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GameStop’s NFT marketplace sold games without developers' permissionThe Pico-8 games are freely available elsewhere

The Pico-8 games are freely available elsewhere

The NiFTy Arcade as it appeared on GameStop’s NFT Marketplace, via the Wayback Machine.

An NFT minter using the GameStop marketplace has admitted to minting developers' games without their consent or knowledge. The games, which are freely available on itch.io, were sold several hundred times before GameStop delisted them, and continue to exist on GameStop’s servers regardless of the wishes of the original creators.

The games, made in the (excellent, undeserving of this mess)Pico-8 engine, include Worm Nom Nom and Galactic Wars, both of which were and remainfreelyplayableon the developers' itch.io pages.

The person who minted them as NFTs, Nathan Ello, was selling them for 0.019ETH (about $23/£19) and 0.052ETH (about $63/£52) respectively. The advantage of making this purchase over playing them for free, according to Ello via Ars, was “the convenience of playing the game directly from their wallet or their own profile page on the marketplace without having to navigate to mine.” This was apparently reason enough for hundreds purchases, earning Ello a reported 8.4ETH (about $14,878/£12,270) in primary sales and 4.67ETH (about $8,271/£6,822) in secondary sales. GameStop would also have recieved marketplace and commission fees on these transactions.

Ello admitted to Ars that he minted the games without the developers' permission. At least one of the games, Worm Nom Nom, was listed under a Creative Commons license that prohibits commercial usage.

The Pico-8 game Worm Nom Nom featuring bright pink obstacles and a smaller pink square worm character.

The games were removed from GameStop’s NFT marketplace, but Ello reportedly still has the cryptocurrency he received from selling them, and bothNiftyandEllostill have active accounts on the marketplace.

The NFTs which were sold can also continue to circulate on other marketplaces as well as being accessible on GameStop’s servers via cached copies and owners' crypto wallets, regardless of the wishes of the orginal developers. Pico-8’s creator Joseph White has issued a DMCA takedown request to GameStop, but even if the directly hosted copy is deleted from their servers, it may still be accessible thanks to their usage of the Interplanetary File System standard, which hosts copies of uploaded files across several server nodes. GameStop’sown FAQsstate that if an NFT is suspended for, say, DMCA reasons or being in violation of Terms of Service, “you still have full ownership of it and it is still accessible to you.”

I could go on, butWeb3 is going greatalready reports on everything happening in the space, all with helpful tags like “art theft,” “environment,” and “Yikes.”