RCMADIAX has been a prolific publisher on the Wii U eShop, particularly in North America, releasing a range of budget titles. These games are often inexpensive, simple releases, though the developer is now planning to temporarily withdraw its most recent title - AVOIDER - due to what seems to be a potential copyright issue.
Only released on 7th January this year - we've even published our review - the game is being taken down due to the looping audio track bearing similarities to that found in "another released title". The takedown request has been sent to Nintendo of America - and not yet actioned at the time of writing - with RCMADIAX issuing the following statement.
Until now, we were unaware that the audio track provided to us was a close copy of audio in another released title - we have contacted Nintendo to pull AVOIDER from the store until we can provide them with a new version removing this track.
For those that have already purchased or are planning to purchase the game while it is still in the shop - you will receive a FREE update to the new version and you can continue to play the current version with no issues.
The composer of the track in question, @OnlyMattDesind, shared his apologies and an explanation.
RCMADIAX appears to be trying to act promptly and correctly to resolve the issue. Only time will tell how long the game will be unavailable once Nintendo processes the request; a fresh round of certification will likely be needed when a build with alternative music is submitted.
Comments 36
I don't really understand how this 'mistake' happened.
Ah, the person that provided the audio for avoider is claiming that it was a coincidence? That he had never heard the original piece of music? Apologies, I don't use Twitter so wasn't sure who wrote which of the tweets above, at first glance.
@luke88 How on Earth do you not understand? Do you think the person who gave them the loop has listened to every single loop of music in every single piece of music software on the planet?
Years back there would be no craps given.
Fear of lawsuit nowadays is incredible.
@NTELLIGENTMAN I was, and still am somewhat, unsure whether or not the person providing the music is claiming that the music they 'created' is coincidentally almost exactly the same as someone else's work.
@NTELLIGENTMAN
This.
@NTELLIGENTMAN While I see what you're saying, I think the similarities between the two were a little too much for it to be purely a coincidence.
Not interested in their games, but unless it's a carbon copy of existing music, why would they take it down? And do the devs just make new music for the game?
Wut? Let me get this straight (sorry for the possible misunderstandings).
So, this guy NES Matt made the Avoider theme out of loops and then another person claimed it was very similar to another game's theme? If yes, does anyone know what game are they referring to?
I'm guessing he used some generic presets of a random virtual instrument and just slapped them together, I don't see how could anyone make a very similar song just by coincidence.
EDIT: OMG, I just heard the original song. That's no coincidence, he just stole the freaking song. Shame on the "composer" of this game,
For the first time in my life, I have to applaud RCMADIAX.
@NTELLIGENTMAN well I'm sure that it's not really that he doesn't understand. Quite clearly it was a polite way of suggesting that the music has been ripped off, obviously, which it probably has.
@NTELLIGENTMAN Listen to BIT57
http://rytmik-retrobits.cinemax.cz/
@Freeon-Leon What was the name of the song that ripped off BIT57?
@NintendoFan64 No idea, but you can hear it in the trailer of Avoider
@Freeon-Leon Oh my God-THEY STOLE THAT SONG!
The Gaga vs Madonna controversy was closer than this.
I appreciate all of the under the radar releases that Nintendo Life reviews and sheds light on. It's a reason why this site is my favorite Nintendo based news outlet. However, some developers don't deserve the exposure they receive.
I believe that it was an accident. There are only so many combination of notes/rhythms that I'm sure that most of them are in use.
Sooo.... What's the original song from?
I think it would be wise for this "developer" to slow their roll for a while, for numerous reasons.
@Morpheel Rytmik, a DSi game. I think all the sample songs are made by the main guy of Cinemax.
At least it appears everybody is handling this in a civil manor...
Can he remove the rest of his ilk from the eShop while hes at it?
Fun game! Needs a leaderboard.
But why not just delete the music for now? Then give them an update with music when you get it.
Also as an owner of the game, don't be too hard on the guy. Maybe just don't work with him for a few games as punishment.
@RCMADIAX As much as I'm not going to buy any of your games, I appreciate that you're a reliable and honest developer. You may be making what a lot of people call "Casual games," but as long as you aren't anything like that idiot Ninja Pig, you'll have my respect.
Seriously. Who remembers the Meme Run fiasco?
@Tuosev We should be reading a review of that guys new game pretty soon.I can't remember what it was called but it released last week.
@RCMADIAX I've got a lot of respect for you for doing this. Hopefully you can get the game back up again soon.
Good on you, @RCMADIAX.
@RCMADIAX certainly no fault of yours, hope you can get the game back up quickly.
Just saw the story on Destructoid where they elaborated on which track it was (although @Freeon-Leon has since posted it), and I can confirm, owning Rytmik RetroBits, that the track in question is practically the same, but with a bit of tinkering.
The musician for Avoider probably composed it in Rytmik, and to claim ignorance is pathetic. Now, on the other hand, that isn't to say Cinemax (the company behind Rytmik) would mind if the music was altered and used in another project (I haven't read any terms regarding this), but he'd still be lying if he claimed he'd never heard it before.
Furthermore, if he was simply to have loaded up the track in Rytmik, then started composing the music using the track's loop bank, it's still highly unlikely that he would have constructed a piece that is alomst identical (minus about 10 seconds of build up) to the Rytmik track in question.
It must be said that I haven't heard the full track as it appears in the eShop game - does it deviate any further? There's nothing wrong with sampling an existing track and building on it to create something (drastically) new , but judging by the actions of the publisher, that isn't the case.
@MadAussieBloke Last update - October 19th, 2014
Well, it's a horrible looking game anyway.
This is why you make your own music loops... Or at least try to research the music banks to not to make a similar sounding track...
I see a lot of negativity to RCMADIAX on NL, the name is almost like a meme here. But seriously guys, I think he is trying his best. I saw worse games and developers than him. The tweets show that clearly.
His games are harmless if you ask me, let him do what he do and show some support. Making video games is hard after all.
@MitchVogel I can understand that, and as I said before. I had never heard the track. It was a mistake, none of the other music i have made for the other games I have worked on have had this problem. I have no need to copy, and I only offer an apology for this mistake that should have never happen.
@Freeon-Leon I'm very sorry you feel this way. I in no way would ever wish to steal anyone's work. I also have no need. Please understand that if I did mean to, i would have made life only harder for myself. Why use a track that would be so easy to recognize. I gain nothing and only risk to lose a lot that I have worked very hard to gain. I have worked with multiple devs and I would never want to hurt my relationship with any of them and I wanted to try and expand this year. This only hurts me if I ment to steal a track. I can understand how it looks and sounds. But this was a mistake by me, I should have heard the original.
@edhe https://drive.google.com/file/d/0B85A0A8Bcrj3SUtHYVJiTkJyaDQ/view?usp=docslist_api here is the full song that I made.
@MitchVogel just so it is known, I did talk to the owners of the company behind the loop app, and they are okay with the song and understand the mistake, however this is still my fault and I understand how people can be angry about this. This should have never happened. And I would be willing to write a full statement to explain how this did happen and how something like this will never happen again.
@Wiidsguy
I can't get the track to run.
But I feel I should apologise for being a bit hostile in my earlier post. I'm sure it's an artist's worst nightmare to be accused of plagiarism, and while we can all agree there are similarities in the two tracks (and despite the possibilities I hypothesised in my other post), I could equally imagine a situation where you were able to arrange the song from the loop banks, having loaded up that song in question.
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