Statement concerning Leap of Faith being removed from the Steam store (Patreon)

Well, this is by far the hardest post I've ever had to write to you guys, so I better get into it before I change my mind.

As you might have seen on other creators' Patreon posts or noticed otherwise - on Friday evening CET time, Leap of Faith was removed from the Steam store listing. The game is still available for you who bought the game.

The reason for the removal was a DMCA copyright claim concerning one of the songs used in the game, which means Steam/Valve has to remove it from the store until the matter is sorted.

What is a DMCA copyright claim?

A DMCA copyright claim is an artist or a company representing an artist stating that the specific work used in the game (in this case, music) was used without permission.

What happens when you get a DMCA copyright claim?

If you get a DMCA copyright claim, you are given only one option. And that is to contest it - claiming you had the rights to use it. Contesting it also means going through a 10-point bullet list of things to do, including agreeing to meet in court in Washington, USA if it comes to that.

So why don't you just contest the DMCA copyright claim?

Let me explain.

This is one of the countless licenses I have. They all look the same.

The problematic part is highlighted in yellow. Specifically the "Terms of Use" part. The terms of use at Artlist have changed since I originally talked to them and got the 'go-ahead' for using their material in Leap of Faith back in February 2020. And since Artlist is a subscription-based service where I pay annually for the rights to use their material, changes to the Terms of Use retroactively can change where and how I can use their material. Later additions to their Terms of Use have taken a higher stance on adult material, disallowing it from being used in 'porn games'.

As mentioned, I got the OK to use their material in Leap of Faith, even stating that it is an adult game. Unfortunately, I do not have a transcript or screenshot of that chat with Artlist customer service.

All in all, it basically means I can't contest the DMCA copyright claim. At least without ending up in court, where there are no guarantees of outcome.

So what happens now?

I have removed all the music from the game until I can double-check and verify my terms with every party involved. I am also working on replacing the music from individual composers, but it boils down to one single factor: If the game is allowed to stay on Steam or not.

If the game is allowed to stay on Steam in its now silent form, I will have the financial means to replace songs that I feel are up to the standard you are familiar with and have it all in place when chapter 8 is released.

If however the game is removed from Steam, and I have to refund every purchase, that basically means bankruptcy for me, as parts of the income were used to acquire new hardware and set up a company that would ensure I could pursue going full-time dev in time for my next game.

I will add that about 80% of the income from the game is untouched and now safely set aside for an eventual financial claim, but the remaining 20% is still a sizeable amount.

To end this, I want to tell you all that I am truly sorry for this. I always went about doing it right, and I don't own a single pirated asset in my whole 3d library. All the software I'm using is paid for. I have even willingly paid Wibble a sizeable amount for all the work he's put into helping me with basically anything I've asked him for. Including this fantastic asset which is set due for Chapter 8.

Speaking to you all as you technically are my investors that put your faith in me that I will put your money to good use, I definitely feel I have let you all down, but I will do my best to refill Leap of Faith with the music I feel is good enough for the game.

I'll keep you updated on the situation, and inform you as soon as I learn anything new. Work on the game will progress as soon as I regain a bit of strength. I'm quite drained after this weekend, but I have an animation rendering now which gives me a bit of a breather.

Have a nice day, and stay safe out there.

// Drifty