Doesn’t even matter, literally using it gives you the rights to use it from then on, the filing is for keeping other people from profiting off of it. If they were using it first then it belongs to them…period. You can’t just beat someone to the filing office and own it.
I think they honestly forgot. It happens, stupid but it happens. They can have stuff uploaded against the trademark if owner doesn't care. But in Steam you cannot name a game with a trademark you don't own so it becomes a problem.
The biggest red flag is that if this delay was actually due to the trademark dispute, they wouldn't have said anything like "we want to deliver the best possible game". They wouldn't have been able to set a specific release date as well, because there's no way to determine when the dispute will be settled. This feels like shady scapegoating. 90% sure this is vaporware
Once you spend 30 minutes researching the devs past games you’ll lose all hope for this. Im genuinely shocked they’ve managed to fool people for this long
@@HaplessOne Investors and they have been promoting their other products. The game is just a marketing scam to boost revenue for other products they have and get more investors
The game is way too good to be true. And the fact that this is a very large scale project and if you look at the previous games made by Fntastic, this is waaay too large when compared.
@@4minutesavedme It's because this game is technically not possible. I have read elsewhere from other experienced individuals in the videogame industrie, i can't tell you the source and can't promise it is 100% reliable. But what was said makes sense. This game is way too pretty to function in large scale multiplayer action. Not just in graphics but animations and all this absurd details. The reason why game games like PUBG, DAYZ or other big multiplayer games are often so devoid of such things is latency. All the data would have to be progressed to every player in vicinity. Which is *not* possible with our currents networks. It would be unplayable. If AAA are uncapable of this than The Day Before stands no chance.
@@123Juniiorr that's not really a scam though that's just a developer making the mistake of over-promising and being ignorant. I don't see any malicious intent, people just feel entitled to something and when it looks like they might not get it, they see it as getting scammed, even though they haven't lost anything or spent any money.
I think they might be just overextending themselves like developers did with No mans sky the only difference is that the publishers actually giving them time.
Some countries, most notably the United States, designate their trademarks by a “first to use” system (meaning that you have the rights to the name as soon as you start using it in commerce). However, it still makes a lot of business sense to secure your game name with trademark registration. Most other territories employ a “first to file” system. In a “first to file” country, you might run into trouble if you do not file your trademark before launching your game. Otherwise, you run the risk of a competitor filing for the exact sign that you are using as a trademark application and this could effectively stop your use.
Force Gaming and a few others have some great videos from months ago covering this, and the two dev brothers that are basically hedge fund bros. They start a game, build up hype for it, sell the rights or put out a half-baked product on Steam, then move on to the next venture. They've got some big scammer energy going on...
It's not even half cooked, it's not cooked at all, because they lacked any accessible demos, alpha, closed beta and public beta tests to keep any gamer's interests, as all those 4 steps are the only way to proof that the game is already in WIP (work in progress) status
The copyright issue and them not being able to release footage are not related. Sure they may not be able to call the footage "The Day Before" but they can still release footage of their game. They are clearly using it as an excuse. The question is why.
I have a big feeling that Fntastic are just saying there are issues with the name so that they don’t have to release the footage they had ‘planned’. Like admin says, if the Twitter and RUclips stuff is still up then it’s just sus
That’s if only there is any assets and code to purchase to work with. Any reputable studio would now see this IP as risky due to the hype and the massive individual wants and needs of an massive community and it can only end two ways really good or really bad get ya pitch forks out.
Asmongold should really watch Bellular's video on it as well. He goes into who the guy with the copyright is, and seems to be an actual legit person who has multiple copyrights of several different things.
The saddest thing is that Asmon thinks there are protections in place against patent trolls or people maliciously using the copyright and trademark system. Those are 100% used maliciously every day and it's simply a "tough shit" deal if someone beats you to something.
Facts, for example some guy when the Washington Football Team was looking for a new team name, one guy trade mark every popular name they could get there hand on.
@bipolarexpress9827 Obtaining a trademark doesn't require you to have active market use or proof of work. Trolls already copyright, patent and trademark many things for the sole purpose of using them in legal disputes. Some companies are bought and sold in the tech industry solely because of the patents they own. The only thing stopping people or businesses or trolls from trademarking everything is it being accepted or not. Plenty of people still try to copyright and trademark insanely broad things. Fortunately many are rejected. Hell, the amount of things the office rejects shows how valuable the opportunity is to people to get those trademarks and that it's worth losing the fee and time for the chance.
I'm surprised people have not put more research on the devs and their past. Everyone has lost hope in the devs for years cause of the stuff they have pulled. This is nothing new. So many issues with the game. This game was supposed to release last march sure a delay is fine 100% but on the announcement up to the march release they went completely ghost and this isnt the first time Fntastic has done this on a project either. less then a week before the original release they delayed it and nobody even knew you would've needed to look at the steam page to find out. More news came up that the devs weren't paying their workers so they lost a bunch of employees. There's so much more to the dev's past but there's not enough to type it all out. They also promised a beta and the devs were asked about it and said they couldn't finish one in time. Every project they have done they stopped supporting and gave up on.
About UE5, the explanation could be : UE5 (and 5.1) is a huge fat slug ! Shadows costs are terrible if your environment "moves" (like offset in leaves materials to simulate wind), so you have to use imposters to cast good old dead static shadows, which is a pain in ... Also, Ashes of Creation seems to use their own level streaming technology when most people will use World Partition which is still full of bugs that let you loose days, weeks of work (looses some hashed "external" data so you don't know what to restore to fix your map). And many, many, many other issues. But I still don't trust them lol.
It'd be cool if it did eventually release, it turns out to be an awesome game and it never gets monetized beyond the rrp. That would confuse the hell out of everyone.
2:31 To give them the benefit of the doubt, this is true. I have seen multiple games get delisted on accident caused by Steam and Valve themselves. 3:40 I'd like to know who this person they asked is because it is an actual known issue and they have messed up like this before. It even happened to Rockstar. 5:37 For this, I don't believe the team is based in America, right? So that could explain that.
@@judgegrinch1139 Yes, I gave two possible explanations to two strange things going on with The Day Before, and questioned the validity of some random dude who says something that definitely has happened before pretty much never happens. So clearly I'm a moderator for their Discord/a fanboy. I don't care if the game is real or fake, it doesn't look interesting to me. I haven't wishlisted it, I don't search for it, and I'm not on their Discord. The first words I said were, "To give them the benefit of the doubt" so I literally do have doubts about if that's really the reason for all of this.
Interesting seeing Asmon chime in without knowing the history of this project. "That's a little bit too convenient" Is what sums up everything that goes on at FkNTASTIC.
The best part is that already exists a case like this with Prey of the Gods, Bethesda had an issue with the name and the developers of the indie games changed it to Praey of the Gods
Trademark issue's are really tricky. Especially when two trademarks are waiting for approval at the same time. People submit them at the same time in hopes the other entity will be denied, because it actually very common that submissions get denied at first. Don't know if it's a scam, or not.
They can be but in this case the company released the gameplay 5 months before the other party filed, they had plenty of time to do it beforehand which they didn’t, so theoretically there was no issue outside the one they created after that.
Motivation for lying: faked game trailer to gauge player/investor interest before starting production( they have a history of abandoning games and if the game didn’t have interest, they could just abandon it before starting production saving time and money). When the game got hype they actually started working on it and are lying to stall for time and to act as if the game had been in production the whole time. It’s lying to cover up a lie, digging a deeper hole not necessarily to scam money.
I remember when I first saw gameplay for this game and I was so excited. I then did research in to the studio behind it and how they’re building the game (volunteers etc) and my interest immediately evaporated. I’d bet money on this game never coming out and even if by some miracle it did, it won’t be a shadow of the teased game and will be abandoned by the developers immediately after launch.
This is the truth right here. Just like their previous games. I have doubts that a game releases at all, if it does it won’t be anything like these videos.
That name issue happened with No Man's Sky when they got into a lawsuit with Sky TV who fought with them over the use of "sky" in the game's name. So its always a possiblity.
@Larsman well all your what ifs have been proven wrong because all their employees are volunteers. If it seems too good to be true, it usually is. Can nobody just follow their intuition?
That’s not copyright and trademarks work. You own the name when it’s seen as a original work. When you file and apply for a trademark, you are making a public statement of claiming it. If you can prove your original creation is older than whatever someone else creates after you. You still win.
No one addressing the companies history. They released an early access game before and dropped it after 3 months and they stop supporting everything they release. The scam is that they’re gonna release a completely broken game and drop support after and rake in all the money from early buyers. In November he’ll be releasing a video taking about how it really was a scam all along 😂
what's happenning is that the devs are trapped in the studio, and there is a small zombie appocalypse turning them into zombies one by one while trying to release the game, there is now 3 survivor locked inside a room with 1 pc to complete it.
Remember WarZ? A PC game that tried to surf on DayZ's hype. This story looks so similar ...they promised a bunch of things that was way out the Studio ability and budget scope and released a forever broken game that they just couldn't handle. Devs continued to postpone things and releasing unfinished updates. After some time, they just gave up. Looks like A Day Before will have a similar fate.
@@TheAdypoker The game was set to release on steam, steam is located in the US Therefore they have to abide by US copyright/trademark laws in order to put it on there. If it even is a game, but Im still neutral on if its a scam.
People keep saying "They didn't take any money from anyone so it's not a scam" but they dont realize that these devs have subtly promoted their app during the marketing of this game, AND their last game. Like the movie Django unchained. They acted like they were going to purchase a mandingo fighter and subtly wanted to purchase djangos wife (the real reason they were there) as just an "after thought" on top of the big business. They were planning on leaving with djangos wife without any real intention on buying the fighter. THATS the scam.
@@curlyhairedgamer I didn't even know that there was a list that showed what is most wishlisted game. I just use the main storefront of Steam, not some deep internet statistics.
@@Trakesh i mean on top of that there have been huge channels posting about this since 2021. If u actually follow gaming news even somewhat, u know about this game.
was really, really looking forward to this game. they've delayed it way too much for my liking. pretty sure by the time it actually comes out there will be a higher quality version of this same type of game released already.
There is actually such an international lay for IP's and trademarks. If you hold an IP/trademark but have no intention of using it (which is decided by whether you actually use it in a set period of time, i think 10 years) then you lose ownership over that IP/trademark.
They have boosted company value by teasing a much in demand product only to use the public interest to promote their real products. They may not be taking cash from people but are actively engaged in deception as their key business model. Even if the game ever gets released, the company has shown themselves to be completely incapable of supporting such a project in the future.
the whole trademark dispute is BS why would you delay a game you are making instead of just changing the name ? how dumb would you have to be to legally fight a trademark instead of calling it anything else The week before, the year before, the hours before come on not that fucking hard to change the name and continue.
rather than "the game is fake the devs are malicious evil monsters" I think it's simply a matter of incompetence. They set their expectations too high and promised too many things, and now they're scrambling to try and achieve a semblance of a good game
@@klunk11 luckily a friend of mine told me that, I thought I become insane cause I saw the yt videos al the time but saw that he was always offlien on his main
@@klunk11 oh ya I found that on his 2nd twitch account I’m be aware cuz dude last time I saw him live was 10 days ago on his official twitch with 20-30k views
actually by law tradmarks are valid even if not registered. this means if you can prove that consumers recognized the trademark as representing your product before the other company/person tried to register it then you may not be forced to change your products name.
You would think there's protection against copyright sitters but the existence of Harmony Gold and everything that's happened regarding the Macross series for 30 years proves there isn't.
Of course this game is. They stall development for 9 months for a trademark dispute? Lmfao nah bruh your game is barely developed that’s why you stall the bs
All they’ve made is dead bad indie games. Now they’re tyrna do some division/DayZ open world shit. Analyze the game play footage it’s obvious it’s not only scripted but not even open world
US trademark law doesn't care who filed first. It cares who can established first "use in commerce." To put it simply, if you were the first to display or advertise a specific category of product or service under a name AND to sell that product or service with that name your claim to trademark has more standing that someone who filed for that trademark first but was not the first to meet both of those factors.
I don't know why you don't just play The Division 2 if you are expecting this game. It's genuinely a fun game with many hours worth of content. This looks even worse than a game that already exists.
In my country, I doubt you could even slap copyright on such a common words combination. It's like if I tried to copyright "stray sheep" or "how are you?". A movie and a book called "stray sheep" can coexist, if you're a movie director and your claim is that the book is hurting you, the burden of proof is on you to prove how.
Ok so. The boy band One Direction was ran by Simon Cowell in the UK. There was already a band here in California (that I personally know and worked with, so I'm not making this up lol) that got the trademark for One Direction before Simon Cowell did. What happened is Simon Cowell already had taken over a country or two with his bands music and they were able to take the trademark out of my smaller bands hands in Caliofrnia- because he was already making things on a big level happen with it. If this game just comes out with this title I'm sure they can do the same.
So a bit of context here. I am a The Division fan and remember this whole thing happening a bit while ago when Outriders came out as well. A lot of this "hype" that Fntastic created was around attacking Massive/Ubisoft (with Outriders as well) in a passive way through advertisement. Lt. Buzz Litebeer is actually one of the major Division content creators (or was) and including others such as Nothinbutskillz, Patrick Wolf and Epic Slayer were talking about this game and what could actually offer over of the lack of attention and abandonment that Ubisoft - not Massive - demonstrated toward The Division franchise. This was the prefect ride for them to properly advertise their game and gain a lot of followers since you can see that most of the playstyle and lots of assets come from The Division. I asume they didn't expect so much people paying attention to them as probably it would be another zombie shitty game. However all the eyes from the community made them feel the true preasure behind this in a way that thewy don't know what to do anymore. There is even a video where WHOLF (the mod that sends this message out) actually mentions something like he is also now uncertain that the game even exists since none of them where shown the gameplay footage. A few days later the throw out this awful gameplay trailer which tries to remove the attention of WHOLF statement as it seems it propably will be just another crappy game with tons of promises broken. cheers fam!
My best guess is the studio had someone file the copyright because the game isn't done and most likely won't be. So the copyright buys them more time to solve problems with the game or get more funding for it. Over say cancelling it entirely. Cheap tactics to say the least.
Copyright and trademark are different things. Copyright has to do with the creation of creative material while trademark refers to the name and marks an entity uses. The purpose of trademark is to avoid confusion for consumers. If the identical trademark is not being utilized, is operating in a different geographical region, or is in a different product category then they may be able to also register the trademark or can successfully challenge it in court.
Their not applying for the trademark sooner is really not that strange small companies do this all the time because the truth is you don't need to apply for a copywrite per say. There's an implied ownership that goes with creating new works. meaning if you own and make something, it is yours without the need of filing a formal copywrite however. If someone does apply for a copywrite for it that is not you. Its your job to challenge it within a reasonable amount of time, if you don't you forfeit it.
29:30 FTX was not a publicly traded company. It was privately held funded with private investment. They did leverage customer assets, but it was not a public company.
From all we have seen from the devs are small clips that might just have been "placeholders" in their coordination Teams looking app video. And considering their record of abandoning projects, I don't have high hopes for the "game" if it even exists at all, even their own "staff" don't even know if it exists at all.
Watching this after the fact is even funnier. They tried to benefit off the name and association with Days Gone which was an amazing open world zombie shooter rpg.
i think the owner of the name just claimed about steam because steam is where you directly make money off the name etc. but it is weird they wanna show gameplay only on steam, and not other platforms. i guess they realized the name issue, and decide to halt all process. maybe they aren’t sure to keep the name due to owner is asking for too much money, and the footage is watermarked with that name, and thinking they might have to change it so the footage release is getting delayed.
To my knowledge, When you have an TradeMark Dispute you do not need to remove all, if you have proof that you have been with this trademark early. What can happens is that the owner in law send the request to do or they have been told to do something like that by an lawyer. Each case can be different, but i still do not trust in this game.
Weirdest thing about the situation is that most shit points to it being a scam but at the same time they haven’t taken any money from pre orders or donations or anything, so maybe they announced it and had nothing concrete at all at the time, just trying to get people to check them out because they knew people would drool over it but they really had no intention of making the game and now that it’s #1 on steam wishlist and people talk about it constantly they were like “oh fuck” .. kinda like promising some shit but knowing you can’t keep that promise but you’re riding it out til ship sinks
At this point they should just call it a walking simulator and sell it as is, bugs, incomplete levels, places where you can fall thru the map, missing features, no story, etc. It looks like you can walk or run a character through some environments, and that might be good enough for most people.
Bro, all you need to do is watch the very first "gameplay" they showed to see the game is completely fake. They showed a prerendered video with fake-a** camera movement and scripted moments and added random 'F key' propmts to pretend like it's gameplay. The motion of the characters and the camera was smoother than anything you can do with a controller, let alone keyboard and mouse.
Trademark can absolutely be retroactive. Case in point, the expansion to the original owner game called cataclysm. Blizzard somehow trademarked it and then when the rebate came out they could not call in cataclysm.
I am not a lawyer, but I thought trademarks are for "First-to-Use" regardless of who filed for the trademark first. As long as its established that "The Day Before" is a game by Fantastic and they have been using that name before whoever registered for that trademark they can claim it back. I feel this is a fuss over nothing.
I'm not too familiar with US Trademark system and all, but going through the pages on TESS, you realize the TM was filled late 2021 by that korean guy, then filled for opposition in August 2022, for the TM to get registered on November 1st, while Fntastic was filled on January 27th 2022, with no registration date at all. Isn't that like the registered TM will be active for at least a year before anything can be done ? That would make sense with the November announce, wouldn't it ? Once again, I'm not familiar with all this at all, just curious and interested in knowing the ins and outs.
I dont think this game is fake, i just think the game isnt completed. They obviously have made a game and are using this as a way to delay it even more. It would cost so much money to fake the screenshots and gameplay, they obviously have a game but it isnt finished. If there wasnt a game then they would lose money and there would be no reason to do it in the first place. Nvidia is also on board with the game, they had to of played the game in order to know the insides of it, its not like they just give out the Nvidia brand to anyone. Anyways i think this game has potential but i think the devs behind it are not professional at all and don't know how to run a game correctly so i have so many doubts about the game. We will have to wait and see i guess.
I also think this could be a whole marketing stunt, that they didnt think about clearly. The games reputation right now is at its lowest because of this "stunt". No one will buy this game or at least be very skeptical when buying now. I think the game was meant to be delayed and they are using this as free advertisement. Look at how many people are making articles and videos about the game now.
what that video didn`t say was that Wholf the guy who posts all there twitter stuff came out saying he has not seen ANY footage of the game play they was suppse to release. something is not with with this game.
Decided to watch this video(absolutely bored during work). Decided to then waste even more of my time searching the trademark to go down a deeper rabbit hole of the devs actually filing the trademark today as of 1/27/23.... This has now turned into a Pepe Silvia situation for something I couldn't care less about and will help me in no possible way............ Happy Friday
Honestly what could really be happening, which makes more sense than anything else, is that the game really hasn't been anywhere near ready which is why they keep delaying it, but they don't want to just straight up say that for some reason, so they keep getting really close and then slamming an excuse with a huge delay and they're gonna keep doing that until its ready. They are only a small dev team that have never had a successful game or even one of this size so they clearly don't really know what they're doing and don't have experience with the fans. I don't think this is a scam or fake, the trailers are clearly scripted but i think they are more of what they want to make but are no where near to finishing it. At this point what would be best for them is if they kinda just say "Where not gonna hype anything up or show anything else, the game will be ready when its ready" and just go radio silence until they actually have a solid game ready to release. However, even if it does release, i don't think for a second it will be anywhere near as good as people hope it to be, games like this never are, and with how poor this is all going so far i don't think its wrong to assume the game will be just as poor, i mean we literally still after 4 years know absolutely nothing about the game, only how it looks. Or maybe this will be a fucking miracle and become game of the decade, who knows. Just gotta wait for November 10th! Or a 4th year long delay...
Mytona allowing the tweet is basically them backing up the team that no one should worry because mytona is watching us, both in making sure we get a good game out and by having our backs as a more well known company
plenty of investors go into blind because of FOMO, see theranos, bernie madoff, etc etc. Jim cramer sided with SBF and Elizabeth holmes. so having legitimate investors buckling down into FOMO is not a argument if something is not a scam. It may not be a scam, it may be, my point is having "investors" is not a defense for it not being a scam
Trademarks like copyrights can be fought as it would be considered "previous art" and simple court case to do so. If it was a pure troll to get money out of them there shouldn't be much backing up their case.
Sounds like they should have applied for trademark _the day before_ the announcement.
Clap
Doesn’t even matter, literally using it gives you the rights to use it from then on, the filing is for keeping other people from profiting off of it. If they were using it first then it belongs to them…period. You can’t just beat someone to the filing office and own it.
I think they honestly forgot. It happens, stupid but it happens. They can have stuff uploaded against the trademark if owner doesn't care. But in Steam you cannot name a game with a trademark you don't own so it becomes a problem.
That's a good one! :D
But in all seriousness though, that's a big fuck-up
This aged well 💀
The biggest red flag is that if this delay was actually due to the trademark dispute, they wouldn't have said anything like "we want to deliver the best possible game". They wouldn't have been able to set a specific release date as well, because there's no way to determine when the dispute will be settled. This feels like shady scapegoating. 90% sure this is vaporware
Thanks for taking a look at the video.
EDIT 12/23 - it looks like I was right about TDB. Go figure...
Been watching you since div1 days buzz good to see you pop up like this
Funny username. I prefer dark beer though :P
Liking and replying to push this up the algorithm.
Once you spend 30 minutes researching the devs past games you’ll lose all hope for this. Im genuinely shocked they’ve managed to fool people for this long
People are gullible, normies follow other normies and then the snowball effect goes into effect.
That's why we need to temper our expectations.
Have they raised money or something? If they haven't gotten anyone's money who cares if they trolled for years
@@HaplessOne investors and sponsors and promoting their other shit.
I'm pretty sure everyone knows this game is fake, but they still hold out hope for it being real
@@HaplessOne Investors and they have been promoting their other products. The game is just a marketing scam to boost revenue for other products they have and get more investors
They should just rename the game "The Months After" at this point
Delayed before is more like it XD
The game just looks like Tom clancy’s the division
the years after
The day prior 😂
Or "The lawsuit after"
The game is way too good to be true. And the fact that this is a very large scale project and if you look at the previous games made by Fntastic, this is waaay too large when compared.
Yea not even AAA studios could pull a game like this off
Too good to be true? HOW??? It looks generic as fuck.
@@4minutesavedme It's because this game is technically not possible. I have read elsewhere from other experienced individuals in the videogame industrie, i can't tell you the source and can't promise it is 100% reliable. But what was said makes sense. This game is way too pretty to function in large scale multiplayer action. Not just in graphics but animations and all this absurd details. The reason why game games like PUBG, DAYZ or other big multiplayer games are often so devoid of such things is latency. All the data would have to be progressed to every player in vicinity. Which is *not* possible with our currents networks. It would be unplayable. If AAA are uncapable of this than The Day Before stands no chance.
@Pierre THIAULT it looked better than callisto protocol and tge game had a 200 million dollar budget
@@123Juniiorr that's not really a scam though that's just a developer making the mistake of over-promising and being ignorant. I don't see any malicious intent, people just feel entitled to something and when it looks like they might not get it, they see it as getting scammed, even though they haven't lost anything or spent any money.
Devs: fake it till you make it
💀
These devs more like: fake it
How did anyone even get fooled by this? The very first "gameplay" footage they showed was painfully obviously pre-rendered
Not only did some people fall for this, they defended it to the point that they were shit talking anyone who had doubts.
@@davidreiser9663 believers
I think they might be just overextending themselves like developers did with No mans sky the only difference is that the publishers actually giving them time.
To be fair rendered gameplay is nothing new. Many big, established studios have done this in the past and still to this day.
@@CaesarOfCitrus remember Rainbow six Siege reveal? 😃 (helicopter, roof , night)
Some countries, most notably the United States, designate their trademarks by a “first to use” system (meaning that you have the rights to the name as soon as you start using it in commerce). However, it still makes a lot of business sense to secure your game name with trademark registration.
Most other territories employ a “first to file” system. In a “first to file” country, you might run into trouble if you do not file your trademark before launching your game. Otherwise, you run the risk of a competitor filing for the exact sign that you are using as a trademark application and this could effectively stop your use.
Force Gaming and a few others have some great videos from months ago covering this, and the two dev brothers that are basically hedge fund bros. They start a game, build up hype for it, sell the rights or put out a half-baked product on Steam, then move on to the next venture. They've got some big scammer energy going on...
It's not even half cooked, it's not cooked at all, because they lacked any accessible demos, alpha, closed beta and public beta tests to keep any gamer's interests, as all those 4 steps are the only way to proof that the game is already in WIP (work in progress) status
This company is like the one kid in class who always has an excuse for his homework being late
The copyright issue and them not being able to release footage are not related. Sure they may not be able to call the footage "The Day Before" but they can still release footage of their game.
They are clearly using it as an excuse. The question is why.
I have a big feeling that Fntastic are just saying there are issues with the name so that they don’t have to release the footage they had ‘planned’. Like admin says, if the Twitter and RUclips stuff is still up then it’s just sus
It is actually an issue but the guy that bought the name trademark was 5 years ago.
I'm always surprised hiw well asmongolds brain works he's basically made up of Dr pepper chicken nuggets and little Debby snacks.
I think about that too. Imagine he ate clean lol
He has little stress in his life
@Larsman feels like it. Of course I don't know him
@@Sephiroso. shiieeeeeet
@@Sephiroso. but hes also a millionaire. he could just leave and go live in thailand like a king and marry a 18yr old young wife to bang every day.
I just hope an actual reputable studio sees just how much people wanted this game and it’s in development now.
That’s if only there is any assets and code to purchase to work with. Any reputable studio would now see this IP as risky due to the hype and the massive individual wants and needs of an massive community and it can only end two ways really good or really bad get ya pitch forks out.
LOL YEAH RIGHT. Let’s be honest, the game looks just like the Division.
They'd be better off modding ghost recon, bc it's essentially the same thing
@@user-dj9iu2et3r …I liked the Division and the last of us so this game ticked a lot of boxes for me!
Asmongold should really watch Bellular's video on it as well. He goes into who the guy with the copyright is, and seems to be an actual legit person who has multiple copyrights of several different things.
yeah happened to me as well, had to change my game's name because microsoft has a trademark for the word "wasteland" :D
You make it sound like this guy is just copyrighting random things which would not be legit
As a division fan its good to see Lite beer hit gold. I dont follow him closely, but hes a go to when I watch Division stuff.
@Skrittles ok
The saddest thing is that Asmon thinks there are protections in place against patent trolls or people maliciously using the copyright and trademark system. Those are 100% used maliciously every day and it's simply a "tough shit" deal if someone beats you to something.
Facts, for example some guy when the Washington Football Team was looking for a new team name, one guy trade mark every popular name they could get there hand on.
@bipolarexpress9827 Obtaining a trademark doesn't require you to have active market use or proof of work. Trolls already copyright, patent and trademark many things for the sole purpose of using them in legal disputes. Some companies are bought and sold in the tech industry solely because of the patents they own.
The only thing stopping people or businesses or trolls from trademarking everything is it being accepted or not. Plenty of people still try to copyright and trademark insanely broad things. Fortunately many are rejected. Hell, the amount of things the office rejects shows how valuable the opportunity is to people to get those trademarks and that it's worth losing the fee and time for the chance.
@@bipolarexpress9827 Read a book, please.
I'm surprised people have not put more research on the devs and their past. Everyone has lost hope in the devs for years cause of the stuff they have pulled. This is nothing new. So many issues with the game. This game was supposed to release last march sure a delay is fine 100% but on the announcement up to the march release they went completely ghost and this isnt the first time Fntastic has done this on a project either. less then a week before the original release they delayed it and nobody even knew you would've needed to look at the steam page to find out. More news came up that the devs weren't paying their workers so they lost a bunch of employees. There's so much more to the dev's past but there's not enough to type it all out. They also promised a beta and the devs were asked about it and said they couldn't finish one in time. Every project they have done they stopped supporting and gave up on.
Guys it's in the title they didn't call it the day before because of the plot they're letting you know what date they started working on the coding.
About UE5, the explanation could be : UE5 (and 5.1) is a huge fat slug ! Shadows costs are terrible if your environment "moves" (like offset in leaves materials to simulate wind), so you have to use imposters to cast good old dead static shadows, which is a pain in ... Also, Ashes of Creation seems to use their own level streaming technology when most people will use World Partition which is still full of bugs that let you loose days, weeks of work (looses some hashed "external" data so you don't know what to restore to fix your map). And many, many, many other issues.
But I still don't trust them lol.
It'd be cool if it did eventually release, it turns out to be an awesome game and it never gets monetized beyond the rrp.
That would confuse the hell out of everyone.
We can all dream
2:31 To give them the benefit of the doubt, this is true. I have seen multiple games get delisted on accident caused by Steam and Valve themselves.
3:40 I'd like to know who this person they asked is because it is an actual known issue and they have messed up like this before. It even happened to Rockstar.
5:37 For this, I don't believe the team is based in America, right? So that could explain that.
How much do they pay discord moderators to comment on RUclips channels?
@@judgegrinch1139 Yes, I gave two possible explanations to two strange things going on with The Day Before, and questioned the validity of some random dude who says something that definitely has happened before pretty much never happens. So clearly I'm a moderator for their Discord/a fanboy.
I don't care if the game is real or fake, it doesn't look interesting to me. I haven't wishlisted it, I don't search for it, and I'm not on their Discord. The first words I said were, "To give them the benefit of the doubt" so I literally do have doubts about if that's really the reason for all of this.
@@DCGMatthew1 you really got up in arms for someone who don’t care too much
Interesting seeing Asmon chime in without knowing the history of this project.
"That's a little bit too convenient" Is what sums up everything that goes on at FkNTASTIC.
The best part is that already exists a case like this with Prey of the Gods, Bethesda had an issue with the name and the developers of the indie games changed it to Praey of the Gods
Trademark issue's are really tricky. Especially when two trademarks are waiting for approval at the same time. People submit them at the same time in hopes the other entity will be denied, because it actually very common that submissions get denied at first. Don't know if it's a scam, or not.
They can be but in this case the company released the gameplay 5 months before the other party filed, they had plenty of time to do it beforehand which they didn’t, so theoretically there was no issue outside the one they created after that.
Motivation for lying: faked game trailer to gauge player/investor interest before starting production( they have a history of abandoning games and if the game didn’t have interest, they could just abandon it before starting production saving time and money). When the game got hype they actually started working on it and are lying to stall for time and to act as if the game had been in production the whole time. It’s lying to cover up a lie, digging a deeper hole not necessarily to scam money.
I remember when I first saw gameplay for this game and I was so excited. I then did research in to the studio behind it and how they’re building the game (volunteers etc) and my interest immediately evaporated. I’d bet money on this game never coming out and even if by some miracle it did, it won’t be a shadow of the teased game and will be abandoned by the developers immediately after launch.
This is the truth right here. Just like their previous games. I have doubts that a game releases at all, if it does it won’t be anything like these videos.
On the money
That name issue happened with No Man's Sky when they got into a lawsuit with Sky TV who fought with them over the use of "sky" in the game's name. So its always a possiblity.
no way anyone believed this was possible with the devs having a weak gaming experience prior!
@Larsman well all your what ifs have been proven wrong because all their employees are volunteers. If it seems too good to be true, it usually is. Can nobody just follow their intuition?
@@curlyhairedgamer we have people arguing that men can have babies now. People are dumb as hell.
That’s not copyright and trademarks work. You own the name when it’s seen as a original work. When you file and apply for a trademark, you are making a public statement of claiming it. If you can prove your original creation is older than whatever someone else creates after you. You still win.
No one addressing the companies history. They released an early access game before and dropped it after 3 months and they stop supporting everything they release. The scam is that they’re gonna release a completely broken game and drop support after and rake in all the money from early buyers. In November he’ll be releasing a video taking about how it really was a scam all along 😂
what's happenning is that the devs are trapped in the studio, and there is a small zombie appocalypse turning them into zombies one by one while trying to release the game, there is now 3 survivor locked inside a room with 1 pc to complete it.
Idk what caused my insomnia to trigger and wake me up at 2 am, but I'm here and I'm not going to complain.
Remember WarZ? A PC game that tried to surf on DayZ's hype. This story looks so similar ...they promised a bunch of things that was way out the Studio ability and budget scope and released a forever broken game that they just couldn't handle. Devs continued to postpone things and releasing unfinished updates. After some time, they just gave up.
Looks like A Day Before will have a similar fate.
To be fair about the trademark thing, it kinda seems like they thought you couldn't file until you were about to publish the game
@@AnnaVictrix Dude, do you even know where they're based?
So they were dumb to begin with
@@TheAdypoker The game was set to release on steam, steam is located in the US
Therefore they have to abide by US copyright/trademark laws in order to put it on there.
If it even is a game, but Im still neutral on if its a scam.
People keep saying "They didn't take any money from anyone so it's not a scam" but they dont realize that these devs have subtly promoted their app during the marketing of this game, AND their last game. Like the movie Django unchained. They acted like they were going to purchase a mandingo fighter and subtly wanted to purchase djangos wife (the real reason they were there) as just an "after thought" on top of the big business. They were planning on leaving with djangos wife without any real intention on buying the fighter. THATS the scam.
I've literally never heard of this game.
go to website from my banner
U livin under a rock? Its been the most wishlisted game on steam for a while now
@@curlyhairedgamer
I didn't even know that there was a list that showed what is most wishlisted game. I just use the main storefront of Steam, not some deep internet statistics.
@@Trakesh i mean on top of that there have been huge channels posting about this since 2021. If u actually follow gaming news even somewhat, u know about this game.
@@curlyhairedgamer
What does "follow actual gaming news" mean? Going to IGN? No I don't do that.
was really, really looking forward to this game. they've delayed it way too much for my liking. pretty sure by the time it actually comes out there will be a higher quality version of this same type of game released already.
Trust me they won't be anytime soon , to make a game with this "standard" with the current technology is not possible
There is actually such an international lay for IP's and trademarks. If you hold an IP/trademark but have no intention of using it (which is decided by whether you actually use it in a set period of time, i think 10 years) then you lose ownership over that IP/trademark.
Yeah they done this before deleting all the evidence on the mess they made from their previous titles!
They have boosted company value by teasing a much in demand product only to use the public interest to promote their real products. They may not be taking cash from people but are actively engaged in deception as their key business model. Even if the game ever gets released, the company has shown themselves to be completely incapable of supporting such a project in the future.
Yes! Glad Buzz is getting noticed. Love his content.
Thank you.
the whole trademark dispute is BS why would you delay a game you are making instead of just changing the name ? how dumb would you have to be to legally fight a trademark instead of calling it anything else The week before, the year before, the hours before come on not that fucking hard to change the name and continue.
rather than "the game is fake the devs are malicious evil monsters" I think it's simply a matter of incompetence. They set their expectations too high and promised too many things, and now they're scrambling to try and achieve a semblance of a good game
Well theyve still never shown actual gameplay. They know what they’re doing
"Can you think of a name for this fake copyright to delay this thing further?"
"Uh, I got something."
*Sui Mi*
When you go live ? I rarely see u live hope to see you on twitch :) also good video
He has a second channel called zack he streams there as well if this helps
Been live every day for the last week.
@@klunk11 luckily a friend of mine told me that, I thought I become insane cause I saw the yt videos al the time but saw that he was always offlien on his main
@@klunk11 oh ya I found that on his 2nd twitch account I’m be aware cuz dude last time I saw him live was 10 days ago on his official twitch with 20-30k views
@@hallow6763 facts BRO I’m so glad I’m not the only one
thank god they said patients is a key instead of a virtue. i hate it when people think its a gift everybody has.
Thats more sus then everquest next was
Hey you could actually play the beta for that game at least
actually by law tradmarks are valid even if not registered. this means if you can prove that consumers recognized the trademark as representing your product before the other company/person tried to register it then you may not be forced to change your products name.
Side note: LtBuzzLiteBeer always had amazing & in-depth Division content. One of the goto dudes in the community.
You would think there's protection against copyright sitters but the existence of Harmony Gold and everything that's happened regarding the Macross series for 30 years proves there isn't.
I mean we will see PepeLaugh
One thing good came out of this. 2:20 I see a game that looks interesting to put on my wish list.
Of course this game is. They stall development for 9 months for a trademark dispute? Lmfao nah bruh your game is barely developed that’s why you stall the bs
All they’ve made is dead bad indie games. Now they’re tyrna do some division/DayZ open world shit.
Analyze the game play footage it’s obvious it’s not only scripted but not even open world
@@Arcademan09 no shot you are still coping this hard
US trademark law doesn't care who filed first. It cares who can established first "use in commerce." To put it simply, if you were the first to display or advertise a specific category of product or service under a name AND to sell that product or service with that name your claim to trademark has more standing that someone who filed for that trademark first but was not the first to meet both of those factors.
Finally, a performance not even sergey titov could pull off.
I don't know why you don't just play The Division 2 if you are expecting this game. It's genuinely a fun game with many hours worth of content. This looks even worse than a game that already exists.
Did not age well.
In my country, I doubt you could even slap copyright on such a common words combination. It's like if I tried to copyright "stray sheep" or "how are you?". A movie and a book called "stray sheep" can coexist, if you're a movie director and your claim is that the book is hurting you, the burden of proof is on you to prove how.
can't help but think it's fake tbh
Ok so. The boy band One Direction was ran by Simon Cowell in the UK. There was already a band here in California (that I personally know and worked with, so I'm not making this up lol) that got the trademark for One Direction before Simon Cowell did. What happened is Simon Cowell already had taken over a country or two with his bands music and they were able to take the trademark out of my smaller bands hands in Caliofrnia- because he was already making things on a big level happen with it. If this game just comes out with this title I'm sure they can do the same.
Dear whoever uploads for asmons channel. Thank you for taking people who work the nightshift into consideration and going very late/very early uploads
So a bit of context here. I am a The Division fan and remember this whole thing happening a bit while ago when Outriders came out as well. A lot of this "hype" that Fntastic created was around attacking Massive/Ubisoft (with Outriders as well) in a passive way through advertisement. Lt. Buzz Litebeer is actually one of the major Division content creators (or was) and including others such as Nothinbutskillz, Patrick Wolf and Epic Slayer were talking about this game and what could actually offer over of the lack of attention and abandonment that Ubisoft - not Massive - demonstrated toward The Division franchise.
This was the prefect ride for them to properly advertise their game and gain a lot of followers since you can see that most of the playstyle and lots of assets come from The Division. I asume they didn't expect so much people paying attention to them as probably it would be another zombie shitty game. However all the eyes from the community made them feel the true preasure behind this in a way that thewy don't know what to do anymore.
There is even a video where WHOLF (the mod that sends this message out) actually mentions something like he is also now uncertain that the game even exists since none of them where shown the gameplay footage.
A few days later the throw out this awful gameplay trailer which tries to remove the attention of WHOLF statement as it seems it propably will be just another crappy game with tons of promises broken.
cheers fam!
Asmon is a national treasure, we must protect this man
From what? Himself?
His steak, so yes.
Been saying this. Asmon for pres!
The simp energy is strong in this one.
My best guess is the studio had someone file the copyright because the game isn't done and most likely won't be. So the copyright buys them more time to solve problems with the game or get more funding for it. Over say cancelling it entirely. Cheap tactics to say the least.
Releases in 1 day
And it is dead
Copyright and trademark are different things. Copyright has to do with the creation of creative material while trademark refers to the name and marks an entity uses. The purpose of trademark is to avoid confusion for consumers. If the identical trademark is not being utilized, is operating in a different geographical region, or is in a different product category then they may be able to also register the trademark or can successfully challenge it in court.
Their not applying for the trademark sooner is really not that strange small companies do this all the time because the truth is you don't need to apply for a copywrite per say. There's an implied ownership that goes with creating new works. meaning if you own and make something, it is yours without the need of filing a formal copywrite however. If someone does apply for a copywrite for it that is not you. Its your job to challenge it within a reasonable amount of time, if you don't you forfeit it.
Wait… Isnt Tsun-Lee a famous pirater? His name was everywhere on piratebay years ago
29:30 FTX was not a publicly traded company. It was privately held funded with private investment. They did leverage customer assets, but it was not a public company.
From all we have seen from the devs are small clips that might just have been "placeholders" in their coordination Teams looking app video. And considering their record of abandoning projects, I don't have high hopes for the "game" if it even exists at all, even their own "staff" don't even know if it exists at all.
Watching this after the fact is even funnier. They tried to benefit off the name and association with Days Gone which was an amazing open world zombie shooter rpg.
i think the owner of the name just claimed about steam because steam is where you directly make money off the name etc. but it is weird they wanna show gameplay only on steam, and not other platforms. i guess they realized the name issue, and decide to halt all process. maybe they aren’t sure to keep the name due to owner is asking for too much money, and the footage is watermarked with that name, and thinking they might have to change it so the footage release is getting delayed.
The part where you showed the video of the phone ringing had me chuckling
To my knowledge, When you have an TradeMark Dispute you do not need to remove all, if you have proof that you have been with this trademark early. What can happens is that the owner in law send the request to do or they have been told to do something like that by an lawyer. Each case can be different, but i still do not trust in this game.
Weirdest thing about the situation is that most shit points to it being a scam but at the same time they haven’t taken any money from pre orders or donations or anything, so maybe they announced it and had nothing concrete at all at the time, just trying to get people to check them out because they knew people would drool over it but they really had no intention of making the game and now that it’s #1 on steam wishlist and people talk about it constantly they were like “oh fuck” .. kinda like promising some shit but knowing you can’t keep that promise but you’re riding it out til ship sinks
Yup,a lot of people toss around the word "scam," that it's lost its meaning. People don't even know the definition of what a scam is.
They scammed investors money.
At this point they should just call it a walking simulator and sell it as is, bugs, incomplete levels, places where you can fall thru the map, missing features, no story, etc.
It looks like you can walk or run a character through some environments, and that might be good enough for most people.
Bro, all you need to do is watch the very first "gameplay" they showed to see the game is completely fake. They showed a prerendered video with fake-a** camera movement and scripted moments and added random 'F key' propmts to pretend like it's gameplay. The motion of the characters and the camera was smoother than anything you can do with a controller, let alone keyboard and mouse.
Trademark can absolutely be retroactive. Case in point, the expansion to the original owner game called cataclysm. Blizzard somehow trademarked it and then when the rebate came out they could not call in cataclysm.
In hindsight I always was suspicious of how good the screenshots and clips of the game i'd seen were, like NO game looks that good, ever.
Especially if you look at their other games, there's no way this team has the resources to make anything that looks half as good as this.
I am not a lawyer, but I thought trademarks are for "First-to-Use" regardless of who filed for the trademark first. As long as its established that "The Day Before" is a game by Fantastic and they have been using that name before whoever registered for that trademark they can claim it back. I feel this is a fuss over nothing.
The denial settling in his face got me
I'm not too familiar with US Trademark system and all, but going through the pages on TESS, you realize the TM was filled late 2021 by that korean guy, then filled for opposition in August 2022, for the TM to get registered on November 1st, while Fntastic was filled on January 27th 2022, with no registration date at all. Isn't that like the registered TM will be active for at least a year before anything can be done ? That would make sense with the November announce, wouldn't it ? Once again, I'm not familiar with all this at all, just curious and interested in knowing the ins and outs.
I'm amazed I never heard about this before it was canceled
I dont think this game is fake, i just think the game isnt completed. They obviously have made a game and are using this as a way to delay it even more. It would cost so much money to fake the screenshots and gameplay, they obviously have a game but it isnt finished. If there wasnt a game then they would lose money and there would be no reason to do it in the first place. Nvidia is also on board with the game, they had to of played the game in order to know the insides of it, its not like they just give out the Nvidia brand to anyone. Anyways i think this game has potential but i think the devs behind it are not professional at all and don't know how to run a game correctly so i have so many doubts about the game. We will have to wait and see i guess.
I also think this could be a whole marketing stunt, that they didnt think about clearly. The games reputation right now is at its lowest because of this "stunt". No one will buy this game or at least be very skeptical when buying now. I think the game was meant to be delayed and they are using this as free advertisement. Look at how many people are making articles and videos about the game now.
what that video didn`t say was that Wholf the guy who posts all there twitter stuff came out saying he has not seen ANY footage of the game play they was suppse to release. something is not with with this game.
Decided to watch this video(absolutely bored during work). Decided to then waste even more of my time searching the trademark to go down a deeper rabbit hole of the devs actually filing the trademark today as of 1/27/23.... This has now turned into a Pepe Silvia situation for something I couldn't care less about and will help me in no possible way............ Happy Friday
Honestly what could really be happening, which makes more sense than anything else, is that the game really hasn't been anywhere near ready which is why they keep delaying it, but they don't want to just straight up say that for some reason, so they keep getting really close and then slamming an excuse with a huge delay and they're gonna keep doing that until its ready. They are only a small dev team that have never had a successful game or even one of this size so they clearly don't really know what they're doing and don't have experience with the fans. I don't think this is a scam or fake, the trailers are clearly scripted but i think they are more of what they want to make but are no where near to finishing it. At this point what would be best for them is if they kinda just say "Where not gonna hype anything up or show anything else, the game will be ready when its ready" and just go radio silence until they actually have a solid game ready to release.
However, even if it does release, i don't think for a second it will be anywhere near as good as people hope it to be, games like this never are, and with how poor this is all going so far i don't think its wrong to assume the game will be just as poor, i mean we literally still after 4 years know absolutely nothing about the game, only how it looks. Or maybe this will be a fucking miracle and become game of the decade, who knows. Just gotta wait for November 10th! Or a 4th year long delay...
another game I was really excited for but never came out was Little Devil Inside
Mytona allowing the tweet is basically them backing up the team that no one should worry because mytona is watching us, both in making sure we get a good game out and by having our backs as a more well known company
i assume that it was one of them that copy writed the name for a delay because they weren't ready, its not necessary a large team thats working on it
The trademark claim was for a calendar app of the same name, I believe.
plenty of investors go into blind because of FOMO, see theranos, bernie madoff, etc etc. Jim cramer sided with SBF and Elizabeth holmes. so having legitimate investors buckling down into FOMO is not a argument if something is not a scam. It may not be a scam, it may be, my point is having "investors" is not a defense for it not being a scam
what footage there is has meshes, animations and that's it. i am worried about the enemy mechanics since none are really shown
Trademarks like copyrights can be fought as it would be considered "previous art" and simple court case to do so. If it was a pure troll to get money out of them there shouldn't be much backing up their case.
The game has been rebranded "Years Later"
@20:27 Don't mess with Rekieta Law after sixteen burgers.