Atlus sues fans who revived the shut down MMORPG SMT: Imagine, private servers taken down

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Atlus has filed a court case against fans who attempted to revive Shin Megami Tensei: Imagine, an MMORPG that was shut down in 2016. Two defendants were named in the suit: COMP_hack and Rekuiemu, the former of which fully reverse engineered the SMT: Imagine server with open source code, while the latter hosted the servers. The fan effort initially released the year after Atlus shut down the MMO, in 2017, though the project would see updates all the way into 2021.

At the tail-end of 2021, on December, 28th, Atlus filed a lawsuit against them, alleging that the project was a "blatant violation of U.S. copyright law", as not only did the two revive the game without Atlus's authorization, Rekuiemu made an exact copy of the original Shin Megami Tensei: Imagine website from 2007 and made it their own. Initially, this website noted the copyrights of the original teams involved with the MMO--Atlus, SEGA, and Cave--but Rekuiemu added their own copyright next to those, as well. They also put their own logo at the bottom of the site, which Atlus took issue with, purporting that this kind of behavior is copyright infringement.

In blatant violation of U.S. copyright law, Defendants—by their own admission and without any authorization—have decided to “resurrect” the Imagine Game. They have done this by (1) creating and operating an exact copy of the original website used by Atlus to distribute the Imagine Game (the “Infringing Website”); (2) creating and distributing an exact or nearly exact copy of the Imagine Game which users can download from the Infringing Website (the “Infringing Game”); and (3) creating and distributing an unauthorized web server—which Defendants call a “server emulator”—that emulates the original game server used by Atlus and that enables users to publicly display and play the Infringing Game online with other players (the “Infringing Server”)

Meanwhile, a separate revival project of Shin Megami Tensei: Imagine exists, called SMT: ReImagine. This version used the final Japanese version of the game, and also offered a partial translation patch, and used its own form of launcher. ReImagine was not targeted by Atlus's lawsuit, but following the ReImagine team's discovery of the court battle between COMP_hack, Rekuiemu, and Atlus, and a summons had been issued to the defendants, the SMT: ReImagined project was shut down, along with its own custom servers, in order to protect the team of fans that had worked on it for years.

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osaka35

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Welp, guess I'll never buy those atlus games i had planned to. To the seas should i ever want to play them. because suing for duplication of a website where no money is generated? come on, just because it's technically a suable offense doesn't mean you go nuclear at first blush. especially since the original site doesn't exactly produce any money. huge dick move.

I can only see this being remotely successful if they had ads and the website generated a decent revenue or something. because stealing a site and making money off stolen assets is a no-no.

It was really silly of the developers to make a duplicate website and I can't understand why they were that dense.
 
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Shahaan

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Sucks that ReImagine had to go down to protect themselves, but yeah while it's not a good look it's totally understandable why their legal team would go after this.
 

Foxi4

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Okay... Reviving dead servers using reverse-engineering... All in the clear legally. But cloning the website, using Atlus' assets on it, and all that... I can definitely see why Atlus would be pissed about that part. But the server thing they have no leg to stand on as long as the game owners use their own legit copy of the game to play with.
Basically this. It’s perfectly fine to run a private server based on your own code, but copy-pasting the website is both a copyright violation and misleading to the consumer - those assets do not belong to the public, they belong to Atlus.
 

aoikurayami

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GBAtemp users struggle with the concept of simple IP laws and why this is entirely the defendant's fault

More news at 11
And yet they don't keep it alive themselves....

That's the joke.

Your IP Law rambling is cute, but that doesn't solve the immedate problem:
Things going *poof*

Apex, Overwatch everything GaaS will be gone.
Cloud ? Gone.
Streaming Services gone.

You're our lil b###h now. Mrs. Customer.

I will aplaud the economy\industry for being absolute greedfilled scumbags.
That's all they'll hear from me.

•Hey mom that game we used to play when I was five. Where is it today ?
(•) You see honey
 

julianuf

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"Straightening out some facts for news outlets who pick this up:"

<snip>

*eye roll*

Without all the facts it's difficult to make an informed opinion on this.

I read somewhere the two groups in the lawsuit were profiting off of this. The private server that wasn't sued was not. If that's the case, Atlus is completely in their rights to sue here. But I have no idea if that's true or not.

If it's not, then this is really shitty and could set some dangerous precedents.
 

Kotomine Kirei

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You use those words but I don’t think they mean what you think they mean.

Indeed, it is more like they are turning into Square Enix than EA.
Boatloads of DLC announced before the games release, shutting down fan projects, putting Denuvo in games (although they removed it, I think), mostly clinging to the same ideas, etc.

I was going to say Capcom also, but at least they seem to allow fan projects as long as they are not working on something similar.

"Straightening out some facts for news outlets who pick this up:"

<snip>

*eye roll*

Without all the facts it's difficult to make an informed opinion on this.

I read somewhere the two groups in the lawsuit were profiting off of this. The private server that wasn't sued was not. If that's the case, Atlus is completely in their rights to sue here. But I have no idea if that's true or not.

If it's not, then this is really shitty and could set some dangerous precedents.

If that is true, then I doubt that the other group that shut itself down would have done that.
Though, I suppose that they might have misunderstood or just worried that Atlus would come after them anyway.
 

krakenx

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Atlus is actually the one violating copyright law here. Under the DMCA, they are supposed to issue a cease and desist first and can only sue if the host of the infringing content doesn't comply. So unless the host of the site and server ignored the C&D, Atlus is in the wrong here. Companies like Nintendo and Square Enix aren't being nice when they issue a C&D first, they are following the law.

Clean room reverse engineering is also legal as long as assets aren't included, and it's why there are things like the Mario64 and Zelda OoT reimplimentations. The server code should be legal. Now, if the site was handing out the client, that wouldn't be legal, but again, under the DMCA they should have gotten a C&D first.

There is enormous danger here if a crooked judge sides with Atlus. Clean room reverse engineering needs to stay legal not just from a preservation standpoint, but its also essential to other technology uses like right to repair and security research.

There is the potential for massive harm to the future of the internet and technology as a whole if a crooked judge or their massive sums of money allow Atlus to gut the DMCA and reverse engineering. But all we can do is boycott Atlus, and perhaps send them angry letters.
 

Kotomine Kirei

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Atlus is actually the one violating copyright law here. Under the DMCA, they are supposed to issue a cease and desist first and can only sue if the host of the infringing content doesn't comply. So unless the host of the site and server ignored the C&D, Atlus is in the wrong here. Companies like Nintendo and Square Enix aren't being nice when they issue a C&D first, they are following the law.

Clean room reverse engineering is also legal as long as assets aren't included, and it's why there are things like the Mario64 and Zelda OoT reimplimentations. The server code should be legal. Now, if the site was handing out the client, that wouldn't be legal, but again, under the DMCA they should have gotten a C&D first.

There is enormous danger here if a crooked judge sides with Atlus. Clean room reverse engineering needs to stay legal not just from a preservation standpoint, but its also essential to other technology uses like right to repair and security research.

There is the potential for massive harm to the future of the internet and technology as a whole if a crooked judge or their massive sums of money allow Atlus to gut the DMCA and reverse engineering. But all we can do is boycott Atlus, and perhaps send them angry letters.

If it is as big and far-reaching of a problem as you are saying, and it actually happens, you could probably try talking to those in the government about it.
 

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The lack of preservation sucks but it's kind of baffling how much this is painted as only about the game itself and not the whole "copying the original website with copyright information" problem. Especially as it's mentioned another Imagine project that wasn't targeted, and does suck they felt the need to shut down out of worry. Smarter people can and have commented how suing either way is bad. But reading headlines like "Fans sued for resurrecting hit game" just... not the full image? If that makes sense?

Also:
Lots of dlc, lots of Denuvo and now this.
Only P5S, Nocturne HD and Soul Hackers 2 have DLC out of their 6 total games currently. P5S is just the standard RPG "more items that only really help at the start" and legacy BGM. Nocturne has free Merciful difficulty and "Chronicle", and the paid are just "Dante from Devil May Cry", bonus maps, or music from SMT. Soul Hackers 2 only has 5 and it's just stuff like "bonus demons" and costumes (for fucking 12.99). Which isn't a lot, when I hear a lot I think about Dead or Alive. Now, if you're gonna say they do shitty DLC: absolutely. They put demons everyone knows behind a paywall for no good reason.
 

chrisrlink

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Man plunges knife into his dick multiple times and wonders why it hurts

GBAtemp users struggle with the concept of simple IP laws and why this is entirely the defendant's fault

More news at 11
obviously you never or atlus either heard of uh idk exemptions?

https://arstechnica.com/gaming/2018...legally-restore-abandoned-online-game-servers

I can see if a lone fan did this then yeah but if they applied for the exemption though the legal route then atlus is in the wrong here
 
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CMDreamer

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And that's one of the reasons why I don't like online gaming. Companies, soon or later, can and will turn off their servers and let the players with nothing, but a lot less money they used to buy enhancements.
 
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stanleyopar2000

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If a company wants a game franchise to be dead, don’t beg them to revive it nor even make a revival game.

Make peace with it.

This also goes to EarthBound and F-Zero (even if Ness, Lucas and Captain Falcon are in Smash Bros. this doesn’t mean their series are still circulating.)

I’m an armored core fan which means I never give up…:sad:
 

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