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Activision files DMCA order against indie dev for copyright infringement – UPDATE

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UPDATE — June 30: Trek Industries developer has admitted that they did in fact copy Call of Duty assets in their title and are working hard to remove it from their game.

“Last night I received evidence directly from Activision regarding assets not even mentioned in public yet,” he writes. “Upon receiving this it became immediately apparent that blatant rips were made. While the artist offered to remake any assets at no cost, he has now been fired immediately upon learning this. This will slightly affect production and I will get into that later.”

Their entire new statement is available here.

Original Story:

Activision filed a DMCA takedown notice against Trek Industries’ ORION video game, which has resulted in their title being removed from Steam. Orion is an open world-sci-fi shooter title, but Activision claims that company has used assets that were in Call of Duty: Advanced Warfare and Call of Duty: Black Ops 3 in their game without permission.

Activision’s request stated that they filed the notice “on behalf of Activision, who alleges that the game Orion uses weapon art content from Call of Duty: Black Ops 3 and Call of Duty: Advanced Warfare. The weapon art in question includes the M8A7 rifle, the Haymaker rifle, and the Bal-27 rifle.”

Trek Industries developer took to the Steam Community page in anger over this, but looking at comparison images…they assets look very similar…

cod_orion_comparison

Furthermore, a user on Reddit posted more comparison images, which appears to show the independent developer’s game featuring weapons with the exact same sights as Advanced Warfare and Black Ops 3.

orion_guns

The developer claims that they did not use any assets from Activision, but the similarities are hard to pass over. The developer has posted an angry comment on the Steam forum, stating that Activision is “taking away” from their revenue opportunities.

We’ve made Steam our primary platform, but this has put a definite scare into us going forward considering our entire livelihood can be pulled without a moments notice, without any warning or proper verification. I cannot even confirm that the representative from Activision is a real person as absolutely no results pop up in any of my searches.

We have worked VERY hard for many years to not only ensure our community and products were great and supported, but we made sure that we were doing a great service to Steam as a platform and programs like Early Access. This is extremely evident in any of our Product reviews.

We need everyones help and support to rectify this immediately as this erroneous claim has already costed what is a very small team a significant amount of money and we need it remedied ASAP so we can get back to work on real content, something that Activision should take note of.
#OrionNeedsYou

Activision has not issued a statement about this yet.

Valve sent the developer this full comment regarding what was happening:

*REDACTED*, on behalf of Activision, alleges that the game Orion uses weapon art content from Call of Duty: Black Ops 3 and Call of Duty: Advanced Warfare. The weapon art in question includes the M8A7 rifle, the Haymaker rifle, and the Bal-27 rifle. Use of this weapon art content without permission infringes Activision’s copyright in Call of Duty: Black Ops 3 and Call of Duty: Advanced Warfare. https://www.activision.com/games/call-of-duty/call-of-duty-black-ops-3,https://www.activision.com/games/call-of-duty/call-of-duty-advanced-warfare.

As a result, we have removed your posting from Steam.

Valve follows the procedure set forth in the Digital Millennium Copyright Act. The DMCA is a United States copyright law that governs online service provider liability in case of copyright infringement. When we receive a DMCA notice, Valve must take down allegedly infringing copyright materials; otherwise Valve could be subject to a claim of copyright infringement.

SOURCE: Steam

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Activision

Activision files cease and desist letter against another cheat manufacturer

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Activision Blizzard continues to take down cheat manufacturer sites to stop the spread of different cheats for Call of Duty: Modern Warfare and Warzone.

In August, the company filed a lawsuit against CXCheats for illegally creating cheats to be used in an IP owned by Activision Blizzard. CXCheats since deleted all cheats for Modern Warfare and Warzone in compliance with the lawsuit.

Now, in September, another large cheat manufacturer, GatorCheats, has said that Activision Blizzard has filed a cease and desist letter to stop them from making cheats for Call of Duty games.

The owner of GatorCheats said in their Discord that the first letter was filed by in May 2020, but they did not fully comply with that – opting to allow cheats to continue to be available.

In May 2020, Activision Blizzard’s attorneys contacted me via a Cease and Desist letter. Considering this event, I decided to act on my already pending decision to close all sales to new customers for my product relating to Modern Warfare and Warzone.

Activision has since escalated the requests. In Sept. 2020, the owner of GatorCheats claims that Activision Blizzard served another cease and desist letter. But, this time, a PI showed up at his residence with the letter and informed him of what Activision knows about their site and the owners behind it.

In September 2020, Activision Blizzard’s attorneys had another Cease and Desist letter hand delivered to me by who I assume was a PI, considering he knew my family members by name and made a point to showcase that he did. Also in September 2020, I received very clear communication in a follow up from Activision Blizzard’s attorneys communicating that they would litigate (file a law suit against me) if I didn’t comply with continuation of stopped sales as well as a complete stoppage of interaction with and updating of any products related to their client’s products.

The full letter from the owner states that he will “never make or create” a cheat for an Activision Blizzard product again after receiving the letters and a visit from them at his house.

Activision has not commented on their anti-cheat initiatives since June, where the company said they continue to ban players on a regular basis.

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Call of Duty: Modern Warfare

Activision files lawsuit against cheat manufacturer

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Activision filed a lawsuit to sue a company responsible for creating hacks and exploits for Modern Warfare and Warzone.

Activision has sued CXCheats for illegally creating cheats to use in Call of Duty, the company announced.

CXCheats claims on their website that they are “dedicated to quality.”

This is a pathetic marketing line to convince users to buy cheats to use in Call of Duty.

The owner announced on Discord (message posted to Reddit) that they are removing Warzone cheats from their site.

Announcement Message

As some of you may know, Activision Publishing, Inc. has filed a lawsuit against CXCheats and has made it clear to us that our services violate their Terms of Use.

As a result of our lawsuit with Activision, we have agreed to cease development and support for all Call of Duty related products or services sold through the site. These products will not be returning to CXCheats in any form. You also should be aware that using third-party tools in Call of Duty may result in the suspension or banning of your account by Activision Publishing, Inc. or the game’s developers. We apologize for any pain we’ve caused to players of Call of Duty.

Call of Duty: Warzone has been experiencing an intense amount of hackers since the game’s launch on March 13 on the PC platform.

With cross play, the hacks impacted the console players as well. PS4 players have opted to disable cross play to avoid them. Xbox players currently cannot disable cross play for unknown reasons.

CXCheats said on Discord that any user found using their software in Warzone will be banned, permanently.

Any user who utilizes unauthorized third-party software to gain an unfair advantage, manipulate stats, and/or manipulate game data is subject to penalty. Unauthorized third-party software includes, but is not limited to, aimbots, wallhacks, trainers, stats hacks, texture hacks, leaderboard hacks, injectors, or any other software used to deliberately modify game data on disk or in memory.

As of now, Activision has not commented on the lawsuit.

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Activision

Former MLB executive joins Activision Blizzard to lead Sports & Entertainment

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Activision Blizzard announced this week that former MLB executive will be joining the company starting August 17 in a newly formed position of President of Sports & Entertainment.

Petitti was the Deputy Commissioner and COO of MLB for years.

“Tony is one of the most highly regarded executives in sports and entertainment,” said Bobby Kotick, Chief Executive Officer of Activision Blizzard. “His success in media and as Deputy Commissioner and Chief Operating Officer of Major League Baseball is the perfect blend of skills to help us realize our aspirations for esports and our related businesses. He is admired by owners, media executives, players and fans.”

“Bobby Kotick has been translating his vision into opportunity at Activision Blizzard for 30 years. I couldn’t be more excited to use my own 30 years of sports and entertainment experience to help Activision Blizzard realize its ambitions,” said Petitti. “It’s clear to me the company has an incredible opportunity to connect players and fans in new and innovative ways, and I’m excited to be joining the company at such an important moment in its history. The last 12 years in baseball have been extraordinary for me and I am especially grateful for the leadership and mentorship that Commissioner Manfred provided to me and the League.”

Tony Petitti will join on to be in charge of the company’s esports businesses, which include Overwatch League and Call of Duty League, consumer products division, and films & television division.

Petitti will report directly to Activision Blizzard CEO Bobby Kotick.

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