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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DarkKaine

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

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As I was reading this thread I couldn't resist going through the comments thinking 'ah, I bet there is probably this one guy over here that will kiss their ass regardless'. Looks like I found that person. May I ask what you're even doing on the forums of a community that specializes in gamefuckery?
 

VinsCool

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Is it just me or companies all seem to play the game of "pulling the most infuriating move and getting away with the least reputation damage possible" these days?
 

MetoMeto

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I mean....its called PRIVATE for a reason.

Whenever i hear things like these im actually glad hackers hack their consoles, games, and leack things. As far as im concerned, they can shut down their buseness now if they feel that salty, they dont make any new, original, good, quality games anyway. its all prequesls, sequesls, remakes, normies shit, mobile games. They have shitty services, ovreprice, limit...

I wouldnt miss them at all if they are gone right now.

Burned, salty mother fuckers. Going after fans.... Pathetic.

I mean kust vote with wallets. Thats all.

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

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They dont need to understand, youre smart, you can tell them.

oh wait...you already did. Oh well, good for you for understanding and thinking everione are below you and idiots. Good for you. :)
You just seems to lack the point...thats to bad.

The server is probably making money off Atlus' IP and files.
"probably"

So, it sounds like the project website technically violated Atlus' copyrights due to the addition of their own logos. I'm not too happy when huge game corporations shut down fan projects, but they should have been a little wiser about such things. They unfortunately gave Atlus an easy way to shut them down.

All that said, this isn't a good look for Atlus. They've never been on my radar as the kind of company that shits on its own fans, but they've given me that perception now. And at what benefit to them?
They actually made atlus show their true face. Basically same face nintendo has. Sega on the other hand....
 
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PacBunnyXV07

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Companies are allow to protect their IPs. So its ok for people to "take" something that they had no part of and bring it back because they think its ok? No, people are just gonna act like hypocrites and complained about companies taking action to STAY IN BUSINESS!!! People want these companies to do the honorable thing and make great goods & services yet some of you people promote piracy that effects businesses.
 
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pustal

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

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I am perfectly aware of IP laws, thank you.

I am also have a basic grasp of public relationship and how it is percieved by the public to legally attack a fan project that doesn't hurt them in the slightest.
 
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Sega doesn't do stupid shit like that. They really should take their atlus under the thumb.
Well, I do remember Sega going after a fan remake-reboot of a Streets of Rage game, and maybe some other similar thing as well, like... they're not exactly clean of doing bs of this sort, guess they just happen to do it less.

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.)
Or instead, you make your own game inspired by said series, or bootleg or what.
Or just don't care wtf a moronic company says and make your own game with their ips anyway, 'cus fuck them.
I also don't like your corpo-attitude, mister/miss.
 

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Or just don't care wtf a moronic company says and make your own game with their ips anyway, 'cus fuck them.
"Yeah fuck those stupid companies that made games which we all played at some point earlier in our life and make better and original games instead!"
I'm waiting on your move now.

I also don't like your corpo-attitude, mister/miss.
As if anybody cares about random strangers opinion on them on the internet, you need to be introduced to something called real life and caring about your own shit. As I said before, still waiting for you to make that new big hit that everyone will be playing.
 

sombrerosonic

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Well, I do remember Sega going after a fan remake-reboot of a Streets of Rage game, and maybe some other similar thing as well, like... they're not exactly clean of doing bs of this sort, guess they just happen to do it less.
Eh, maybe a reboot could be coming of that? I know some games from the dreamcast\Genesis COULD be revived as some info from a PR meeting has said of a spin-off/reboot/more games so we could get some more soon
 

Darth Meteos

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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.)
alternatively, enjoy the things you want to enjoy and don't let your dreams be dreams forever
 

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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.
You are mistaken. What you’re referring to is a takedown notice issued to third-party hosts when their users distribute copyrighted content - the hosts themselves are shielded on the basis of CDA 230 which limits the host’s liability for user-uploaded and user-generated content. When it comes to infringement of original works by a specific person or group, there is no such requirement as you are suing the infringing party itself. You can file a claim with the copyright office immediately, and you can pursue a lawsuit if registered. A cease and desist letter is a legal formality that serves as a good will attempt to resolve the matter without involving the law - it is not required to file a copyright infringement lawsuit. This is governed by Title 17, more specifically chapter 5, not DMCA - the act only clarifies some issues regarding digital content. By all means, correct me if I’m wrong, but a good will effort to resolve the matter amicably is not a prerequisite to suit.
 
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Eh, maybe a reboot could be coming of that? I know some games from the dreamcast\Genesis COULD be revived as some info from a PR meeting has said of a spin-off/reboot/more games so we could get some more soon
Well, they did publish a Street of Rage 4 that then came out not too long ago, iirc?
Plus, also think the guys behind the SoR remake-boot ended up releasing it anyway, so... whatevs, I guess.
 

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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.)
In what alternate world did you step in thinking this is relevant at all? Like this isn't a matter of "they want the franchise to be dead, stop reviving it" at all? Especially when Imagine isn't in the same case as Mother or F-Zero, kind of being online was the initial point? That makes the most sense to "revive", provided you don't mis-use logos and whole website designs, which seems to be their actual issue.
 

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I get wanting to protect IPs and all that bullshit.. but... Was Atlus hurting so badly for money they went after fans who revived a dead game? Instead of.. Oh.. I don't know, CnD'ing?? Shit, maybe say "Hey, shut that down and let's have a talk" and maybe allow them to bring it back in a semi-official capacity?
 

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I mean....its called PRIVATE for a reason.

Whenever i hear things like these im actually glad hackers hack their consoles, games, and leack things. As far as im concerned, they can shut down their buseness now if they feel that salty, they dont make any new, original, good, quality games anyway. its all prequesls, sequesls, remakes, normies shit, mobile games. They have shitty services, ovreprice, limit...

I wouldnt miss them at all if they are gone right now.

Burned, salty mother fuckers. Going after fans.... Pathetic.

I mean kust vote with wallets. Thats all.
Ok, i'm all about resurrecting old games for the sake of the community, but this is a really stupid take.

Sequels or not, there are quality games releasing every month, games where studios pour their very souls to make something people will like. Their work has a value, like it or not.

And yes, original games DO release, you just need to look out for them.
 

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There are many layers to the story. I don’t think Atlus will be successful in their reverse engineering claims as they’re likely exempt. With that being said, the team is also likely to settle out of court to avoid a battle, which is their prerogative. That part of the case is not too dissimilar from what we saw with the RE-GTA ports. Of course Rockstar had a vested interest in getting those removed due to the GTA Trilogy being in the works, but that’s not really a relevant factor, or an indicator that Atlus plans a re-release. The website claims are valid - they cloned and slightly modified the site, so it was blatant infringement. Were there any damages from that? I don’t think so. Lastly, the other server going down - that’s just the other team shielding itself from liability - a suit had a chilling effect, so what Atlus did “worked” for them. Is it good PR? Nnnnnope - it looks very bad, and the whole matter could’ve been handled better. Ultimately the product is dead, which I believe will come up as a extenuating circumstance in regards to damages. There is only so much “harm” you can do to a brand when the product in question is not on the market.
 
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