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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.

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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.

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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.

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It’s not, but the commenter you are replying to wants it to be
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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
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