"Game developer" sues game critic for $10 million

In response to the lawsuit, Valve has removed all Digital Homicide games from Steam.

http://www.neogaf.com/forum/showthread.php?t=1279894&page=1

I do have a weird conundrum. These actions by DH should make them a shoe-in for my "Worst Publisher of the Year" award, but I feel like calling these guys "publishers" is akin to calling myself a "Worldwide Broadcaster" because of my YouTube Channel which only has 5 subscribers. They're "publishers" only in that they release their own "games."
 
Digital Homicide has dropped their lawsuit, apparently attributing their decision to lacking necessary funds, which they blamed on Valve for taking their games off Steam. They also said their studio is "Destroyed" and won't be making anyone games. Jim Sterling isn't out of the woods yet with his lawsuit but it looks like they may be headed that way.

At this point all I can say is good riddance. If any good can come out of this is that it shows other gamer developers exactly how NOT to do business, and hopefully it'll teach Valve to make some long needed changes to Steam, including better moderation tools in the forums and more preferably, actual damn content standards.

http://steamed.kotaku.com/digital-homicide-drops-18-million-lawsuit-against-stea-1787361452
 
This entire saga is one of the dumber things I have read. It's also proof that not everyone is capable of running their own business. I can understand how it could be hard to watch a game critic rip into your work on youtube and read tons of negative reviews on your game's store page. That is part of the industry they chose to work in though.

If you can't take criticism for making a bad game you probably shouldn't make a bad game. Maybe working in something creative like games or movies just isn't for you in general since everything that comes out in those forms of media gets reviewed. Even if the negative media about your game infuriates you, you have to be smart enough to keep your mouth shut, or at least not try to sue the critic who didn't like your game. They showed their complete lack of business skills and common sense when they tried to sue customers who left user reviews.

They can be upset that this incident shut their studio down but they were never going to make it anyways. They were making bad games and worse business decisions. They clearly couldn't handle being in charge of their own studio.
 
I would hope they are liable for malicious prosecution or some such.
They probably are, but I doubt they'd be held to it. If they're really broke then there's no real use. Not worth squeezing water from a stone. And I think that at this point Jim just wants them out of his life.

I do think that we do need to remember that while Digital Homicide do deserve the bulk of the blame here, we can't completely dismiss Valve of all blame. DH was able to take advantage of Valve's broken system for far longer than they should have been able to.

First, Valve's COMPLETE lack of quality control allowed DH's awful games to even get on the market. They REALLY need to go back to doing institutionalized curation of content and not keep leaving it up to the community. We've seen what has happened and it's really ruining the system. There was a time when a game on Steam meant that, more often than not, you at least had a playable game you could use. Steam's good name has been completely ruined because of their hands off approach. Steam has gone from being the biggest and the best to simply being the biggest. I mean hell, at least with sites like Origin and GoG I can buy stuff and be fairly confident that it isn't inherently broken. I mean, it shouldn't be so bad that people like Jim and others can almost make a career out of playing and commenting on awful games. I'm not calling them out for grabbing at low hanging fruit, but rather the fact that such fruit even exists.

Another thing that is being overlooked I feel by many people is the problem with trading cards. For those that don't know, Steam allows developers to put in "trading cards" into their games, which are typically unlocked after some arbitrary time length which can then later be converted to gems or sold on Steam's Market. The thing is, for each card sale, not only does the user get some money, but so do Valve AND the game's developers. So you run into a very common scenario where you could get a bunch of DH games on sale for like $2 in a set (I've seen it done before) and then use a tool to unlock all the cards, which are then sold and often will not only yield the user more money than what they paid, but also give Valve and DH money. So basically, thanks to this system, it probably made more sense from a financial standpoint for DH to buy all these pre-made Unity assets and slap them together into a "game" and thus bypassing most development costs that real developers have, and then make money not just off insane sales, but then from income coming from trading card sales.

Finally, one thing that also should be addressed is that while DH's suing Steam members over negative reviews and harassment was a frivolous case, it doesn't mean that they were not the subject of harassment. Yes the Romaine bros (the owners of DH) are deplorable people, but that doesn't mean they should be subject to death threats, disturbing messages, and even (assuming they're not lying about this), receiving feces in the mail. These guys are not executives at banks or other people in positions of high power that can ruin peoples' lives (which is not to say it's appropriate to do such things to them either), but rather guys who just make crappy games that everyone could be rid of by simply not buying their games. I realize this last point is part of a greater issue regarding online harassment, but something really should be done about people who view developers as punching bags and then hide behind online anonymity.

Even more than these guys getting their comeuppance, I want Valve to take steps to ensure that this doesn't happen again, because the fact is that had they not made enemies with the wrong people, DH would still be flooding Steam with awful games and still be making a good living off of it. Seriously, these guys were not making chump change here. This video goes in depth and touches upon some of the things I mentioned here, but taking DH out of the mix, there's no reason why, with the system set up as it is, that other low-life money-hungry "developers" can't just do the exact same thing that DH did, except this time do the smart thing and just shut up whenever someone criticizes them. The sad part is that there is quite a bit of money to be made by putting sh*t on Steam, as this video shows.

 
I don't know how much blame I put on Steam for this. Steam is the biggest online storefront for PC games. I prefer that be a more open storefront than a locked down system like we see on consoles.

Sure there is a lot of stuff on Steam that I would consider pure crap but so what? The fact that it exists doesn't mean I have to buy it and the videos, forums, and user reviews on Steam give people plenty of warning before buying a game. Even if all of that misleads you the refund policy still allows you to get your money back if you buy a game and find out you don't like it.

If people don't want to buy games from someone like Digital Homicide they will eventually stop making them because they aren't making any money. Maybe people like playing bad games from time to time just like they like watching bad movies for the fun of it. I would much rather let the market decide what games sell than have Steam turn into gatekeepers.

The thing is, if Digital Homicde wasn't terrible at business they would have realized that Jim Sterling was helping them sell more copies of their terrible game by bringing more widespread attention to it than they ever could have gotten on their own. I'm sure there were plenty of people who saw his video and decided to buy the game to see the train wreck for themselves. They should have embraced it like the Sharknado movies instead of turning themselves into villains by trying to sue everyone.
 
I don't know how much blame I put on Steam for this. Steam is the biggest online storefront for PC games. I prefer that be a more open storefront than a locked down system like we see on consoles.
Yes but with those lockdowns on consoles, you get a LOT less blatantly broken stuff. They have a certification process to ensure that stuff actually works. It may not be fun to play, but at least it works. I have seen numerous videos of Steam games where stuff simply either will not launch, not accept user input, or in one case the developer didn't put the game's executable file on Steam. Obviously a full blown certification can't work on PC because of all the different configurations, but at least SOME sort of safeguards could be installed. You could argue that a very closed system could do some harm, but as we've seen with Steam's fully open system, the amount of crap is definitely overshadowing the cream of the crop. Speaking of the cream...

Sure there is a lot of stuff on Steam that I would consider pure crap but so what? The fact that it exists doesn't mean I have to buy it and the videos, forums, and user reviews on Steam give people plenty of warning before buying a game. Even if all of that misleads you the refund policy still allows you to get your money back if you buy a game and find out you don't like it.

I get that no one is forcing you to buy these games, but you also have to realize that Steam is a store, and it only has so much visible space available. The more crap you have out there, the harder it is to find the good stuff. I realize there's user reviews and those help but most people aren't going to do tons of research on something like a game, and if people have thousands of things they have to sort through, they're likely going to give up pretty easily. And yes I realize that over time this would become a problem anyways (too many games) but this isn't helped when you realize that in 2015 ALONE, 2,977 new games were added to Steam. Obviously a very small percentage of those are standard AAA/Regularly Published games, so the vast majority is smaller games, fighting to compete in an incredibly crowded market. If you don't allow SOME sort of curation/standards, then actual good games will potentially be lost in the shuffle. And it also leads to a lack of trust. People will be less willing to take chances on new games if the general consensus is that a game is likely to be bad. And yes, there are refunds, but not all games can be properly gauged over a two hour span. Ask PC Owners of No Man's Sky how they feel about Steam's refund policy, which got so hammered with requests that now the refund policy is listed on the game's page before the "Add to Cart" button is. Also note that they're using Pre-Release footage in the trailer that plays on the page load, which is NOT an accurate representation of how the game looks.

upload_2016-10-4_14-25-16.png

And yes I realize that most games aren't as "big" as NMS but simply relying on refunds isn't a great system either.
If people don't want to buy games from someone like Digital Homicide they will eventually stop making them because they aren't making any money. Maybe people like playing bad games from time to time just like they like watching bad movies for the fun of it. I would much rather let the market decide what games sell than have Steam turn into gatekeepers.

The problem is that Steam is not like other places. Yes in any regular market, people generally don't buy stuff that is known to be bad. But thanks to major sales and the abundance of bundles, there actually IS an incentive to make bad games, because you can still make good money off of them. As mentioned in the video I posted earlier, it is very easy for both players and developers to make money off of bad games. And it's not like DH didn't sell well. They sold approximately 2 MILLION units of their games. Yes it's over 20+ games, but that's still very impressive given the incredibly low quality of output. And it's estimated that just off of trading card sales alone (not counting boosters or foil packs etc) DH was able to bring in about $7,000 a MONTH. That's more money than I make a month, and my computer development job takes a LOT more skill and training than what they do. And let's not forget that Valve is also making money off of these transactions.

As far as the market deciding, that's also a double edged sword. You could argue that "the market" is the reason why Greenlight and Early Access are such messes. If Valve exercised more control and held more developers accountable then I bet it'd cut down on the amount of crap in there. And again, you can run into a case of the a few bad apples spoiling the batch. Good, legitimate developers having their stuff ignored because of users being so predisposed to ignoring anything on there.

Again, I'm not trying to in ANY way, shape or form downplay Digital Homicide's role in what happened to them. They made the bad games, they attacked critics, they tried to hide their dirty tracks, and they were the ones that tried to litigate their way to what they waned. My thing is that I want Valve to take some real, legitimate steps to preventing these sorts of situations from happening again. As it stands, its simply too easy to make money on Steam by putting out bad products. The idea that I can spend $1,000 in development tools and pre-made assets and flip that into a $7,000 a month income while hundreds of smaller developers pour their heart and souls into games and are sometimes lucky to even see that much money come to them. If you have a system where you have a better chance of making money by releasing a bad product as opposed to a good one, then that system needs to be fixed.
 
I just don't believe that you have a better chance of making money off a bad game than a good one. I'm not denying that there is a lot of crap on Steam but I think the cream tends to rise to the top of sales charts more often than the crap. When people like a game they might leave a positive review or tell their friends. These good games are also the ones that tend to be featured by popular game personalities and websites. Jim Sterling features crap games in a regular series but most of the games media tend to ignore the crap like Digital Homicide games and feature games they like in their content.

If you are just looking at the new release section on Steam the sheer amount of titles makes it impossible to sort through them all and find the good games. I don't think that's what most people do when they shop for games on Steam though. They might look at the featured games and top sellers or search for a specific game they heard about elsewhere but I doubt many people are stumbling across Digital Homicide games in the new release section and buying them without knowing what they are getting.

I'm sure some great games get lost in the shuffle just because there are too many games for people to notice all of them. If Steam had to start testing every game they wanted to put on the store and see if it's worthy first there is a good chance that many of these games would be denied anyways just because they don't have time to test everything. Also developers who work on a game for years that might have been a hit might not even be able to sell their game because Steam didn't have time to test it or the tester just didn't like it.

I just think the problem of having too many games available in the store is much less of an actual problem than potentially not allowing games did deserve to be there.
 
Looks like this lawsuit may finally be coming to an end. From my understanding, the judge in the case has gotten tired of dealing with Digital Homicide. They've chosen to represent themselves, and in doing so apparently aren't doing things right, so the judge has ordered that the case be dismissed unless the claims from the Romaine Bros are refiled by a licensed attorney by February 10, 2017.

 
More evidence that A: If you can't accept criticism, don't put stuff out on the internet and B: Those who don't learn history are bound to repeat mistakes made:

So recently Jim Sterling tried out a game called "The Art of Stealth."



If you don't care to watch, the game is BAD. He's not even trying to be a jerk with it. The game is badly made, not something I would want my name associated with. The game also has a Mostly Negative rating on Steam.

Anyways, the game is now known for being really bad and now the dev is constantly threatening Jim with "legal notices", claiming that Jim is guilty of copyright infringement (which he isn't, its called Fair Use.)



And now the dev has posted this:

http://steamcommunity.com/games/ArtOfStealth/announcements/detail/690574607308214185

Basically they still seem to think that using footage of a game that you're criticizing is somehow a violation of copyright.

I really hope for both parties involved that the devs just stop and work on making their game better, as opposed to just lashing out at everyone that criticizes their game. They're also going and deleting all negative posts in the community section of their game, regardless of statement validity. If legal resources get involved it's just going to be money that lawyers earn and time wasted.
 
More evidence that A: If you can't accept criticism, don't put stuff out on the internet and B: Those who don't learn history are bound to repeat mistakes made:

So recently Jim Sterling tried out a game called "The Art of Stealth."



If you don't care to watch, the game is BAD. He's not even trying to be a jerk with it. The game is badly made, not something I would want my name associated with. The game also has a Mostly Negative rating on Steam.

Anyways, the game is now known for being really bad and now the dev is constantly threatening Jim with "legal notices", claiming that Jim is guilty of copyright infringement (which he isn't, its called Fair Use.)



And now the dev has posted this:

http://steamcommunity.com/games/ArtOfStealth/announcements/detail/690574607308214185

Basically they still seem to think that using footage of a game that you're criticizing is somehow a violation of copyright.

I really hope for both parties involved that the devs just stop and work on making their game better, as opposed to just lashing out at everyone that criticizes their game. They're also going and deleting all negative posts in the community section of their game, regardless of statement validity. If legal resources get involved it's just going to be money that lawyers earn and time wasted.

The plot just got better. The game has been taken off Steam because the dev submitted his own positive reviews, which is against store policy. Whoops.




Sent from my Nexus 6P using the SatelliteGuys app!
 
Well... this was unexpected..

The Art of Stealth Devs actually reached out to Jim Sterling and APOLOGIZED for what they tried to do to him.



 
Well... this was unexpected..

The Art of Stealth Devs actually reached out to Jim Sterling and APOLOGIZED for what they tried to do to him.





Sounds like someone who realized that they ruined any chance of having a career making video games. Unfortunately it's probably too late for that since he has been banned from selling on Steam and no one else is going to want to hire him after this mess.
 
Looks like this lawsuit may finally be coming to an end. From my understanding, the judge in the case has gotten tired of dealing with Digital Homicide. They've chosen to represent themselves, and in doing so apparently aren't doing things right, so the judge has ordered that the case be dismissed unless the claims from the Romaine Bros are refiled by a licensed attorney by February 10, 2017.


It appears as though the Digital Homicide lawsuit will continue..

 
Ouch!

I prefer the British system, where the loser pays all.
In this case it'd probably be like squeezing water from a rock. The fact that these guys can't afford a proper attorney doesn't speak well to their financial standing. It's also telling that they couldn't get anyone to take on the case based on getting paid upon winning, because they all know this case is hopeless. At the end of the day the only "winner" of this case is probably going to be Jim Sterling's attorney.
 
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