Italian website selling porn games and claiming to own the copyright for them

Runey

Harem Hotel
Game Developer
May 17, 2018
3,938
19,452
Was not your game removed before? I opened the website and I believe it is there again ("Hotel dei pervertiti"), unless that is another game?
"Hotel dei pervertiti" sounds like "Perverted Hotel" which is a different game. But I'll have a look.
 

Runey

Harem Hotel
Game Developer
May 17, 2018
3,938
19,452
Perverted Hotel is by @ManicMinxy. Like I said earlier, it's best to hit them where it hurts. Talk to the Securion payment processor and show them that they are committing, aiding and abetting fraud. Don't stop pestering Securion.
I've just contacted legal@securionpay.com informing them that giochipremium.com is selling stolen copyrighted material.
 

muttdoggy

Dogerator
Staff member
Moderator
Aug 6, 2016
7,793
43,343
Hit them where it counts. Hit them in their moneymaker. Take away Securion, what do giochi have?
 

DJsona

Member
May 13, 2018
240
479
is accecible from france

@DrPinkCake @Pandelo @Luxee @ManicMinxy @Aorrta @Lewdlab @stiglet @Zee95 @Mr. Rigg @SmokeyDots @K84
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thx for your help guys @scrumbles @Andricks
last one : 6.jpg it seems to be 3 games :
L’APPARTAMENTO: Bello andare a vivere da soli, peccato che adesso i soldi ti bastino a malapena per campare
LA MIA PRIMA VOLTA: Alla veneranda età di 20 anni, decidi finalmente di fare sesso per la prima volta
TI PRESENTO I MIEI: ultimo giorno di vacanza a casa dei tuoi futuri suoceri. Sei pronto ad affrontarlo?
 

Andricks

New Member
Nov 30, 2018
7
6
is accecible from france

@DrPinkCake @Pandelo @Luxee @ManicMinxy @Aorrta @Lewdlab @stiglet @Zee95
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need help for those one please (i will edit my post when identification will be completed)
i discover this
1- is aurora urban secret
2- is high rise climb
 

scrumbles

Engaged Member
Jan 12, 2019
2,218
2,259
3 - Eye of the Storm. By (User account: @Mr. Rigg )
4 - Corrupting The Intern. By
5 - Kelly’s Family – Mother in law. By
 

Runey

Harem Hotel
Game Developer
May 17, 2018
3,938
19,452
i discover this
1- is aurora urban secret
2- is high rise climb
3 - Eye of the Storm. By (User account: @Mr. Rigg )
4 - Corrupting The Intern. By
5 - Kelly’s Family – Mother in law. By
What are these? Games on Giochi?
 

scrumbles

Engaged Member
Jan 12, 2019
2,218
2,259
Yes, see the for their URLs and names in Italian.

Besides, unless I'm mistaken, in 10 hours Babysitter is going to be uploaded on GP.
 

DawnCry

Well-Known Member
Nov 25, 2017
1,197
1,913
Just a bit of international law for those that need it...

First of all let's talk about the rights of a translation related to a main object which would be the one under intellectual protection.

A translation can only be considered a derivative product in the case that the creator of the original product approves of it, if it doesn't get approved it means that the translation has no rights and even worse, if the original creator thinks that it damages his profits he has all rights to make a demand based on it and take it down.

Now, that's the general rule, in games there aren't any cases related to translations of it because the derivative product needs the original one to be used so it shouldn't damage in theory the profits of the original creator. If we used analogy (and I mean the legal one), in theory you could attack it as a normal translation of things like news, books... but personally I think it doesn't have enough similarities to be applied mainly because of the need of the original product.

I would say that if there isn't a very strict law, a game translation would fall under the "fair use" clause, even so when the original creator asks for the takedown of a translation no translator would risk going against it, but I would say that if a game is sold internationally there would be no risk for doing a fan translation at all.

But all that I said is based around the translator obtaining no profit over the translation, as a derivative product in ALL CASES, it requires the consent of the original creator for it to obtain any profit at all. Even if it was a translation patch, if they sell it they have no rights at all over their content.
 

hax

Uploader
Respected User
Aug 5, 2016
813
1,187
Man I hated Italians before and now even more :ROFLMAO: they have no decency. I'm gonna be there again soon so if you know where this idiot:poop: lives let me know:sneaky:
 
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Winterfire

Forum Fanatic
Respected User
Game Developer
Sep 27, 2018
4,849
7,130
Problem is that they are not selling the translation only, if they sold the translation with a mini tutorial on how to apply the patch that would be cool imho
 
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scrumbles

Engaged Member
Jan 12, 2019
2,218
2,259

need help for those one please (i will edit my post when identification will be completed)
#6 is three games in one. I could be mistaken, but I think they are:
1 - Apartment. By
2 - Project;Sunset - Diana & Claire. By
3 - College Girls. By
 

Antiochus

Newbie
Jun 21, 2017
88
103
I believe that the violator could be taken down using the following:

Specifically a complaint to AGCOM as the rights holder would get the ball rolling. As I understand it, each rights holder would have to submit a complaint. Financial penalties and ISP blocking are some of the immediate results. You should look into this.

I believe that any EU member would have similar legislation on the books. Each EU member has locale specific IP regulation, but the overall EUIPO umbrella applies. I am no lawyer and I do not read Italian so YMMV.

Agcom



another reference:



EUIPO



Someone who reads Italian would have to dig the appropriate complain mechanism out of the AGCOM site.

As to the translation et-al arguments, the site owners are in copyright violation by selling a copyrighted work without permission of the rights holder. They are also modifying a copyrighted work without permission. Most copyright law is very similar across jurisdictions and is subject to the applicable EU and Italian law. As rights owner you have to prove that you are the originator of the work in question.


Good luck.
 

random.person

Active Member
Aug 11, 2017
802
1,291
I believe that the violator could be taken down using the following:

Specifically a complaint to AGCOM as the rights holder would get the ball rolling. As I understand it, each rights holder would have to submit a complaint. Financial penalties and ISP blocking are some of the immediate results. You should look into this.

I believe that any EU member would have similar legislation on the books. Each EU member has locale specific IP regulation, but the overall EUIPO umbrella applies. I am no lawyer and I do not read Italian so YMMV.

Agcom



another reference:



EUIPO



Someone who reads Italian would have to dig the appropriate complain mechanism out of the AGCOM site.

As to the translation et-al arguments, the site owners are in copyright violation by selling a copyrighted work without permission of the rights holder. They are also modifying a copyrighted work without permission. Most copyright law is very similar across jurisdictions and is subject to the applicable EU and Italian law. As rights owner you have to prove that you are the originator of the work in question.


Good luck.
The problem with the AGCOM procedure is that it requires a PEC, a type of certified electronic mail, which is a paid service and requires to be residing in Italy to have one (if I'm not mistaken). Otherwise I'd already would have helped Runey to file a complaint via the online module.
Unfortunately, if you take a look at it you can see that the PEC address field is mandatory. And the online form is the only way to act, as far as I know.