Developer Threatens to Sue Over Out-Of-Date Review.

[Mangod]

So, just got this from Totalbiscuit:


A dev called Oddgames, makers of the game Monster Truck Destruction, are threatening to sue youtuber Nerd3 if he doesn't take down his year-old review of the aforementioned game, citing defamation.

Now, I'm not a law student, but I'm sure that there's no such thing as retroactive defamation. How in the hell did they expect this to work? At least they could have asked Nerd3 to re-review the game, now that it's been updated, instead of kicking the hornets nest like this.

Edit: And here's Nerd3's own video on the matter:

 

[Pirate Of PC Master race]

Well sucks to be them. They should have made good game in the first place, no?

Also, how can it be a defamation if the footage is real?

It would be like me suing others for calling me a bastard when I really WAS a bastard 2 years ago.

 

[nomotog_v1legacy]

It can't count for defamation. If it was an honest review of the game then it's save. (If it wasn't honest you likely still wouldn't win.) They likely couldn't ask N3 to re-review it. That isn't how channels like that work. Inserting, but I doubt much will happen from this.

 

[DefunctTheory]

Also, how can it be a defamation if the footage is real?

It can't count for defamation.

Unfortunately, that's not what the lawsuit is really about.

Oddgames is threatening to start a money fight, attempting to bully a youtuber into removing a review not because they'd win the lawsuit, but because the process of defense would destroy the reviewer.

Pretty despicable practice, really.

 

[nomotog_v1legacy]

Also, how can it be a defamation if the footage is real?

It can't count for defamation.

Unfortunately, that's not what the lawsuit is really about.

Oddgames is threatening to start a money fight, attempting to bully a youtuber into removing a review not because they'd win the lawsuit, but because the process of defense would destroy the reviewer.

Pretty despicable practice, really.

That would not work in this case. It is possible for the big to bully the small, but N3 is not small.

 

[DefunctTheory]

Also, how can it be a defamation if the footage is real?

It can't count for defamation.

Unfortunately, that's not what the lawsuit is really about.

Oddgames is threatening to start a money fight, attempting to bully a youtuber into removing a review not because they'd win the lawsuit, but because the process of defense would destroy the reviewer.

Pretty despicable practice, really.

That would not work in this case. It is possible for the big to bully the small, but N3 is not small.

Oh. I was under the impression he was a Youtuber. EDIT: One I had actually never heard of, until this.

 

[nomotog_v1legacy]

Also, how can it be a defamation if the footage is real?

It can't count for defamation.

Unfortunately, that's not what the lawsuit is really about.

Oddgames is threatening to start a money fight, attempting to bully a youtuber into removing a review not because they'd win the lawsuit, but because the process of defense would destroy the reviewer.

Pretty despicable practice, really.

That would not work in this case. It is possible for the big to bully the small, but N3 is not small.

Oh. I was under the impression he was a Youtuber. EDIT: One I had actually never heard of, until this.

Oh they are ,the, youtuber. They are kind of big. I am not 100% sure though. It can be kind of hard to tell who David is these days.

 

[Zenja]

The law is on his side so much, he could probably represent himself and win. Or he could just take down the video and not promote the game that probably none of us have heard of before this. I wouldn't be surprised if they were doing this to a big youtuber hoping for backlash for their email hoping it would put their cheap game in gaming pop culture.

 

[Bad Jim]

If I was him I'd spend like a month finding every extant glitch and showing them all in a new video.

 

[Silentpony_v1legacy]

ATheory has the right of it. It has nothing to do with defamation. Its a financial battle of attrition. Bankrupt a small-time Channel with legal fees to keep a video up.

What OddGames should have done it offer a review copy if Nerd3 was willing to do a second review.

 

[-Dragmire-]

Does, "Escalate to the relevant authorities" mean sue? It might mean that they'll try to DMCA him. That wouldn't be right either but it makes about as much sense as them trying to sue Nerdcubed.

Honestly, I'm quite amused by the tone of the email.

 

[K12]

I'm going to sue my parents because they've kept my 18th birthday cards and I'm 25 now.

If I were him I'd re-review the game and make it sound like the worst thing ever made without making any factual statements... he probably has a bit more integrity then me though.

 

[Poetic Nova]

Another developer digging its own grave. At this point a year is not complete without witnessing such things happen.
Shame that Nerd3 has to go through that bullshit though.

 

[BrawlMan]

Another developer digging its own grave. At this point a year is not complete without witnessing such things happen.
Shame that Nerd3 has to go through that bullshit though.

Seriously, why are some developers or publishers so insecure about a review of an old game. I don't know the quality of game, but the man or anyone else is allowed to have their own goddamn opinion. It's one thing if he was spreading lies and misinformation (which some reviewers professional or otherwise have gotten away with multiple time), but this is clearly not the case.

 

[Leg End]

This feels like a smaller version of when some dumbasses tried to sue Newegg. I hope Nerd3 hangs them.

Oh. I was under the impression he was a Youtuber. EDIT: One I had actually never heard of, until this.

He's a pretty big YouTuber with I believe an alliance of muscle on speed-dial due to potential partners, though I don't believe he's ever stated specifics.

I'm actually willing to bet he has more money than the developer suing him.

 

[CaitSeith]

snip

That would not work in this case. It is possible for the big to bully the small, but N3 is not small.

But, is ODD Games even big? Never heard of them before.

 

[ecoho]

ATheory has the right of it. It has nothing to do with defamation. Its a financial battle of attrition. Bankrupt a small-time Channel with legal fees to keep a video up.

What OddGames should have done it offer a review copy if Nerd3 was willing to do a second review.

the thing is I think that guy is part of Polaris which is owned by Disney.........yeah that wont end well for the devs.

 

[CaitSeith]

I heard about this just yesterday (precisely from those videos). "We fixed our game now. Delete your 1 year old review in 48 hours or face the consequences." Unbelievable. Developers, why? Why do you have the impulse of bulling game critics? Why do you insist on being so antagonistic and making enemies out of them? It just blows my mind!

*sigh*

I wanted to discuss about possible circumstances where updated game reviews could be feasible (maybe fan sites, or genre focused sites). But I think that should be in a different thread.

 

[hermes]

snip

That would not work in this case. It is possible for the big to bully the small, but N3 is not small.

But, is ODD Games even big? Never heard of them before.

They are a small Australian company. They are not big at all. In these cases, how does one even sues someone from another country?

My guess is that they tried to scare the reviewer into removing the video. Shitty practice, but not so new, specially from small developers. Only that now we get to hear about them because youtubers don't really care about the fuzz...