Development. Yes, I am reporting him for abuse. And I wish Microsoft would implement some standards to their community releases.

WTF! :poly127:

Replies

  • MoP
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    MoP polycounter lvl 18
    Ouch, bastards.
  • coop510
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    Wow, thats some BS... I'll see what I can do at the school to get this rectified.
  • Mark Dygert
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    screen2_Web.jpg
    wow... just wow...
    I'm not sure if that's a alien boss, a atom bomb going off, or a fly surrounded by ice cubes?
  • ElysiumGX
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    ElysiumGX polycounter lvl 18
    That would be great. I have reported this game to MS.

    Really, I don't care if he used the files for any educational purposes. We shared the project with some folks specifically for that purpose, typed agreement included. I would hope he didn't use a majority of our work for his class project. That he would find any profit in using them really upsets me, and so soon after we did the work ourselves. To see something I created, used without my knowledge or permission, displayed on Xbox before I have the opportunity to place it there myself. Unbelievable.
  • SHEPEIRO
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    SHEPEIRO polycounter lvl 17
    cheeky fuck- and boy does his shit look weak
  • Andreas
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    Andreas polycounter lvl 11
    ElysiumGX wrote: »
    That would be great. I have reported this game to MS.

    Why stop there? Find out what college he attended and rat him out there, see if they can do anything about the qualification he got through stealing. And get every penny he earned from putting the game on XBL too.
  • Daaark
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    Daaark polycounter lvl 17
    I'm an XNA programmer, I'll start a thread on the main forums for you. Done.
  • Kevin Albers
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    Kevin Albers polycounter lvl 18
    ElysiumGX wrote: »
    And I wish Microsoft would implement some standards to their community releases.

    They do have standards for games released on Community Games. Developers certainly are not allowed to violate copywrite laws. Since he is being reported, he is almost certain to get in trouble, have his game pulled from the service, etc.

    Sorry that this happened to you. I'd be very upset if someone used my stuff without permission and claimed it was their own!

    I'm an community games developer. I just reported his game for copywrite violation, in case it helps to have several people report EVILDOERS.
  • Target_Renegade
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    Target_Renegade polycounter lvl 11
  • Daaark
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    Daaark polycounter lvl 17
    They do have standards for games released on Community Games. Developers certainly are not allowed to violate copyright laws.
    Not violating copyright is one of the requirements for passing peer review, but no one can check that stuff beyond the obvious, well known stuff.

    It will probably be taken down.
  • ElysiumGX
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    ElysiumGX polycounter lvl 18
    Thanks Daaaaaaaaaaaark.

    I was referring more to quality standards as well as copyright violation. I hear the iPhone app community is bad about this as well.

    I don't want to drag this out. I want the game removed ASAP. I want this guy to learn he should do his own work if he is looking for success as an independent developer.

    And, he should probably look for an artist, instead of leaving it as if a 2nd grader facerolled his keyboard with Photoshop open.
  • Daaark
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    Daaark polycounter lvl 17
    ElysiumGX wrote: »
    And, he should probably look for an artist, instead of leaving it as if a 2nd grader facerolled his keyboard with Photoshop open.
    Heh.

    That's a sore point in the XNA community. Lots of programmers. Few Game designers, fewer artists. I have brought up the programmer art thing a few times, and recommended this place to learn and get critiqued to improve, but it never goes over well.

    Gradient fill, drop shadow, and bad color clashes are the way to go!

    And if you do make a very well designed game with nice art, you get a thread started by someone trying to argue why it's shouldn't be up there.

    :poly142:
  • ericdigital
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    ericdigital polycounter lvl 13
    That really sucks man, I hope everything is sorted out!

    I thought there was a more rigorous screening to get games onto the xbox live marketplace. If I recall they actually assign you a producer to make sure your meeting milestones during production and meeting their standards. I actually didn't even know they accept "student" level games!
  • Ghostscape
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    Ghostscape polycounter lvl 13
    That really sucks man, I hope everything is sorted out!

    I thought there was a more rigorous screening to get games onto the xbox live marketplace. If I recall they actually assign you a producer to make sure your meeting milestones during production and meeting their standards. I actually didn't even know they accept "student" level games!

    This is a community game, not an Arcade game.

    The Community games are developed using XNA exclusively and are typically student/wannabe type games.
  • ericdigital
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    ericdigital polycounter lvl 13
    ah makes more sense, no idea they had something like that!
  • zman
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    If you followed the 'report abuse' link on the marketplace page and reported 'unauthorised content' then Microsoft will pull and investigate the game. Hopefully you provided relevant links in the detail box that will enable them to prove this easily. Should you with to make any legal claim (remember that game could have made the developer money) then I suspect Microsoft will be only too happy to help your lawyers out.

    I've also sent a link to the relevant folk at Microsoft...

    Part of the review process developers go through is to help spot IP violations but its hard for people to know everything so if people just take work from the internet then this happens. But you have followed the correct process so it should get resolved soon.

    If you have any questions about the process feel free to email me - zman@thezbuffer.com

    Andy
    XNA Game Studio MVP
  • jwatte
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    I don't care if he used the files for any educational purposes.
    Well, his future colleagues at whatever company he ends up working at, may. Plagiarism and cheating is not acceptable, period. The point is to become a highly skilled engineer who can contribute to the world, not to just get a few points on a class because that's the requirement for getting the next student aid check...

    I really hope someone follows through with his school/department and teach him that lesson.
  • coop510
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    Im sure you dont care if he used it for his class, as long as he credited you and Nic with... um... all the work...
    But I doubt he even did that. I'll talk to his teacher tomorrow, because I know he keeps all the files of the games students turn in for that class. If he credited you two, fine. If not, then he'll be in some trouble.
  • ElysiumGX
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    ElysiumGX polycounter lvl 18
    zman wrote: »
    remember that game could have made the developer money

    I highly doubt it. And if it made more than $20, I would be impressed. So, I will not follow with any legal action. If anything it would prove how profitable XBLive Community would be once our game is actually finished. We both put the project on hold for a while, due to Funemployment. But now we're working to get it back in motion. The level of quality on Community Games has somewhat motivated us to try something worthwhile.

    @Coop: While our content was used...his game is more than just a mod or our game. He added new functionality. 4 player support. More levels. etc.

    If the instructor was aware that my model was used for the game, I don't care. Nic isn't as upset since it's from an early build...but we're both sure a majority of his code was kept as the core functionality of this game (ship movements, particle FX, etc.). I doubt the instructor would be happy about that. But, my only concern is to get it off Marketplace, which I'm sure MS will do soon.
  • Xenobond
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    Xenobond polycounter lvl 18
    That's pretty messed up, man. Bummin thieves!
  • Daaark
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    Daaark polycounter lvl 17
    ElysiumGX wrote: »
    The level of quality on Community Games has somewhat motivated us to try something worthwhile.
    There is some good stuff on there, it's in the minority though. And the top selling games had a very nice quarter.
  • carlo_c
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    Man that sucks to see your stuff ripped, sounds like it will get resolved though so at least there is some justice there :)
  • ebagg
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    ebagg polycounter lvl 17
    Wow, silly guy, didn't even try to cover up the stolen art! Not a good way to start your career in the video game business!
  • adam
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    adam polycounter lvl 19
    College project or not, the fact that he can - in some way or another - make money off of this, which includes stolen artwork, makes it theft.. I'd contact his school and MS.
  • iworkedatsubway
    Hey guys. At the risk of being beheaded, maimed, and facing any other type of violent demise, I must step up and say I am the creator of this game.

    I stumbled upon this thread while idly searching to see if the game that I posted a couple months ago had any feedback. Other than a few negative reviews here and there, this is what I found.

    I want to admit first and foremost that I'm guilty as charged, however, I would like to clarify a few things. As this was a simple project as an elective class, I didn't have any plans for it to get any larger than outside a quick demo for the class at the end of the semester. Since you've assumedly played the demo, you've obviously noted that I'm not much of an artist, so in a hurry at the early stages of the game I did a quick google search for "spaceship", and found a sprite real quick, sized it way down, and used it. I had no idea that this was actually a model planned on being used for anything (I assumed it was probably years old and no one would mind). However, if you're referring to the high resolution image on the title screen, this may have been based on the model that you've done, but it was drawn completely from scratch by a friend of mine who does happen to be an artist.

    I had no intentions of making any money off of it (and haven't, since I haven't even signed up for that portion of it on the XNA community), and in fact the only reason it's on there at all was so friends and family could download it on their Xboxs and check out what I managed to throw together over a semester. I would've posted it for free, but Microsoft enforces that you have to charge for it to be on Xbox live.

    Since has seemingly caused quite a stir, I will remove the game from Xbox Live and repost it with new images.

    Please know that it was not my intention to benefit off anyone else's work, and as a (very) amateur game developer, I will not "borrow" images from Google for any purpose any longer.

    Again, sorry about this.

    -Brian
  • coop510
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    Well, not much I can do anyway, I assumed he went to the same school you taught the class, but it doesnt seem that way. Oh well, good luck with it if you can tear Nic away from what he's currently working on.
  • ElysiumGX
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    ElysiumGX polycounter lvl 18
    Well, I'm glad this is all getting cleared up.

    @iworkedatsubway: I've gotten your messages. I believe you. It's great to know the real story behind this.

    It's just really funny that the image you used for your XNA shoot'em up, was taken from an existing XNA shoot'em up that was in development. I won't know how it was found on google, since my hosting service has since changed...but apparently google finds all.

    After taking a closer look at the trial of your game, it's easier to see that the code was not stolen. Nic wasn't sure of it being his code, since everything is 2D. So for what you've accomplished, I want to say, nice work. 4 player support was a cool idea.

    I'm glad to know you only used an image, and not the model itself. I was confused, if everything in your game was 2D, why would the ship be 3D? Now you know not to take images from google. I urge you to find an artist for you next project.

    Thank you for agreeing to take the game down. I've been in contact with the XNA Community Manager, and I will now update her on the situation.

    @coop: yeah. seriously. thanks for helping.

    no more hard feelings. no harm done. now everyone, GET BACK TO WORK!
  • iworkedatsubway
    Thanks for your understanding. Yeah I have no idea how Google found that image either, from what I remember I just did a search for "space ship" or something, and found that on one of the later pages. I didn't even intend to use it in the final project, I just needed an image that would suit my purposes while I worked on the game engine. Again, infinite apologies.

    I just tried to log in to my account to take my game down but it looks like they've suspended it... damn do they work fast. I got an email from the XNA Community Manager as well, and pleaded my case. Hopefully they'll agree to let me modify the game and repost it with images that I actually own the rights to.

    Anyway, awesome game video by the way (though I nearly shat myself when I saw how blatant of a ripoff mine must've appeared seeing your model in action). I'll definitely buy a copy when it's released (that's the least I can do, right?). And yeah, I'll definitely consult an artist next time. Or maybe I'll just continue to draw crappy space hedgehogs and flies surrounded by ice cubes. Damn Google images being so tempting.

    Sorry again for all the crap. Good luck on the game and your models, and maybe consider putting the copyright symbol on screenshots of your models in the future so dumbasses like me don't find them on Google, assume they're free and try to use them. :P

    Cheers

    -Brian
  • Daaark
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    Daaark polycounter lvl 17
    Or maybe I'll just continue to draw crappy space hedgehogs and flies surrounded by ice cubes. Damn Google images being so tempting.
    Or you could stick around and improve your craft.

    Here's a link that might help you.
  • ElysiumGX
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    ElysiumGX polycounter lvl 18
    ...maybe I'll just continue to draw crappy space hedgehogs and flies surrounded by ice cubes.

    ...

    consider putting the copyright symbol on screenshots of your models in the future so dumbasses like me don't find them on Google, assume they're free and try to use them. :P

    That flying hedgehog kicked my ass! Give players a chance at winning!

    And I will be more careful with my images. Thanks.
  • Daaark
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    Daaark polycounter lvl 17
    ElysiumGX wrote: »
    That flying hedgehog kicked my ass! Give players a chance at winning!

    And I will be more careful with my images. Thanks.
    Do you use a robots.txt file to let google know where it shouldn't snoop?
  • zman
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    Looks like its all sorted out... thats good. Its also a very good example I can use for the developers who think that any image they find on google isn't free for use unless they can find a license which gives them permission. We've had several people argue that if there is no license then it means its free which is clearly not the case.
    Good luck on the game and your models, and maybe consider putting the copyright symbol on screenshots of your models in the future so dumbasses like me don't find them on Google, assume they're free and try to use them
    You cannot assume the lack of a (C) means they are free to use. In fact unless you can show otherwise assume NOTHING is free to use.

    iworkatsubway: The issue here isn't that you intended to make money or not its that when you uploaded to community games you agreed that everything was either your work or properly licensed which is not true. "I just wanted to show my buddies" is not a reason to ignore that part of the agreement. I suggest you read the small print better in the future.... if not I have a bridge I would like to sell you ;-)
  • 00Zero
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    :( oh man, i read this whole thing like a good book escalating and hoping to see some kind of explosion at the end, but it just fizzled. oh well.
  • TWilson
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    TWilson polycounter lvl 18
    Jesus someone just make this guy a spaceship already :)
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