Share savegames illegal ?

[jjavier]

Share savegames illegal ?

I just recived a mail from 4shared claiming one of the files I shared was in copyrigth infringement.
That was a surprise.

The supposedly infringing file is a TW2 savegame.
That really enoy me.

So, here is the question:

Has CDProjekt a legal position taken about sharing save games?

 

[soundcreepy]

Pretty sure that would be 4shared's error, in all my years of gaming I have never heard of save file saving being infringement, and I rather doubt I ever will counting from the side of the developer/publisher.

 

[dragonbird]

If you're in a position to argue with them about it, you might want to point out that the developers' own web site (i.e. this one) includes links to allow people to pick up savegames.

Like here:
TW1 Savegames

And here:
Witcher 2 savegame

 

[sahara]

I just recived a mail from 4shared claiming one of the files I shared was in copyrigth infringement.
That was a surprise.

The supposedly infringing file is a TW2 savegame.
That really enoy me.

So, here is the question:

Has CDProjekt a legal position taken about sharing save games?

I only know what it says in Wikipedia about the pictures it says something like fair use of the pictures but actual game files might be a different thing all together...

I'm no lawyer but i'm thinking it depends pretty much too about the laws in your own country...

Here is what it actually said on Wikipedia.

This image is copyrighted. The individual who uploaded this work and first used it in an article, and subsequent persons who place it into articles, assert that this qualifies as fair use of the material under United States copyright law.

 

[227]

A save is basically a bookmark so I don't see how it could be copy infringement any more than bookmarking a website is.

That being said, 4shared is pretty crazy about enforcing copyright laws. Could be that they remove anything that remotely resembles copyright infringement just to be on the safe side.

Mediafire is better for that kind of thing, anyway. Just checked and there are saves I threw up there from June that still work.

 

[samaelvonhell]

What was the name of that file? It's rather that, than what it actually contains. On 4shared, twice my moddified firmware for Motorola L7 cell phone were removed on request of some music releasing company. By the second time i was so angry. that i've wrote an email to them. What i found out, is that they're terribly sorry for that, but they are using some automated search engine that was sending request to 4shared, file with my firmware is called SAMAEL_ACR_RB, they release music of some band called "Samael"... so probably this tool identified my file as music content of the band...

 

[jjavier]

That what I though, thank you all guys.

I alredy has send a claim to 4shared, but I have no response yet.
I'll let you know if I get one.

The file name is after_kyran.zip and my guess is somebody reported as "abuse"
and 4shared has taken that report as the truth written in stone.

 

[Kaldurenik]

Its in no way shape or form illegal to share a save file. Mail them back and explain the situation (in a friendly tone ofc).

Oh well anyway it should be solved in that case.

 

[chromie92]

Hell there was a "savegame market" which mods or other people who email their saves back on the original forums.

 

[secondchildren]

Hell there was a "savegame market" which mods or other people who email their saves back on the original forums.

Indeed.

@OP
there's no harm in sharing savegames. Just like Chromie92 is saying, we used to have a Savegame Market in this forum, for TW1, but with stricted rules: registration of the game was required.

But you can share your savegames wherever you like. There is no legal infringement. 4shared shouldn't have the right to stop you in this.

On the contrary, sharing and exe IS a problem indeed. And other than almost borderline illigal is extremely dangerous for downloaders.

 

[jjavier]

Indeed.

@OP
there's no harm in sharing savegames. Just like Chromie92 is saying, we used to have a Savegame Market in this forum, for TW1, but with stricted rules: registration of the game was required.

But you can share your savegames wherever you like. There is no legal infringement. 4shared shouldn't have the right to stop you in this.

On the contrary, sharing and exe IS a problem indeed. And other than almost borderline illigal is extremely dangerous for downloaders.

No exe was shared.
Only 2 savegames + the corresponding Thumbnails.

I wonder if the Thumbnails could trigger some automatic copyright violation software?
Who knows ...

I have recived a response with the infamous "no disclosure" footnote.
So I don't gonna copy that response here.

But what I can do is copy what I write back to them:




Thank you for the quick answer, and it is Mr.
I apologize for the informality of my writting, but English is not my native language.

The content of file in question is a couple of "save" or "savegame" from one of the games of this company.
To clarify, a savegame is like a bookmark at a point in the game. A save game is useless (as far as I know) for someone who doesn't own a copy of the game.

Is a surprise to me that the claim comes from CD Projekt RED it self.
Savegames are shared freely at the forums that CD Projekt RED runs for its games.

Could you tell me exactly how sharing a savegame infringe the exclusive rights of CD Projekt RED ?
Because I fail to acknowledge the infringement.

I'd also like to think that 4shared has verified the supposed infringement before to take my file off-line and send me a "first strike" mail.

 

[dragonbird]

I'd also like to think that 4shared has verified the supposed infringement before to take my file off-line and send me a "first strike" mail.

I just want to highlight that if 4shared were sent a DMCA notice by someone they have no choice but to take it offline first, verify later. That's the way the law works.

I'm not trying to justify it, or say that this is right, it's just the way that the law works. I had an original video taken down at Youtube once just because it shared the same name as a TV program, and Viacom were willing to perjure themselves by claiming copyright on something they didn't own. I don't blame Youtube for it. (And I did get it back up a few days later).

Oh, and you may want to send a support query to CD Projekt RED about this, since you seem to be implying that it was they who asked for the takedown. They wouldn't be the first company to have over-enthusiastic lawyers who are objecting to things they shouldn't.

 

[jjavier]

Finally, the file was restored and the link was "unfreezed" (that's the word they used).

I didn't get an explanation about which was the supposed infrigment.

 

[secondchildren]

Finally, the file was restored and the link was "unfreezed" (that's the word they used).

I didn't get an explanation about which was the supposed infrigment.

Hmm.... probably a newbie in 4shared staff? it could happen...

 

[dragonbird]

Hmm.... probably a newbie in 4shared staff? it could happen...

Probably something like that. It's too fast to be a DMCA - they have to give the original complainant time to respond before they just put it back up.

 

[jjavier]

now I'm thinking on that, a newbee or an automatic process.
but when I get the first mail about copyrigths violation I really get in bad mood.
Fortunatelly, it doesn't was a big deal.

Thank you all guys (and girls) for your support.

 

[dragonbird]

A bad mood was justified - it's a nasty thing to happen when you haven't done anything wrong. I'm glad it was resolved quickly.