Guise of the Wolf Dev Takes Down Negative YouTube Review - Update 2

Pariah Dog

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While I do think Total Biscuit is a wanker, I'm actually on his side in this case. Stuff like this will continue to happen and guys like him who have a sizable support network/audience will be able to fight back and once they do they'll just keep quiet as the company then targets the people they don't have enough internet muscle to fight back. Part of this problem is the fact that only one side has any consequences in this situation, the video creators. Publishers can just spam out strikes and whatnot and hope some stick. Whats needed in my opinion, is a system that cuts both ways, video creator puts up stolen content, get a strike like normal, try to file a strike that gets overturned YOU get a strike, publishers get 3 strikes as well no more claiming copyright since you've proven repeatedly you cannot be trusted to be honest. Won't happen because copyright laws are designed to favor one side but I would love to see the "You abuse, you lose" system played on both sides of the fence instead it being a one way street.
 

LeQuack_Is_Back

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Dis gun be gud!

More seriously, I hope the devs get hammered into the ground for this. TB has some ridiculously high standards for some games, but I agree with him completely here.
 

Patathatapon

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Fuckin christ. How stupid are these people? The least they could do is send an email like this:

"Sorry, we were unaware of that incident. We are sure we didn't do this, but we will try to figure out what happened.

Sorry about that, Whatever the hell our names are"

See? You don't give the guy your attacking proof that your evil. It's like if Valve sent someone an E-Mail saying:

"Hi, we sell your credit cards to African warlords. Here's the pics of Gabe hanging out with Kony!"

It's not something you do, not to mention, when the internet is on your side, your invincible. Because even if you win in court, your reputation will be destroyed. You got nothing else after that.
 

Fsyco

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Feb 18, 2014
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I think I've figured out exactly what is wrong with the FUN people. Everyone assumes that they are stupid, but I suspect they may actually be crazy.

The detail that made it click for me is in the first email. It is something along the lines of "We suspect that somebody put you up to saying those mean things, please help with our investigation." Whoever said this clearly believes that they made a great game and somebody is conspiring against them.

Hence, I propose that at least one person at FUN (possibly the only person) has a Narcissistic personality. These people are notoriously difficult to deal with in the world of buisness, because they think they are awesome and can do no wrong, and get very belligerent and unpleasant when presented with facts to the contrary. The thing is though, they genuinely believe the things they say. If they think that their game was awesome and unfairly criticized, this is something they genuinely feel with every fiber of their being.

This also explains why they would make these kinds of childish threats. 'Jasmine' actually thinks they are a massive company and can do whatever they like to TotalBiscuit, and that TB will willingly comply with their threats (like the "Don't post this email" thing in the second one.)

So now we can all stop scratching our heads and wondering. I'm pretty sure this is it. Admittedly, I'm not a psychology expert, but one of my parents has this condition, so I can spot some of the major giveaways.
 

Sticky

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May 14, 2013
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To prove that the updates are genuine (or at least genuine to the point of being reasonable) all TB has to do is release the headers of the emails that were sent to him. The header contains the IP address of the originating machine AND the routing servers all the way to gmail. It would take mere seconds to put those into google and find out who those machines belong to (and surprise, unless TB had insider knowledge about their network infrastructure, he couldn't fake that otherwise).

All this new update tells me is that whoever is sending emails on Fun Creators behalf don't know the first THING about emailing or computers. Or that more people are way more apt to believe TB than they are a floundering company who released a bad game and has been consistently salty about it.

I imagine the reason TB hasn't released those email headers already is because with that same information you could do some nasty/annoying things to them as well, which would really only serve to make HIM look bad when his goal is just to make a fool of his opposition. Which is something they are doing just fine on their own.
 

Baron Teapot

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Jun 13, 2013
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Aren't false DMCA-takedown notices punishable under penalty of perjury? That's a serious crime. The morons who do this simply because they see videos they don't like have abused that system so much, it's shocking!

I despise the idea of a company censoring free-speech simply because it inconveniences them, and I hope they shut their doors for being such insufferable morons.

"We feel that somebody pushed you to make that video, who is this guy/organization?" Yeah, real mature. Honestly won't be sad to see them fail. It will be their own fault.
 

Fsyco

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You know, if TotalBiscuit had been just some small-time guy making videos in his basement, this might have actually worked. Filing a copyright claim, officially announcing you didn't do it, sending the email to the person confirming that you did in mismatching fonts to claim it was photo shopped. They pretty deliberately planned this, but vastly underestimated TotalBiscuit's resources.

Its like they were going to rob a poor elderly woman, except it it was dark and they couldn't see that it was actually Mike Tyson.
 

Karadalis

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Cecilo said:
Karadalis said:
Cyanic said:
Not at all, but nice try. As a third party vendor, they are in no way liable. It would be like suing Best Buy because Madden servers didn't work. And that's not even bringing terms of service into the discussion.

Its a no-brainer move as the distributor to throw the company under the bus. Build temporary goodwill and stop sales to avoid the obvious cost of continuing to sell a faulty product.
They are responsible however to take software "off the shelves" if it turns out the software is defect and/or uncomplete/unplayable just like every other shop.

Wich they refused to do with Sword of the stars 2, The War Z (wich was only taken down for a short while) and all the other crappy shovelware games that turn out to be cashgrabs by dubios developers in for a quick buck (game tycoon 1.5). Thats the only issue i have with steam in this case.

Also Terms of service are null and void since they are allways presented after you bought a game. Terms of service do not somehow magically nullify the law you know. One ToS from a game company i cant remember atm had written in it that you would have to give your organs to the devs should they ever need them or something like that... just to show you how absurd some of thes EULAS and ToSs are.

HOWEVER

You could argue that in this case the game does actually "runs". You can start it.. you can play through it... its a piece of crap but technically it works. So technically Steam in this case goes scot free... moraly thought...
To be fair, Sword of the Stars 2 works very well now, they fixed their stuff and delivered on what they promised for the game. Yes, they should have pulled it when it was released in such a bad state, but you can't call Kerberos a Dubious developer when it was Paradox who pushed it out the gate unfinished.

Though it is increasingly worrying how many Publishers and Devs are taking the "Release it now, we might fix it later" Attitude, and I can appreciate your mentioning SOTS2 because it's very damn well likely that it never would have been fixed.

I have my doubts Guise of the Wolf will ever actually be fixed or finished fully. Same with Day One Garry's Incident, and Infection: Survival Stories or whatever the War Z is called now.
Oh sure it works now.. but when it was first put on steam it did not.. it simply did not work because they put on a beta build that didnt even had an options menu and was as stable as a cardhouse during a tornado. They should have taken the whole game off steam till it was fixed up and offer people who bought the game their money back. Yet they didnt.

The game was unplayable for almost 3+ month.. and in a case like this Steam should be held accountable and should put its customers interests first. But they didnt.

In the end the reason why it was put up for sale even thought it wasnt possible to play the game is irrelevant to the customer and should be irrelevant to Valve. They sold something that did not work and they should have stopped selling it. Steam is responsible for the stuff they sell... and selling non functioning products while claiming they are functional is infact fraud in any other industry... only in software it somehow seems okay to keep selling unfinished, broken and often times not even working products.

The same with X-rebirth.. the game was a broken mess yet Valve did diddly squat and it was very difficult for people to get their money back especialy since when they tried to get the game to run and wasted hours just to have Valve tell them "well you "played" the game for 5+ hours now.. we wont give you your money back"

Instead in all those cases Valve chooses the ostrich tactic and ignores the problem...
 

Yopaz

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Jun 3, 2009
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OK... I haven't shifted through all the posts here, but did anyone else notice that they said their company was bigger THEN his Youtube channel? Sending out a serious email and not grammar checking. If there were any doubt that these guys were stupid they managed to clear it all out now. Oh and threats that can be traced back to them again. Yeah, these guys are stupid. If they ever go to court they are making evidence against themselves that will actually hold up in court rather than something they can claim is doctored fake screenshots.
 

DarkDain

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This strikes me as really odd... I was on the forum the day the video was posted to see the response. It sounded like they were well aware of the video and their only comment on the forum was that it was GENERATING PUBLICITY FOR THEM, and they really needed it. But now they've decided to do this ? Weird.
 

Fsyco

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Yopaz said:
OK... I haven't shifted through all the posts here, but did anyone else notice that they said their company was bigger THEN his Youtube channel? Sending out a serious email and not grammar checking. If there were any doubt that these guys were stupid they managed to clear it all out now. Oh and threats that can be traced back to them again. Yeah, these guys are stupid. If they ever go to court they are making evidence against themselves that will actually hold up in court rather than something they can claim is doctored fake screenshots.
Again, I think they're crazy, not necessarily stupid. Whoever this guy is, he's seriously deluded himself into thinking that he IS bigger than TotalBiscuit. They genuinely think that TB is just some dweeb in a basement, that they are a big bad company that can throw their weight around, and that their threats would work. I'd also hazard a guess that they actually think TotalBiscuit was blackmailed. In their mind, the game is amazing and perfect and everyone who says it isn't is knowingly lying.

Edit/Update: TotalBiscuit's WTF is for GotW is back up. The Research Stream video isn't. Here's FUN's twitter if you want to see for yourself (https://twitter.com/FUNCreators) . They still appear to be acting nasty and playing the victim (which supports my hypothesis that the main dev is a genuine Narcissist). If I can decipher the terribly broken English, they're going with "We had no admin on this twitter account." And then something about Steam forums. I've got no clue, honestly.
 

GamemasterAnthony

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Curious...

I wonder if Fun Creator would be willing to back off is say, I don't know...they face criminal fraud charges for their douchebaggery for the fraudulant claim or maybe even if the ACLU gets involved because they violated TB's First Amendment rights in regards to his opinion about the game? Either way...I think it might send a clear message to the industry about abusing copyright claims if Fun Creator is used as an example.

Just my two cents on the matter.

CAPTCHA: karma points

That too...sort of.
 

Fsyco

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Feb 18, 2014
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GamemasterAnthony said:
Curious...

I wonder if Fun Creator would be willing to back off is say, I don't know...they face criminal fraud charges for their douchebaggery for the fraudulant claim or maybe even if the ACLU gets involved because they violated TB's First Amendment rights in regards to his opinion about the game? Either way...I think it might send a clear message to the industry about abusing copyright claims if Fun Creator is used as an example.

Just my two cents on the matter.

CAPTCHA: karma points

That too...sort of.
I support this idea, and I think they should face some kind of legal repercussion, but if he IS a deluded crazy person (This seems most likely like one person pulling the shenanigans, and I'm pretty sure the lead dev is a guy) actually getting him to court is going to be a nightmare. These kinds of people will do everything in their power to make the experience a living hell for everyone involved. They'll throw around all kinds of fake accusations and lie to get what they want. They don't back down; the only way to win against someone like this is to dig in your heels and get ready for the long haul, and I'm not sure TotalBiscuit is up to it.
 

Alarien

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Well, there is no First Amendment violation. The Amendments to the US Constitution protect you from reprisal and repression (within certain amount of reason) from the US government. It does not protect you from having a video taken down by YouTube by a false complaint from a private company. There is no violation here.

TB can still post his video on another website/channel. This has more to do with YouTube's awful content ID and copyright protection system, right now. However, I see no reason that Youtube and TB won't sort this out in his favor and all will go back to being ok for TB and YT.

That does not change the fact that FUN are 1) horrible game developers and 2) morons and that no one should ever give these people or their games a second thought.
 

C.S.Strowbridge

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Jul 22, 2010
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I know I'm late to the party, but...

If you make a false DMCA claim, and attacking a critics like this is a false DMCA claim, then you should lose all rights to make those claims in the future. If you abuse the system, you should lose the protections under the system.
 

Roxas1359

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Aug 8, 2009
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Alarien said:
Well, there is no First Amendment violation. The Amendments to the US Constitution protect you from reprisal and repression (within certain amount of reason) from the US government. It does not protect you from having a video taken down by YouTube by a false complaint from a private company. There is no violation here.
First Amendment? What, who's saying this is violations of the First Amendment? The First Amendment has nothing to do with this at all, and also while people like to think the First Amendment applies to people on the internet it technically doesn't and it doesn't apply to privately owned businesses and sites like YouTube, so Google can remove any videos they want. Now Google would be stupid about doing that, but they have the legal right to do so.

However, what this is is a violation of copyright laws. Copyright laws are not defined in the Bill of Rights, they are in Article 1, Section 8, Clause 8 in the Constitution. However, copyright has been changed and amended over time. False DMCA claims are a punishable offense and usually YouTube is supposed to revoke privileges from companies that do too many fraudulent claims, but they stopped doing that.
 

Fsyco

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Neronium said:
Alarien said:
Well, there is no First Amendment violation. The Amendments to the US Constitution protect you from reprisal and repression (within certain amount of reason) from the US government. It does not protect you from having a video taken down by YouTube by a false complaint from a private company. There is no violation here.
First Amendment? What, who's saying this is violations of the First Amendment? The First Amendment has nothing to do with this at all, and also while people like to think the First Amendment applies to people on the internet it technically doesn't and it doesn't apply to privately owned businesses and sites like YouTube, so Google can remove any videos they want. Now Google would be stupid about doing that, but they have the legal right to do so.
GamemasterAnthony said:
Curious...

I wonder if Fun Creator would be willing to back off is say, I don't know...they face criminal fraud charges for their douchebaggery for the fraudulant claim or maybe even if the ACLU gets involved because they violated TB's First Amendment rights in regards to his opinion about the game? Either way...I think it might send a clear message to the industry about abusing copyright claims if Fun Creator is used as an example.
That guy brought up the whole 'First Amendment' thing. There might be something in the bill of rights about that though. Didn't they use some parts of it to bring up charges against Klansmen/racists/skinheads/whoever during the Civil Rights movement? Then again, this company is clearly not based in America (I think they're from Jordan) so that would make it noticeably harder.

I'm pretty sure the damage for FUN is already done, though. Everybody knows what awful dirtbags they are and their brand name is ruined. That might have to do, since taking these people to court is probably not worth TB's time and money.
 

Roxas1359

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Aug 8, 2009
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Fsyco said:
That guy brought up the whole 'First Amendment' thing. There might be something in the bill of rights about that though. Didn't they use some parts of it to bring up charges against Klansmen/racists/skinheads/whoever during the Civil Rights movement? Then again, this company is clearly not based in America (I think they're from Jordan) so that would make it noticeably harder.
First Amendment is about government censorship, not stuff privately owned companies do. Like I said, Copyright is mentioned in the Constitution in Article 1, not in the Bill of Rights. If it were in the Bill of Rights then Copyright Law could never have been updated to the state it's in right now, as the Bill of Rights cannot be changed as per the rules, and in hindsight perhaps that should've been the case what with how long it'll take for certain things to go public domain even though they should have decades ago. *glares at Disney*
 

Fsyco

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Neronium said:
Fsyco said:
That guy brought up the whole 'First Amendment' thing. There might be something in the bill of rights about that though. Didn't they use some parts of it to bring up charges against Klansmen/racists/skinheads/whoever during the Civil Rights movement? Then again, this company is clearly not based in America (I think they're from Jordan) so that would make it noticeably harder.
First Amendment is about government censorship, not stuff privately owned companies do. Like I said, Copyright is mentioned in the Constitution in Article 1, not in the Bill of Rights. If it were in the Bill of Rights then Copyright Law could never have been updated to the state it's in right now, as the Bill of Rights cannot be changed as per the rules, and in hindsight perhaps that should've been the case what with how long it'll take for certain things to go public domain even though they should have decades ago. *glares at Disney*
Is that how that works? You'd think having three parents (divorced and remarried, before anyone asks) with legal degrees would imbue me with natural legal expertise. If only.
Disney's influence over copyright law needs to be seriously cut down so we can fix it. And sadly, they have too much of a stronhold in the emotions and nostalgia of the American public for a nation-wide boycott to be effective. The thing is, though, even if Mickey Mouse cartoons went public domain, they'd still have a trademark on him since they use him in marketing.