Developers Claim GameStop Was Selling NFT Games Without ‘Consent’

An astronaut passes an image of the Breakout Hero HTML game to another astronaut.

Image: Gamestop / Christian Majewski / Kotaku

GameStop has once again proven with its NFT shenanigans that an unregulated marketplace built on planet-destroying technology – and this may shock you – is not a good idea. In careful report from Ars Technique, the GameStop NFT marketplace was once again the subject of controversy, as an NFT minter on the platform was caught selling NFT-modified versions of HTML 5 that he did not make himself and had no authorization to sell them. Oh, and here’s the fun part, now these games will probably live forever on the blockchain!

GameStop has number of contractions in last years as it tried to stay competitive and relevant. His recent experiment was to try and create a wave in the NFT space. launch of digital asset marketplace yet terrible. The marketplace has not been without controversy, including a recent NFT that featured art similar to the image man falls to his death during the attacks on the World Trade Center on September 11, 2001. The latest round of nonsense to come out of the store, however, involves a man named Nathan Ello and his NFT NiFTy Arcade, whose goal is interactive NFT fun. …but he didn’t seem to stop and ask if he had permission to use games other people developed for this project, let alone if he even had the right to make money from them.

Speaking with KotakuNathan Ello declined to comment for this story.

Kotaku reached out to GameStop for comment.

For some time, NFTs have been the subject of theft and questionable ownership. If it is not An NFT previously owned by a celebrity has been stolentherefore, intellectual property is thrown into a giant gray area, then someone is minting NFTs with art that doesn’t belong to them. The supposed security of NFTs has also been shattered phishing schemes as well as smart hackers. The secure and traceable future of blockchain commerce was very unreliable, and it was very difficult to identify intruders. And this latest GameStop vs. NiFTy Arcade controversy is another example of that mess. Meanwhile, industry insists on sale, usingas well as glorification of the NFT in spite of overwhelming negative reaction as well as humiliating failures.

As Ars Technique It was first reported today that Ello’s “NiFTy Arcade” NFTs were to be “playable entirely from the owner’s crypto wallet” or on the GameStop marketplace itself. At least it seems to make more sense than a plain JPEG. Instead of just buying a “link” to an image that you obviously “own” part of, at least you can play a fun little HTML 5 game burning the planet to the ground.

This pleasure, however, comes with the added bonus that NiFTy Arcade features games entirely developed by other people who have never given permission for their work to be used in this way or for profit. In fact, many of these games, such as Worm Nom Nom can be found on with a very clear Creative Commons license that does not allow commercial use.

The reaction was harsh, with several developers saying they felt cheated by NiFTy Arcade. Christian Majewski, developer Breakthrough Herosaid in a statement for Ars Techniquethat his work was “sold for profit without my consent”.

Ello stated on Twitter that in some cases, inconsistencies with the licensing language for other games certainly meant that he did nothing wrong by simply taking them.

As Ars Technique As detailed in their report, Ello has suspended his minting privileges on the GameStop marketplace and the NFTs in question have been removed from the platform.

On top of that, thanks to the miraculous magic of NFTs and the powerful blockchain, these minted games can just live forever where they can be bought and sold on other crypto markets. GameStop’s NFTs use the “Interplanetary File System” (IPFS), which would sound cool if the technology didn’t allow others to continue to buy and sell NFTs without any content checking and verification devices or any associated legal issues. However, it is not entirely clear how GameStop verifies or selectively verifies NFTs coming to its market. their terms of service declare that the buyer is responsible for NFT authentication, not GameStop:

You are solely responsible for conducting NFT research and for understanding the seller’s terms and conditions of a potential NFT purchase or sale prior to purchase or sale. Such research includes, but is not limited to, verifying the authenticity and veracity of the seller’s claims and NFT descriptions, such as ownership, uniqueness, intellectual property, licenses, rarity, rarity, value, and functionality. None of the GameStop Entities (defined below) endorse any NFTs or make any representations regarding authenticity, ownership, uniqueness, intellectual property, licenses, rarity, rarity, value, functionality and/or other attributes or rights thereto.

But even if a thorough check is carried out on the GameStop side, through the blockchain, IPFS file hashes can be made available on any active node on multiple servers. It’s Pandora’s box of art theft.

This may be the nature of the NFT beast, but GameStop hasn’t quite gotten off the hook here. As Ars Technique It has been revealed that you can still access unlicensed NiFTy Arcade games on GameStop servers. All you need is the correct link and you can still continue to access these NFTs. Joseph White, creator of the PICO-8 game engine on which the pixelated games that Ello appropriated for his NiFTy arcade games are based, spoke out against GameStop, stating that Ars Technique that the video game retailer does not offer any clear way to remove an NFT that infringes on the copyrights of others. He filed DMCA requests, but they seem to have stalled.

Kotaku contacted Joseph White for comment.

I think you have to be a little richer for a DMCA takedown request to have any effect; what a fair system! Maybe if I write some Metallica songs Lars Ulrich intervenes to put an end to all this nonsense.

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