Pirate Software allegedly makes unlawful DMCA takedown (Image via YouTube/@TheOtherFrost and @Pirate Software) — Pirate Software allegedly makes unlawful DMCA takedown (Image via YouTube/@TheOtherFrost, @Pirate Software)

Pirate Software gets called out for alleged unlawful DMCA takedown against indie game

Modified Jan 30, 2025 07:32 GMT

Twitch streamer and developer Jason "Pirate Software" has allegedly sent a false DMCA takedown notice against an indie game named Idle Streaming Bonanza. Brandon Ferrentino developed the game, and it is essentially a game that parodies popular streamers, including Mokipane (Pokimane), Asmondsilver (Asmongold), and CQX (xQc). Here's a context of the controversy:

Earlier in January, Ferrentino posted a clip of a possible new character in the game based on Pirate Software. The character seen in the game was a cockroach, accompanied by an audio clip of the streamer. The cockroach, of course, was a reference to Pirate Software's recent "roaching out" allegations in OnlyFangs, the popular hardcore World of Warcraft guild.

In response, the streamer issued a DMCA takedown of the game to Valve Corporation (the developers of Steam). Subsequently, the game was temporarily taken down from Steam. His DMCA notice can be read here:

Pirate Software's DMCA takedown notice (Image via YouTube/@TheOtherFrost)

Why is Pirate Software's DMCA takedown labeled unlawful?

Twitch streamer Pirate Software has allegedly issued a false DMCA takedown against the indie game Idle Streaming Bonanza, claiming the game used his audio without permission. However, upon closer inspection, the clip in question was not actually from the game.

In other words, the "roach" shown in the clip shared by Ferrentino was not present in the Steam version of the game but was instead from the developer's personal build. In response, Ferrentino filed a counter-notice to have his game reinstated.

Pirate Software reacted to the counter-notice during one of his recent streams, stating:

"He has filed a counterclaim against me. We are gonna take you to court. You are going to lose. You cannot use somebody's likeness or voice in any way inside a game without their permission. It's a really stupid thing to do."

(Timestamp: 03:10)

Ferrentino responded to this in a YouTube video, denying that he used Pirate Software’s voice in his game and clarifying that the clip in question was merely a concept developed on his machine and was not for public release:

"I showed one video of a possible build or concept and put it on Reddit. What's on my machine was not on Steam. There's no build of him ever on Steam."

Mario Cerame, a lawyer, has provided an update, stating that he will offer his pro bono assistance to Brandon Ferrentino in his alleged legal battle against Pirate Software.