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DSFix 2.3 taken down after DMCA complaint [Up: Was mistake; being resolved]

Faustek

Member
Apr 25, 2013
6,166
0
425
Sweden
Geography lesson: the main part of the US stretches across multiple time zones. Many of us regularly communicate with people across those zones, so we are aware of how they work.
Nah, I rather go with magic or a faux pas on religion. More plausible than time machines
 

PhantomZone

Member
Jun 28, 2013
3,653
3
350
Ridiculous decision, I actually DO like the original graphics (I do admit DSfix does spruce them up a little) - but my main interest in DSfix was for the frame rate adjustment (granted it makes dodging arrows a lot more interesting lol).

Did they just declare war on PC GAF?

Cause we aren't gonna back down mutha fucka!!!!

We're not gonna take it

No we ain't gonna take it

We're not gonna take it any more.
 

gofreak

GAF's Bob Woodward
Jun 8, 2004
43,347
1
1,645
I have hope this was just a 'dumb' trigger happy ip lawyer with little idea of the broader context, and they'll back down quickly once this is brought to the attention of others at the company. I'd guess IP lawyers at companies often work fairly autonomously and fire these things off liberally.
 

Magitex

Member
Jun 30, 2013
224
0
0
I hate the way the DMCA is pushed around abusively these days; about a year ago I made a mod for Starbound that some stupid bot filed a DMCA violation for.
I immediately filed a counter-claim, but my mod is still blocked to this day even though it is all my own original work and has nothing to do with their stupid music label.

I can't imagine how frustrating it is for people with more significant works blocked in this fashion, because it's clear no one bothers to check if it is even a legitimate claim or not.
Either way you won't be able to get it rescinded without firing lawyers in their general direction.
 

U-R

Member
Jun 14, 2013
422
0
0
I guess i'll bookmark this thread to be used as a quick reply to the recurring "why are gaming fans so negative those days?" questions.
 

Stevey

Member
Jun 21, 2014
6,275
12
400
36
UK
Hopefully this has just got mixed up with the debug thing, and it'll get sorted out in time.
 

sofiabudapest

Member
Jun 6, 2013
955
0
345
Booty Island
E: Did a little digging, apparently this might have been some mixup with the recent debug-mode leak. There was also this post on NexusMods, where the debug mode also got leaked:
I'm not an expert, but there are a lot of things, that line up. The takedown came from BN Germany. File Defense Service is a german company, which already showed an active work relationship with BN. They search for illegal content links on the internet. They claim that they use a unique piece of software, while they say somewhere else that only manual searches can find all the hidden illegal links, i.e. google all the day. Furthermore, the CEO of FDS has some ties to the media/games industry (e.g., worked for Warner and Eidos).
Hence, they probably searched for BN Dark Souls files on the internet. Like Inskipp mentioned above. DSFix was a hit, and became part of their results list, which was subsequently used for individual or mass take downs.
And I don't think that they downloaded the fix and installed the game to test if this is actual illegal content or not.

This is just a guess, but still better than instantly blaming BN. Durante had just bad luck, because the internet detectives had no idea what they where looking at.
 

Hellraider

Member
Nov 30, 2010
2,612
0
580
This is most likely a mistake on Namco's part but lol at everyone here waving their pitchforks.
Shit like this shouldn't be happening even as a mistake. What we are doing here is exactly what Bamco needs. Or at least its legal department.
 

tsab

Member
Apr 26, 2010
4,272
0
0
mostly at work :(
"Baka Gaijins please stop fixing our bad PC Ports."

Wouldn't be funny if they copied the fix from Durante for the next "enhanced edition" of DS/DS2?
 

MarionCB

Member
Mar 16, 2009
1,011
0
0
This is amazing. For years I avoided playing Dark Souls because of the shitty GFWL drm and then right as they finally get around to removing it and I might finally buy the game, they pull a completely awful and horseshit (and illegal on their behalf--they know this is a false claim) move like this. Well, looks like I won't ever be buying the Dark Souls games.

edit: Oh, and it doesn't matter how it happened. Namco are totally responsible and DMCA complaints are not meant to be issued lightly or frivolously, even though they have been heavily abused.
 

Tizoc

Member
Jun 23, 2010
81,146
13
960
32
Oman
"Baka Gaijins please stop fixing our bad PC Ports."

Wouldn't be funny if they copied the fix from Durante for the next "enhanced edition" of DS/DS2?
Wouldn't DS1 be the only bad port they made so far? Their later releases weren't that bad were they?
 

Durante

Member
Oct 1, 2006
48,836
1
0
peter.metaclassofnil.com
Well, yes, from a user POV it sucks, but from a service provider POV it's a pretty good trade-off; you get to do whatever you want, don't need to take any real affirmative effort to block infringing files, but as long as you react somewhat efficiently you have no liability. You can even make money from infringing content in the mean time.

If I'm Dropbox, I absolutely prefer the DMCA to a system where I have to make judgment calls that could leave me liable.

The real loophole in the system is not service providers honouring takedowns, but the fact that there's no penalty at all if a user does a successful counter-takedown, so there' s no incentive for content providers not to takedown virtually everything that isn't on its face abusive. If third party content protection companies faced legal liability for issuing frivolous takedown notices (say, they could be billed $50 per failed notice as a penalty for abuse of process) the entire system would stop in its tracks. Alas...
That makes so much sense that it will never happen.

But yeah, I want to reiterate that Dropbox is blameless in this, they have to honour a takedown request if it comes.
 

Blizzard

Banned
Jan 23, 2008
36,028
0
0
That makes so much sense that it will never happen.

But yeah, I want to reiterate that Dropbox is blameless in this, they have to honour a takedown request if it comes.
Sorry if I'm pestering about this but I'm curious if there's something I'm missing -- a couple of us asked if you filled out the online counterclaim form to get your account back. Is there any reason not to?
 

Murkrow

Banned
Jun 7, 2014
490
0
0
This is amazing. For years I avoided playing Dark Souls because of the shitty GFWL drm and then right as they finally get around to removing it and I might finally buy the game, they pull a completely awful and horseshit (and illegal on their behalf--they know this is a false claim) move like this. Well, looks like I won't ever be buying the Dark Souls games.
It's still available. No reason to not buy it. And still almost everyone around here has it, if it gets taken down, ask someone, simple as that.
 

GaimeGuy

Volunteer Deputy Campaign Director, Obama for America '16
Jun 18, 2004
49,331
0
1,550
The DMCA is so stupid.. Any company can claim a violation for anything, force anything they want to be taken down, and not be held liable.
 

Hasney

Member
Dec 6, 2012
46,467
2
0
They made the worst port in history of pc gaming and the game is only playable because of DSFix & DSMouseFix.
Sorry, this just isn't true. It wasn't a great port, but there's been much, much worse.
 

Doctor_Thomas

Member
May 27, 2013
7,372
0
0
I believe my web hosting package allows unlimited traffic. I'm not sure if anyone has offered, but I'm happy enough to host it to allow it to exist in some form online.
 

MarionCB

Member
Mar 16, 2009
1,011
0
0
It's still available. No reason to not buy it. And still almost everyone around here has it, if it gets taken down, ask someone, simple as that.
Of course I can get it: this is the internet. I don't see how I can buy Dark Souls now in good conscience as I can't support this behaviour (and honestly, I'm only mildly interested in the game, so it's an easy sacrifice for me).
 

Durante

Member
Oct 1, 2006
48,836
1
0
peter.metaclassofnil.com
Sorry if I'm pestering about this but I'm curious if there's something I'm missing -- a couple of us asked if you filled out the online counterclaim form to get your account back. Is there any reason not to?
I'd only need to file a counterclaim to get that one file back up on dropbox.

I use my dropbox account for real work, and if Bandai Namco goes completely insane and does another claim I don't want any risk of it disappearing permanently. That's why I'll use alternative hosting methods for DSfix from now on and not file a counterclaim.
 

Chariot

Member
Jul 6, 2013
27,688
0
475
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US Europe one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.

edit2: It was Bamco Europe who was asked by Bamco Japan, not US. Misremembered that, sorry!
 

Blizzard

Banned
Jan 23, 2008
36,028
0
0
I'd only need to file a counterclaim to get that one file back up on dropbox.

I use my dropbox account for real work, and if Bandai Namco goes completely insane and does another claim I don't want any risk of it disappearing permanently. That's why I'll use alternative hosting methods for DSfix from now on and not file a counterclaim.
Thanks for the explanation. I was thinking the account got locked or something. I still expect it to be some combination of accident / ignorance / automation, but better to be safe if work is involved.

Giod news:everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They wrre indeed hired by Bandai Namco, but not the germany divisin, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.
Good news everyone!
 

Murkrow

Banned
Jun 7, 2014
490
0
0
Of course I can get it: this is the internet. I don't see how I can buy Dark Souls now in good conscience as I can't support this behaviour (and honestly, I'm only mildly interested in the game, so it's an easy sacrifice for me).
You say that, because you haven't played it yet. When people were overhyped by the game I simply ignored it and played my usual JRPG's but one day I tried it and now it is my favorite game of all time.
 

Earthpainting

Member
May 7, 2006
5,407
0
0
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany divisin, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.
Nice work. NeoGAF is a veritable video game ombudsman. Fixing games, inquiring about issues and standing up for consumers.
 

Dascu

Member
Nov 24, 2006
13,568
0
0
Belgium
twitter.com
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.
Great news!
 

Sendou

Member
Aug 8, 2011
15,408
0
0
Finland
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.
Cool!

The "edit" part though... not cool.
 

BlackBuzzard

Member
Sep 23, 2013
11,729
190
565
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.
Always has to be that one guy that flies completely off the handle.
 

Sol_Goodguy

Member
May 30, 2014
336
0
0
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.
Excellent news.

Should this thread's title be updated to reflect this development?
 

SixFourMike

Member
Feb 24, 2012
4,966
18
515
Good news: everything's ok guys!
I just called Volker Rieck from FDS File Defense Service. They were indeed hired by Bandai Namco, but not the germany division, but the US one, to take down all the debug mode patches.

Dutante's DSfix was not part of the plan!
Mr. Rieck is currently writing emails to Namco and dropbox to clear everything. Durante is allowed to reupload the patch, there is nothing wrong with it.

Mr. Rieck was nice and took the time to explain the situation to me. I am currently on the phone, so I might add a bit more information when I come home in a few hours.

edit: also shame on the guy who send him a mail full of threats. He was a bit disturbed by that.
Get this man a tag. "Even the one who fixes sometimes needs something fixed"
 

Durante

Member
Oct 1, 2006
48,836
1
0
peter.metaclassofnil.com
Well, that's good. I'd hope they'd be less trigger happy about their takedown notices in the future, but it's very unlikely to happen. If a file from someone gets taken down which doesn't cause a part of the internet to blow up it would probably still stay down.

Always has to be that one guy that flies completely off the handle.
Believe me, if you saw my blog comments before I approve them you'd know it's more than one.
 

BlackBuzzard

Member
Sep 23, 2013
11,729
190
565
Well, that's good. I'd hope they'd be less trigger happy about their takedown notices in the future, but it's very unlikely to happen. If a file from someone gets taken down which doesn't cause a part of the internet to blow up it would probably still stay down.

Believe me, if you saw my blog comments before I approve them you'd know it's more than one.
Anonymity brings out the crazy.
 

cardinalmind

Member
Oct 21, 2013
2,291
0
305
Can anyone tell me what that debug mode patch is and why is Namco eager to take it down?

Glad the situation was fixed.
 

Ikuu

Had his dog run over by Blizzard's CEO
Mar 7, 2007
14,998
0
995
I am shocked to see this was just a misunderstanding.