Orion: Prelude
Building A Cave (WATCH LIVE)
https://www.twitch.tv/dprassel
Streaming ORION Development
https://www.twitch.tv/dprassel
Streaming ORION Development
https://www.twitch.tv/dprassel
ORION: Prelude - Year 4 Update Teaser
It is coming.
Year 4 Update - Teaser #001
https://youtu.be/Rnf9_ZrBYmA
Year 4 Update - Teaser #002
https://youtu.be/nOM61HA5ScI
Very soon.
http://store.steampowered.com/app/104900
Orion/Call of Duty - Resolution Reached
01. I received the DMCA request after its removal from Steam with no warning/contact from either Valve/Steam or any developer associated with Call of Duty nor anyone from Activision.
02. I never was provided specific examples of assets, or screenshots of what offended them - nor given the chance to rectify or remove any offensive content prior to having our game removed from sale. This took 72 hours, of which I was both unable to externally resolve the situation for fans/product, nor investigate internally.
03. We assumed which pieces of content based on what they self-labeled from their Call of Duty games as well as community-provided assets:
http://i.imgur.com/8Qx1NI2.png
http://i.imgur.com/IjS7dfO.png
http://i.imgur.com/ZQeBNGs.png
04. I was informed by Steam that according to their policy, Activision had 10 business days (until mid-July) to act or do anything. If Steam didn't receive a copy of a legal complaint within 10 business days, then our game would be re-instated. We immediately offered to remove ANY offensive content (it wasn't specified) and this was NOT accepted.
( THE LARGER PICTURE )
Not providing any specific information, both in the DMCA that brought the game down as well as in multiple instances of correspondence between both parties - is prevented any of us from finding a solution or to learn more about what was going on. This costed massive damages. All that being said, that is simply a minor inconvenience in the grand scheme of things given what I learned yesterday directly from Activision.
I am now in complete compliance with their complaint and I am equally as mad. While I don't agree simply based on the evidence that you are all going on about, relating to our Auto Shotgun - I do see similarities in the sights/bolts, etc. I don't believe it was important enough to remedy immediately, affecting production on all ends to simply replace that one weapon when we could just do it later on. We acted under the pretense this was the only infraction/issue. This was not the case. Regardless, I understand that was a unique perspective and that many in the community and even on the team agreed for it to go. In the end, it WAS removed from the game and will be made public in the upcoming Version 1.5.5.
Last night I received evidence directly from Activision regarding assets not even mentioned in public yet. Upon receiving this it became immediately apparent that blatant rips were made. While the artist offered to remake any assets at no cost, he has now been fired immediately upon learning this. This will slightly affect production and I will get into that later.
( WE ARE REMOTE )
What most users don't understand is that we are a remote developer, we don't work side-by-side. Hiring and full-time development happens online in different time zones and different hours of the day. This can result in situations like this and we do are best to avoid them.
What most users also don't understand is that I personally don't build these weapons. I am not a 3D artist, at all. I am responsible for anything from the business, to making the maps/worlds, and making sure the product comes together. What I am responsible for is hiring the individual responsible. And this is what concerns me the most: I cannot guarantee this will be prevented in the future. I don't get to play other games, I am working on this full-time. I would never have the chance at cross-checking content across every game nor could I be expected to. This is why we are open to fan submissions or even developer ones like this. If there is valid proof, we will remove it immediately.
There weren't and usually aren't any tell-signs, especially with situations like this where he had a great, valid portfolio (establishment proof). He completed a variety of valid, great assets (physical work proof) and responded appropriately when presented with the information and offering to remedy it at no cost (personality). It would get through the hiring process any time and the ONLY way I can see preventing it is setting up a physical studio. But even that is not true as it's fully possible to do this in a studio all-the-same.
The problem is I can't stomach that simply to be able to have security on people and ensuring they are working when the majority of everyone here DOES incredible work and we are more than capable of being able to be remotely, in our home countries near our friends and families - or doing things like we want on my end which is travel the world and really take in the areas we are building.
( FAN SERVICE )
I also understand that outside users with no relationship to the game or having played it could be confused by our level of fan service. This IS different as I do instruct artists to not only create unique things like custom sets of armors, but to also do their own takes on other properties either they, we, or you guys love. They are vastly different than the source material, but you are intended to know what it's paying tribute to. In addition to this, I personally pay for custom helmets to be produced by artists FOR the developers to use as their own personal developer helmet, never to be sold. It's a gift/thanks of sorts and allows us to have a fun unique experience. This includes helmets like Fettuccine (my 2014 helmet), Kilo Reno (my current helmet), Ganga (Programmers helmet), and Star King (Animator's helmet).
I understand that simply seeing that in image form, from the outside, would be confusing. It never came from a malicious place, and I only was attempting to do something cool for the people I work with as well as cater to what you all loved prior to and after Orion. This won't be happening anymore as it's just added risk for what is ultimately no reward. All content from this point going forward will be unique - as unique as you can get when doing hundreds to thousands of sci fi armor/helmet pieces.
( BLAST FROM THE PAST )
With this unfortunate event, a lot of the insane stuff of the past started to appear again and it's not fair to those users involved as those events were not malicious as this one was, nor were the freelancers behind it. I've seen comments about Natural Selection, Primal Carnage, Counter-Strike and Achievement Images, all of which have been commented on in the past and only one I am directly responsible for.
@NATURAL SELECTION 2 ARMOR
This related to a development-only, pre-alpha game build. We were flying to conferences like Gamescom (Germany) and Eurogamer (London) to show to publishers and press. At the time, like any developer, you use whatever content and assets you have access to in order to mock up the experience. We had a freelancer at the time, Daniel Doerksen who was simply a fan of Unknown Worlds/Natural Selection - never officially worked for them and simply made himself personal portfolio piece based on their art. At this time we needed a unit exactly the same (a dispenser that grants ammo) and used what he had legally available to do so. It was caught in a few frames in a trailer and people (somehow) assumed it was straight from the Natural Selection 2 game, a title that wasn't even released to the public at that time. The model was subbed out for the official release, as always intended.
@PRIMAL CARNAGE ARTWORK
Another incident involved a freelancing concept artist. Back in the day we had an additional folder on our shared Dropbox called "Mood Art". This would contain anything that was either very "Orionish" or something I wanted to get added to the game and consisted of Orion-related fan art, things we'd find online. Said artist utilized a piece of artwork from that folder and used it as a base layer, proportionally, to do a full new drawing on top of. When submitted to me, I didn't know this at the time. However Ashton, the former head of Primal contacted me right after we made the news post and we took it down immediately and apologized right then and I also personally apologized in person at a conference. They did not accept it. Fun fact, years later the two Dinosaur 3D Artists, Tim M and Eugen T, would join and create the Dinosaurs for both Prelude and most of Guardians of Orion.
@COUNTER-STRIKE AUDIO
Either stock or mod counter-strike audio was used in the game on accident and immediately removed. Can't even remember what sound it was, I think the mp5.
@ACHIEVEMENT IMAGES
This is the one I am guilty of. We are a small team. We don't have a dedicated Graphic Designer, Sound Designer or User Interface Artist. We want those spots filled, just haven't found anyone proper to fill them. So when it comes time to do things like UI it's just me and the Programmer and whatever we can hack/mock up. This is my shitty image design, of which I used google images for things we were referencing, such as Turok. I understand looking back this was wrong and once it was brought up to us it was immediately removed. It actually worked out as the people who ended up doing the Achievement art found out about us from that situation. They make Race The Sun on Steam. They helped in a time of need, they are great workers and it's a great game and you should support them.
( WE FIRED PEOPLE )
This is the name of the game. We work remotely and independently, so sometimes talent doesn't work out. However it wasn't purely related to strangers and anyone that steals or tries to steal hardware, money or do other shady things doesn't have a place at Trek. More on that here:
http://artistryingames.com/spiraling-control-incredible-journey-spiral-game-studios/
( OUR APPROACH )
So where does this leave us? Well the team is extremely upset, I feel like an idiot with what was presented to me. That's just how you go about it though, you treat your devs like children and have their back until proven otherwise. He is from all the way around the world in Vietnam and so communication was delayed and then ultimately not receiving any at all from his end. In the end, he let everyone here down and we simply just need to get to work and focus on the game.
So what can I do to assume what is ultimately my responsibility?
1. We are removing ANY content that Activision finds offensive, immediately.
2. I am removing ALL DevHelmets from the game. This includes Fettuccine which we gave away to all users for free.
3. Other artists within the team have volunteered to remedy any assets required to restore the game to its quickest state as fast as possible.
4. We are shutting down social media. I don't find the results from when it's positive large enough, and when it gets bad it's just horrible. We really need to bunker down to catch up on what was removed and we just want to focus on the game and will continue to do so and post updates/interactions to orion-project.net OR are YouTube which will remain operational:
As always if you want to connect or if you have anything to suggest/report you can always contact us directly:
connect@trek-industries.com
Thank you for all who supported us during this time, and ultimately thank you to all of those who reported this. In the end it helped reveal something which would have only affected the game more negatively over time. This situation is embarrassing and sucks very much but it's for the best.
( IN SHORT )
It will be over today/tomorrow.
Version 1.5.5 addresssing said issues is expected to release in 1-2 hours as of this post.
Should be back on sale today/tomorrow.
It will take a lot of time and work, but we've done it before.
I am stressed but it will be fine.
GG
-David
The Future of Orion = Up To You [UPDATED]
https://igg.me/at/dNGhnN-SToI/x/1405395
After a nights rest I am ready to comment. I will not be taking legal action over Activision. Despite easy justice, I need to play the long game. If we approached this in that manner we would be no different than what we are fighting against. We will not be the DMCA, patent-infringing types that hinder production and creativity.
That being said, we will be ensuring that Activision covers for the damages they've inflicted, both by removal of the game during the largest event of the year as well as malicious and invalid claims which acted as slander and defamation.
But we will ensuring this in a way that doesn't have us wasting time in a courtroom, obliterating production - and still allows to develop the game at full speed.
We will be starting a crowdfunding event later today. This is to cover:
1. what we are missing out on the largest event.
2. the damages we've taken on from Activision.
As of yesterday, Activision cut out 70% of our profit. My calculations put it at 90% today. What they did is devastating.
I can't believe that there are gamers who are defending the money-abusing, ♥♥♥-wiping turds that is Activision who walks all over gamers with annual $60 releases, season passes, $15 map packs, doesn't involve or listen to them in any way.
Then you have US, who literally pay money to do amazing fan service for content like you mentioned above which we GIVE away.
This is by far the most disappointing aspect and the largest core to the new idea I am developing, scheduled to debut later today.
It is now up to the gamers as to whether or not they want Orion, or what we do and what we stand for. Otherwise this is not what we signed up for and I am personally far too old for this crap rodeo again.
If you like Orion, get ready to show your support.
If you don't - well, then don't.
*Side Note: CD-Keys given out in the crowdfunding campaign WILL work via Steam, you can authorize it, download it AND play it.
Our Official Response
The Facts
I received the DCMA request after its removal from Steam with no warning/contact from either Valve/Steam or any developer associated with Call of Duty nor anyone from Activision.
I never was provided specific examples of assets, or screenshots of what offended them - nor given the chance to rectify or remove any offensive content prior to having our game removed from sale.
We assumed which pieces of content based on what they self-labeled of their own as well as community-provided assets.
(Comparison 1 - Auto Shotgun)
http://i.imgur.com/8Qx1NI2.png
(Comparison 2 - Auto Rifle)
http://i.imgur.com/IjS7dfO.png
http://i.imgur.com/ZQeBNGs.png
We immediately offered to remove ANY offensive content (as it wasn't specified) and this was not accepted.
The Events
I was informed by Steam that accordingly to their policy, Activision has 10 business days (until July 7th, 2016 - basically a month due to the Holiday) to act or do anything.
If Steam doesn't receive a copy of a legal complaint within 10 business days, then our game will be re-instated.
What this means is that Activision has maliciously and erroneously used a DMCA request to aggressively attack a small, independent development team during the BIGGEST Sale Event of the entire year, the Steam Summer Sale.
Our Comments
The sight is the only similarity we can see. Even if it was a 1:1, that's not enough for a design infraction, even by legal standards and by a significant amount.
http://i.imgur.com/ZQeBNGs.png
And the sight is just a futuristic M1 Garand, so either way both are homaging a real world property, the only thing that could actually hold up and is the only one without a dog in this fight.
Regardless, an invalid and malicious act from Activision on wrong or non-existant evidence. They are are multi-billion dollar company coming over what is currently a 50 cent game, without contacting us or requesting anything of us NOR providing any specific assets or images of the offensive content to begin with
That being said, if our community finds our weapons or content offensive we are of course always listening and will integrate feedback/suggestions based on such. If you want weapons changed, we are a developer that reads what you write. We've demonstrated this for many years now across a variety of products:
ORION
https://youtu.be/BbL9MioMpF8
ORION: Prelude
https://youtu.be/ShQ3GBFI4KQ
The Non-Specific DMCA:
DMCA Takedown Notice on your item
Valve received a DMCA copyright take down notice about your game, Orion, on Steam at http://store.steampowered.com/app/407840/.
*REDACTED*, on behalf of Activision, 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. Use of this weapon art content without permission infringes Activision’s copyright in Call of Duty: Black Ops 3 and Call of Duty: Advanced Warfare. https://www.activision.com/games/call-of-duty/call-of-duty-black-ops-3,https://www.activision.com/games/call-of-duty/call-of-duty-advanced-warfare.
As a result, we have removed your posting from Steam.
Valve follows the procedure set forth in the Digital Millennium Copyright Act. The DMCA is a United States copyright law that governs online service provider liability in case of copyright infringement. When we receive a DMCA notice, Valve must take down allegedly infringing copyright materials; otherwise Valve could be subject to a claim of copyright infringement.
In Short
Orion is a game all about homages. It's what it's always been, since it was announced as a retro homage to the classic 90's games with a modern take. It’s GI Joes action figures versus your Jurassic Park toys. It’s Halo meets Turok. It's what we all did as kids in our heads.
I just can’t believe of all things, it was over a generic sci-fi weapon. Regardless what it was over, the most important thing was that we were not warned, contacted by either party nor able to remedy it. We were given no specific information relating to assets, only left to guess or use fan-submitted content/links to decipher.
We offered immediately to remove any offensive content right off the bat, this was rejected.
We are happy to read any feedback about the game. Any ORION fan knows we do this regularly. We are always reading and listening and if fans find any of our content offensive we have and will always replace it.
A Warning
To any website reporting false claims with no verifiable proof or facts regarding myself or Trek - this is not acceptable and won't be tolerated.
You can not flat out lie about people. That is slander and defamation. We've seen two reports pop up from over 5 years ago. tt wasn't true then, still isn't now.
To anyone spreading claims without proof, we will be seeking resolution once we're done addressing what we're going to do with Activision.
( NATURAL SELECTION 2 ARMORY )
This related to a development-only, pre-alpha game build. We were flying to conferences like Gamescom (Germany) and Eurogamer (London) to show to publishers and press. At the time, like any developer, you use whatever content and assets you have access to in order to mock up the experience. We had a freelancer at the time, Daniel Doerksen who was simply a fan of Unknown Worlds/Natural Selection - never officially worked for them and simply made himself personal portfolio piece based on their art.
At this time we needed a unit exactly the same (a dispenser that grants ammo) and used what he had legally available to do so. It was caught in a few frames in a trailer and people (somehow) assumed it was straight from the Natural Selection 2 game, a title that wasn't even released to the public at that time. The model was subbed out for the official release, as always intended.
(PRIMAL CARNAGE ARTWORK)
Another incident involved a freelancing concept artist. Back in the day we had an additional folder on our shared Dropbox called "Mood Art". This would contain anything that was either very "Orionish" or something I wanted to get added to the game and consisted of orion-related fan art, things we'd find online. Said artist utilized a piece of artwork from that folder and used it as a base layer, proportionally, to do a full new drawing on top of.
When submitted to me, I didn't know this at the time. However Ashton, the former head of Primal contacted me right after we made the news post and we took it down immediately and apologized right then and I also personally apologized in person at a conference. They did not accept it. Fun fact, years later the two Dinosaur 3D Artists, Tim M and Eugen T, would join and create the Dinosaurs for both Prelude and most of Guardians of Orion - only for me to find out that they were having payment issues at Lukewarm for their completed content.
(WE FIRED PEOPLE)
This is the name of the game. We work remotely and independently, so sometimes talent doesn't work out. However it wasn't purely related to strangers and anyone that steals or tries to steal hardware, money or do other shady things doesn't have a place at Trek. More on that here:
http://artistryingames.com/spiraling-control-incredible-journey-spiral-game-studios/
An Update
An additional update is available. For the record, I (-David) don't agree with this nor believe it's a good use of a small teams resources to immediately replace any asset.
I was just contacted by the artist responsible (he just woke up to all of this - Eastern part of the world) for the Automatic Shotgun (which is what appears most in fans-submitted comparisons) feels absolutely horrible and has contacted me to inform me that he would feel more comfortable in remaking said weapon regardless of what I do about Activision or how we proceed. So no matter what happens going forward, that weapon will be visually different.
He feels terrible that his piece of art resulted in these events that have affected so many things and he has started production on it this evening to remedy anything he can do directly.
- - - - -
In the end, what Activision is claiming isn't a valid or legal use of DMCA. If they were alleging that we had actually RIPPED the Black Ops 3 weapons FROM their game and used them exactly - their shipped meshes, their shipped textures - that is a DMCA case.
What they are alleging is that our very own, separately created content is "too visually" or "artistically similar". That is *NOT* what the DMCA covers. That is a form of copyright and IP infringement dispute. Their lawyers know this, but filed this anyways.
We will be seeking resolution for all damages wrongly inflicted by us FROM Activision via this malicious and overly aggressive tactic.
Our desire to remove said content is purely for our own benefit. We are a small indie team, any minute the game is not for sale during the biggest event is a stake to the heart. Us willing to remove any offensive content and to get it back for sale is to protect our selves, our company and our IP.