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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DarkAkuma

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I'm all for fan/emu servers for MMO's, especially for games you can no longer play otherwise. They should be perfectly legal. You should be able to play a game you have paid for. But... wow! These guys took every chance to open the door for Atlas to take action against them!
 
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Luke94

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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 guess the same goes to especially for instance,as an example these days,nowadays EarthBound,Commander Keen,Jazz Jackrabbit(political incorrectness),Jill of the Jungle videogame series industry. Symbolical abandonment in nutshell.
 
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Shape

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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 agree in terms of revival games, but no. No no no. Preservation is important and too many historically relevant games have been lost to time already. It's not even about nostalgia at this point-- so many games have been lost that it's actually difficult to teach a hands-on curriculum of video-game history now. Too many games have been reduced to just a blob of concept text...

Edit: Also, I actually don't fully agree in terms of revival games, unless their creator is seeking money or fame-- since revivals are generally fan projects that aren't seeking to obtain money. I do agree this project should have been targeted (they were seeking fame). However, I'm like, flabbergasted, that the creators of these revival games aren't a bit more hush hush with their endeavors until they're at point-of-release and that a lot of revival projects' creators over the years haven't been protecting themselves with VPNs and multiple pseudonyms. Now, this is not a statement of encouragement that "revivals are awesome" or "revivals should be made", it's just a statement that the handling of many of these cases by the IP owners can be a bit... abusive of IP laws and that a lot of these companies need to stop basing their business around mascot characters.
 
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City

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- companies usually send C&D letters before suing, because it’s cheaper. Were they sent or not?

- companies usually care about this stuff when people make money. Was it really “no profit” or did they have at least a Patreon?

- did they really clone the website the same as it was?
 

Luke94

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I guess in that case that would be relief to have at least Return to Sender DMCA,NDA,lawsuit,copyrights infringement letter.
 

MetoMeto

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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.
Going after fans is pathetic, whatever you say.
 

LainaGabranth

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MMOs that are dead should have private servers be legally protected. If a company doesn't like that, they can keep hosting the game. Selling shit to people that will intentionally be broken down the line just fucking sucks all around and I think media preservation needs to be protected more.

Corporate boot lickers need not reply.
 

linuxares

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MMOs that are dead should have private servers be legally protected. If a company doesn't like that, they can keep hosting the game. Selling shit to people that will intentionally be broken down the line just fucking sucks all around and I think media preservation needs to be protected more.

Corporate boot lickers need not reply.
The server apparently wasn't the big problem. Is what the creator took official stuff from Atlus, put his own copyright next to Atlus and Sega, like he was part of development of the game and also copy+pasting the official website.

Oh and also taking payment for being able to play.

Sega and Atlus literally have to take actions not to lose the trademark of SMT.
 

LainaGabranth

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The server apparently wasn't the big problem. Is what the creator took official stuff from Atlus, put his own copyright next to Atlus and Sega, like he was part of development of the game and also copy+pasting the official website.

Oh and also taking payment for being able to play.

Sega and Atlus literally have to take actions not to lose the trademark of SMT.
>Taking payment
God holy shit, this makes me even angrier than companies shutting down private servers. I get the work involved to get one running, but ultimately charging money for the labor of a game company is so fucking retarded beyond words that it genuinely angers me. It's not their fucking property. I see this shit all the time with WoW servers.

Thanks for clearing that up, I change my stance entirely to "yeah nah nevermind fuck those guys" LOL
 

linuxares

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>Taking payment
God holy shit, this makes me even angrier than companies shutting down private servers. I get the work involved to get one running, but ultimately charging money for the labor of a game company is so fucking retarded beyond words that it genuinely angers me. It's not their fucking property. I see this shit all the time with WoW servers.

Thanks for clearing that up, I change my stance entirely to "yeah nah nevermind fuck those guys" LOL
Sadly it was a gang making an open-server. As anyone could host their own. But they got scared and await this lawsuit.
 

Osakasan

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Going after fans is pathetic, whatever you say.
As a fan creator, i would be mortified if they went after my work, but that's not what i'm talking about.

You advocated for hacking, piracy, leaks, and said that there's no creativity anymore when that's blatantly false. That you're being jaded it's not the industry's fault, it's just you being bitter.

But now that you mention going after fans, let's talk about it and what constitutes fair use and what doesn't.

I said before that i'm a fan creator, and i am, i take pride on my work of almost 20 years and i know how much it took me to get it done, BUT

As a fan creator, i have to know where my limits are. I can't, for example, write down the script of Castlevania: Portrait of Ruin and present it as my own work because that would be plagiarism, i can't open a Patreon or a Kofi either because i would be asking for money for an IP i don't have a license of.

In fanfic for example, you can't even write down the full lyrics of a song because there's someone out there who has the rights to it.

If you want to make a fan game, don't use assets of the original or a single line of the source code. There's a reason why the Mario 64 and Ocarina ports require you to add your own roms instead of including the compiled assets.

Fan works have limits, do you want to run a private server? Please do, but don't clone assets or try to earn money from it, it's called a FAN work for something.
 

Luke94

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Would for instance as an example Nintendo and Epic Games lawsuit for their own videogame series classics especially these days nowadays? Speaking of letters I’ve got Return to Sender from Kath Soucie. She’s my idol. She’s very entertaining person herself. She’s very smart,skilled talented feminist elder older female Hollywood celebrity. She’s the best.
 

Osakasan

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Would for instance as an example Nintendo and Epic Games lawsuit for their own videogame series classics especially these days nowadays? Speaking of letters I’ve got Return to Sender from Kath Soucie. She’s my idol. She’s very entertaining person herself. She’s very smart,skilled talented feminist elder older female Hollywood celebrity. She’s the best.
The furthest they have gone is sending C&D
 

MetoMeto

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As a fan creator, i would be mortified if they went after my work, but that's not what i'm talking about.

You advocated for hacking, piracy, leaks, and said that there's no creativity anymore when that's blatantly false. That you're being jaded it's not the industry's fault, it's just you being bitter.

But now that you mention going after fans, let's talk about it and what constitutes fair use and what doesn't.

I said before that i'm a fan creator, and i am, i take pride on my work of almost 20 years and i know how much it took me to get it done, BUT

As a fan creator, i have to know where my limits are. I can't, for example, write down the script of Castlevania: Portrait of Ruin and present it as my own work because that would be plagiarism, i can't open a Patreon or a Kofi either because i would be asking for money for an IP i don't have a license of.

In fanfic for example, you can't even write down the full lyrics of a song because there's someone out there who has the rights to it.

If you want to make a fan game, don't use assets of the original or a single line of the source code. There's a reason why the Mario 64 and Ocarina ports require you to add your own roms instead of including the compiled assets.

Fan works have limits, do you want to run a private server? Please do, but don't clone assets or try to earn money from it, it's called a FAN work for something.
All im saying is you dont deal with fans in a public space that way.
Money is not important, its PR and the approach.
 
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Luke94

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Anyway can you at least tell me how to properly change textures in case of what if someone got original physical videogame copy? Speaking of Unreal Gold game I mean. What if someone decides to make replica of Epic Games Launcher?
 
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Luke94

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Who could thought that Sega as third party company that turned out to be doing anti-consumer shady business practises in case of Shinmegami Tensei MMORPG.
I thought that they are allowing fans for everything,but it seems they are doing the same thing as Nintendo. I don't know of how it is in case of Jazz Jackrabbit and Epic Games.
 
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