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This isn't much of a response, what they said amounts to that you should work harder to cultivate a community that you can then funnel into their platform. "Launching isn't the finish line" is obviously true but what has been happening is that people are sniped before launch based on their demo and marketing material, so it's not all that relevant.

Valve ought to be funding lawsuits against these bootleggers. Steam can only exist if indie developers feel confident they can publish there. It's as much a threat to them as anyone else, and indie studios can figure out for themselves they need to market harder but can't necessarily embark on a lawsuit.

I don't think it's a problem of copying, as much as the fact that the signals we use to identify quality are no longer working.

Clones always existed, kids chose pokemon rather than a dollar store dragomons because pokemon became a household name by the time bootlegs appeared, legitimate shops only sold pokemon and the cartridge itself showed a quality difference.

Nowadays the clone can reach people before the original, the store shows everything equally, and the sprites, videos and description can be good enough to fool people. Steam works as a platform for the purchase itself but not as a discovery mechanism, because there's no "seal of quality" you can consider (other than skipping indies entirely).

No one can review at the scale needed, and it's entirely possible for a great game to have devs that are awful at marketing and get buried. I'm not sure what the solution is, but I think some kind of threshold is necessary for the shops, or at least for an optional filter.

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the notion of "quality" equals very much luxury for many many people... and last time I checked some 90% of the peoples of the world were not concern with it (the lux), but with making ends meet. all opportunities arising would be taken immediately, and if some kid can play a game for 5EUR and likes it, even not the certified origins, his father would not rush to get the 80EUR one (and particularly if he can afford to summon, or like prompt, something workable into existence).

same for many forms of media, and for a lot of physical objects such as luxury items fakes. and we're talking utility here, so I bet lots of people use counterfeit electric equipment because it just works.

of course then comes ingenuity and community, but copyright is so dead, that it cannot be resurrected meaningfully at all perhaps at this moment.

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> Valve ought to be funding lawsuits against these bootleggers.

Is cloning the games in this way illegal? Has there been a precedent set?

While OP discussed bootleggers, it's the extortion TFA mentions (quoted below) that's likely worth suing over. Indie devs can't fund a full-fledged lawsuit, local authorities don't have the reach to grief those responsible due to it almost certainly being outside their jurisdiction, and Valve may not have legal standing.

What could be done is forwarding the complaint to Valve, and ensuring that the bootlegged game put out by those attempting to make good on their threats gets removed, and the developer banned.

> The question regarding AI cloning stemmed from a specific threat. One developer shared that indie developers have recently been receiving extortion emails threatening, "If you don't pay, we'll clone your game with AI and release it first." While understanding the advice to showcase games prior to release, the developer noted that such threats could make creators hesitate and asked if Steam had protective measures in place.

> Tom Giardino expressed regret, noting that this was the first time he had heard of such extortion cases.

> [...]

> While drawing a line on the extortion itself, he kept communication channels open. He noted that such extortion is closer to an issue for law enforcement agencies rather than a game platform to solve

Yeah, this is a much better version of my argument.
> What could be done is forwarding the complaint to Valve, and ensuring that the bootlegged game put out by those attempting to make good on their threats gets removed, and the developer banned.

For Valve to remove a game like that could be seen as anti-competitive. They would also have to actually prove this with evidence and so on for it to make sense. And there lies the competitive fog of war which can have consequences among competing games. One competitor saying "I'll make a game if you don't pay me to not make one" to another is not extortion or a threat at all. It's just business. And it can be very scary to be faced with an adversary like that.

What do you think Facebook et al do? They rip each other off through planted employees, poaching, and other shenanigans to find out who is working on what so they can be there before their competitors.

This is why we have other methods (patents, copyright, and so on) that are employed for legal protection. But ideas? Not good enough.

The word "extortion" here is doing so much heavy lifting it's comical.

Legal depends on details. There are copyright, patent, and trademark laws that apply depending on how the cloning was done. Ask a lawyer for details.

The idea of a game is not protected. The specific graphics, dialog, script, and code are protected. Save the princess in an 8 level game is generic but just a few more details copied and suddenly you are an illegal clone of the NES Mario brothers script...

If you are worried talk to a lawyer about preemptively registering your copyrights (cheap) and trademarks (more expensive).

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It doesn't need to be illegal for a lawsuit. They just need to make a convincing case they've been damaged.
It's a good question and the answer is mixed. Some of the problem has been directly bootlegging games in other markets like China, so stealing the code and assets outright. That's definitely a copyright violation most places, I would assume it is in China too, but the point is moot without Valve's backing because no indie is going to conduct a lawsuit in a foreign country.

A clean room knockoff isn't but I don't think the cases would necessarily even be brought or won. There's a lot of quick buck artists who see gaming as a soft target. Success is in convincing them there's risk involved rather than actually winning in court or extracting settlements.

That will still leave a lot of AI game development people feel is slop. That's probably the reality going forward. But reducing that to the people who are interested in making games (even if we are unhappy with their results) and removing the people who are revolving through the latest AI get rich quick schemes is probably achievable.

Valve is unlikely to raise a lawsuit in China even if someone releases Half Life 2: Electric Boogaloo. They have no hope of winning, and their position in the country is a miracle as it is.

As for the other cases, I don’t see a realistic path for Valve. Once they start kicking knockoffs they will have to draw a line, and it won’t end up being based on whether the action is actually illegal.

Not in the least. You can make a 2D platformer and Nintendo can't sue you for copying Super Mario (they'd like to, probably).

The only defense against copies has always be the same, be better than the copies in thing the consumer likes. You can't copy a Mario game, you can't copy a Kojima game, you can't copy a game that has been masterfully done and polished. If slop is gonna eat your lunch, it's only because your game is as good as slop.

The issue is discoverability.

Sure if you made a name for yourself, you can bank on that. People will buy Slay the Spire 2 instead is cheap copycats.

However I you are a new indie dev and made a decent game, how can people find you? They can't under the sea of slop. They could scroll and scroll and never find you.

I heart from many game reviewers that they have an harder and harder time finding good games to review. Not because people don't make good games anymore, in fact more good games than ever are made but finding them is harder than ever. Indie devs don't have a giant marketing department.

If steam keeps refusing to curate game the gaming market is going to crash hard.

It’s not, but the commenter you are replying to wants it to be
I'd love to hear you justify it
In the same vein that having the same name of functions is a copyright violation. People don't understand that good things are meant to be copied so that consumers have the best product
> People don't understand that good things are meant to be copied so that consumers have the best product

I get how my comment comes off that way but I do agree and am broadly in favor of knockoffs. I think there's a distinction between a knockoff and a bootleg, where a knockoff steals ideas and a bootleg steals the execution. And a good game is a tasteful knockoff of a bunch of previous games, great artists steal and such.

You will not find a business willing to take such risks, so the net effect will be no products at all.
Patents and copyright are there to allow businesses to recoup investment in R&D

The end result of what you're talking about isn't that the innovator will be copied and consumers will benefit.. it's that the innovator will no longer exist and no-one will benefit.

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I thought Valve was interesting as they essentially said the accumulated community around a good game will be something that is harder to copy, and developers should make their game unique and cultivate this.

So far, so good. I talk to indie devs all of the time. I remember a husband and wife setting aside a small budget for their passion project. These are people with very limited time and money, so they do not have the resources or expertise for the business and marketing side, and they may also get overwhelmed if somebody just makes a copy and starts spreading it on reddit or elsewhere.

I think Valve is still right in essence but the answer is really "it depends". To me it comes down to relationships and trust: Getting a few early, vetted players, not necessarily going for high volume e.g. 500+ on Discord or whatever. Having people who really care, support and co-create with you. This will probably look a little bit different for every game: Some might run curated spaces, others will just embrace that copying is a thing that may happen. I saw the Xbox Labs announcement lately with even another route: Remixing being part of what they explore as the future.

Are the bootlegs illegal?

Valve could just not publish them, they don’t have to risk suing.

> Steam can only exist if indie developers feel confident they can publish there.

Why though?

Imagine, there will be an AI agent, which will produce new game everyday and Steam users will like it and keep buying. Steam can only exist if customers keep buying and are not annoyed by games.

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Valve doesn't have a case here to bring. It is not their legal fight to begin with.
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"Valve ought to be funding lawsuits against these bootleggers." - yeah good luck on that. no legal framework exists and they actually benefit from it the same way Spotify and YouTube does. In a way they all welcome this move, and eventually may require you to pay on top for them to inform you of slop alongside banners. Otherwise you get the whole package and tis all business as usual.
It seemed to me like they're hedging until they know which side is more profitable to support. We don't know yet if slop will be widely embraced by consumers. Valve will be happy to profit from AI if it takes over from real developers.
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The slop has always been there, and Valve makes it easy to refund it. I don't see what more can they do. At the end of the day the players decide what they want to play and pay for. Ideas have always been cheap in this industry. Threes was cloned immediately and most people only know the clone.
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