DriftyGames
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Statement concerning Leap of Faith being removed from the Steam store
🕑 Added 2022-04-25 10:42:06 +0000 UTCWell, this is by far the hardest post I've ever had to write to you guys, so I better get into it before I change my mind.
As you might have seen on other creators' Patreon posts or noticed otherwise - on Friday evening CET time, Leap of Faith was removed from the Steam store listing. The game is still available for you who bought the game.
The reason for the removal was a DMCA copyright claim concerning one of the songs used in the game, which means Steam/Valve has to remove it from the store until the matter is sorted.
What is a DMCA copyright claim?
A DMCA copyright claim is an artist or a company representing an artist stating that the specific work used in the game (in this case, music) was used without permission.
What happens when you get a DMCA copyright claim?
If you get a DMCA copyright claim, you are given only one option. And that is to contest it - claiming you had the rights to use it. Contesting it also means going through a 10-point bullet list of things to do, including agreeing to meet in court in Washington, USA if it comes to that.
So why don't you just contest the DMCA copyright claim?
Let me explain.
This is one of the countless licenses I have. They all look the same.
The problematic part is highlighted in yellow. Specifically the "Terms of Use" part. The terms of use at Artlist have changed since I originally talked to them and got the 'go-ahead' for using their material in Leap of Faith back in February 2020. And since Artlist is a subscription-based service where I pay annually for the rights to use their material, changes to the Terms of Use retroactively can change where and how I can use their material. Later additions to their Terms of Use have taken a higher stance on adult material, disallowing it from being used in 'porn games'.
As mentioned, I got the OK to use their material in Leap of Faith, even stating that it is an adult game. Unfortunately, I do not have a transcript or screenshot of that chat with Artlist customer service.
All in all, it basically means I can't contest the DMCA copyright claim. At least without ending up in court, where there are no guarantees of outcome.
So what happens now?
I have removed all the music from the game until I can double-check and verify my terms with every party involved. I am also working on replacing the music from individual composers, but it boils down to one single factor: If the game is allowed to stay on Steam or not.
If the game is allowed to stay on Steam in its now silent form, I will have the financial means to replace songs that I feel are up to the standard you are familiar with and have it all in place when chapter 8 is released.
If however the game is removed from Steam, and I have to refund every purchase, that basically means bankruptcy for me, as parts of the income were used to acquire new hardware and set up a company that would ensure I could pursue going full-time dev in time for my next game.
I will add that about 80% of the income from the game is untouched and now safely set aside for an eventual financial claim, but the remaining 20% is still a sizeable amount.
To end this, I want to tell you all that I am truly sorry for this. I always went about doing it right, and I don't own a single pirated asset in my whole 3d library. All the software I'm using is paid for. I have even willingly paid Wibble a sizeable amount for all the work he's put into helping me with basically anything I've asked him for. Including this fantastic asset which is set due for Chapter 8.
Speaking to you all as you technically are my investors that put your faith in me that I will put your money to good use, I definitely feel I have let you all down, but I will do my best to refill Leap of Faith with the music I feel is good enough for the game.
I'll keep you updated on the situation, and inform you as soon as I learn anything new. Work on the game will progress as soon as I regain a bit of strength. I'm quite drained after this weekend, but I have an animation rendering now which gives me a bit of a breather.
Have a nice day, and stay safe out there.
// Drifty
Comments
Matthew Paulus
Sounds to me like Artlist.io is really shooting themselves in the foot in this case. ESPECIALLY since you already received legal permission to use their music. I'm kinda glad I typed out a list of all the songs used for chapters 1-7. As I said before, Leap Of Faith introduced me to a whole bunch of artists I never would've discovered otherwise and I have been greatly enjoying and purchasing their music on Amazon, Bandcamp, and wherever else I can find it. I've bought more music in the last month than in the previous 3 years thanks to you. So this sort of treatment by Artlist.io really kinda pisses me off. If I ever thought about getting a subscription to their service, even just for my own personal enjoyment let alone for using their service for a project, I think this incident has really soured my opinion of them as treating their subscribers unfairly. It's bad PR for them if nothing else. Hang in there, if all it takes is removing/replacing some music then things should work out. I hope that Steam will be reasonable.
I purchased the game on steam and when I found out the news I came here to understand what happened. Its such a same they are doing this, its not like everyone purchased the game because of that song. I hope you will figure out how to get out of this, also the music in the game was amazing you did a good job. If steam will make you to refund the game I will just donate the money here.
Johnni Schrøder
oh my god, what a mess :( and what is their problem, seriusly, its not like your a AAA company who earns 100 millions of usd. If i get refound, open a donation thing, i cash it right back at you. i honestly just got it on steam to support you to begin with coz you are AWESOME!!
kellySHOUT
You can't blame this on "Wokeness" (meaningless term at this point) any more than you can blame it on evangelical religious furvor or opportunistic culture-war revanchists. You can't even blame Valdimir Putin! Part of the reason laws like this are so hard to change is because the beneficiaries of them criss-cross the political spectrum as well as international boundaries. The old way of rewarding artists and their representation is defunct, and despite the emergence of decentralized means of compensation such as that offered by Patreon, the echoes of the old ways live on in copyright law. As Mark Renton says in the film "Trainspotting", it's a shite state of affairs and all the fresh air in the world won't make a bloody bit of difference.
Roaden
Same here. I purchased it on steam and if I get refunded the money I’ll turn around and use it here.
Blacklabyrinth
You did not let us down. I own the game on Steam, if it comes to refunds I will dump more money in here. The game, the story are worth every cent.
Tony Manchen
It’s a great game. I’m sure even with the music removed people will see that…
Benjamin Lyric
Dear Drifty, it pained me a bit to read of such a dick-move (not in a good way) by the licensing company. But even more sad to me is that you feel responsible and bad when you absolutely shouldn't. You created a story and asked them in advance if it would be okay... then they retroactively changed their stuff. That's on them, not on you. I love every buck I gave to this game (small as my donations may be) and recommended it to friends of mine. I am sure it will work out in the end. Thank you for telling your story!
DuVeL67
I own the game on steam and just wanted to come here to show support.. this is such an amazing game and story and I feel so bad this happened to you.. Please hang in there and it will all work out.
Pett Brenson
Looks like the "woke" cult has struck again. Retro term changes are nothing but a bunch of BS. It's like trying to ban a film made in the 30s from being shown today because it doesn't meet the contemporary ideology. If anything would think that you should be refunded any payments made on the subscription back to the retroactive effective date, since they would have acted against the original agreement. Really a pain in the a$$ play. Staying with you no matter the track you opt for.
