Digital Homicide Studios
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Digital Homicide Studios L.L.C. was an American
video game developer A video game developer is a software developer specializing in video game development – the process and related disciplines of creating video games. A game developer can range from one person who undertakes all tasks to a large business with em ...
based in
Yuma, Arizona Yuma is a city in and the county seat of Yuma County, Arizona, United States. The city's population was 95,548 at the 2020 census, up from the 2010 census population of 93,064. Yuma is the principal city of the Yuma, Arizona, Metropolitan ...
. James and Robert Romine founded the company in 2014 and released poorly received games in quick succession. The studio produced roughly sixty games until September 2016, including ''The Slaughtering Grounds'', ''Temper Tantrum'', and ''Galactic Hitman''. ''The Slaughtering Grounds'', Digital Homicide Studios's best-known title, was released via
Steam Steam is water vapor, often mixed with air or an aerosol of liquid water droplets. This may occur due to evaporation or due to boiling, where heat is applied until water reaches the enthalpy of vaporization. Saturated or superheated steam is inv ...
in October 2014. James Stephanie Sterling's criticism of the game led to a dispute with Digital Homicide Studios and eventually a lawsuit by James Romine against Sterling. Romine also filed a lawsuit against 100 anonymous Steam users in September 2016, accusing them of
harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...
. In response to the latter,
Valve A valve is a device or natural object that regulates, directs or controls the flow of a fluid (gases, liquids, fluidized solids, or Slurry, slurries) by opening, closing, or partially obstructing various passageways. Valves are technically Pip ...
removed all Digital Homicide Studios games from Steam, which Romine stated "destroyed" the studio by October 2016. He subsequently withdrew the lawsuit, while that against Sterling was dismissed
with prejudice ''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical mea ...
in February 2017.


History


Founding and game releases

Digital Homicide Studios was founded by brothers James Oliver Romine Jr. and Robert Romine in 2014 in
Yuma, Arizona Yuma is a city in and the county seat of Yuma County, Arizona, United States. The city's population was 95,548 at the 2020 census, up from the 2010 census population of 93,064. Yuma is the principal city of the Yuma, Arizona, Metropolitan ...
. Robert Romine had previously been a liquor salesman. The studio rapidly created small
PC game A personal computer game, or abbreviated PC game, also known as a computer game, is a video game played on a personal computer (PC). The term ''PC game'' has been popularly used since the 1990s referring specifically to games on "Wintel" (Micr ...
s, producing about sixty until September 2016. These included ''The Slaughtering Grounds'', ''Gnarltoof's Revenge'', ''Krog Wars'', ''Paranormal Psychosis'', ''Temper Tantrum'', and ''Wyatt Derp''. Digital Homicide Studios used the community-driven game approval process
Steam Greenlight Steam is a digital distribution service and storefront developed by Valve. It was launched as a software client in September 2003 to provide video game updates automatically for Valve's games and expanded to distributing third-party titles in l ...
to have its titles released on the
Steam Steam is water vapor, often mixed with air or an aerosol of liquid water droplets. This may occur due to evaporation or due to boiling, where heat is applied until water reaches the enthalpy of vaporization. Saturated or superheated steam is inv ...
service. The studio gave away copies of games like '' Ark: Survival Evolved'' and ''
Rocket League ''Rocket League'' is a 2015 vehicular Association football, soccer video game developed and published by Psyonix for various home consoles and computers. A sequel to 2008's ''Supersonic Acrobatic Rocket-Powered Battle-Cars'', ''Rocket League ...
'' in exchange for approval votes, which violated the Steam Greenlight guidelines. Many of Digital Homicide Studios's games were criticized as "amateurish, rushed and cobbled together from recycled assets". Tobias Ritter of ''
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'' referred to them as "a mountain of trash games". John Walker of ''
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'' reviewed the studio's ''Galactic Hitman'' in October 2015, calling it potentially the worst game on Steam at the time. ''The Slaughtering Grounds'', a
first-person shooter A first-person shooter (FPS) is a video game genre, video game centered on gun fighting and other weapon-based combat seen from a First person (video games), first-person perspective, with the player experiencing the action directly through t ...
, was among Digital Homicide Studios's first releases on Steam. The game tasks the player with shooting
zombie A zombie (Haitian French: ; ; Kikongo: ''zumbi'') is a mythological undead corporeal revenant created through the reanimation of a corpse. In modern popular culture, zombies appear in horror genre works. The term comes from Haitian folkl ...
s across three levels. A level is completed if the player survives in it for sixteen minutes and sixteen seconds. ''The Slaughtering Grounds'' runs on the Unity game engine and largely uses assets purchased from the Unity Asset Store. It was released through Steam on October 31, 2014. An update with
bug fix A patch is data that is intended to be used to modify an existing software resource such as a program or a file, often to fix bugs and security vulnerabilities. A patch may be created to improve functionality, usability, or performance. A pa ...
es was released in early November 2014 and Steam Trading Cards were added in April 2015. For this release, Digital Homicide Studios used the '' nom de plume'' "ImminentUprising". Later releases used various other names, such as "Micro Strategic Game Designs" and "ECC Games". ''GameStar''s Maurice Weber suggested that these pseudonyms were used to dissociate the games from Digital Homicide Studios and noted that, in many cases, they made it indiscernible who was developing the games in question.


James Stephanie Sterling dispute and lawsuit

In November 2014, James Stephanie Sterling, a video game journalist known for lampooning video games of perceived poor quality, released a ten-minute
Let's Play A Let's Play (LP) is a video (or screenshots accompanied by text) documenting the playthrough of a video game, often including commentary and (in some cases) a camera view of the gamer's face. A Let's Play differs from a video game walkthrough ...
video of ''The Slaughtering Grounds'', repeatedly criticizing the game and labeling it as a "New 'Worst Game Of 2014' Contender". They regarded the game as an
asset flip An asset flip is a type of shovelware in which a video game developer purchases pre-made assets and is perceived to use them to create numerous permutations of generic games to sell at low prices. Such games tend to be viewed by gamers as uncrea ...
, a game made poorly and quickly from art assets purchased from online stores. Sterling's videos were among the most exposure the game received at the time, with one of them appearing as the second search result on
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and as the first on
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, whereas ''The Slaughtering Grounds'' received no reviews indexed by the
review aggregator A review aggregator is a system that collects reviews and ratings of products and services, such as films, books, video games, music, software, hardware, or cars. This system then stores the reviews to be used for supporting a website where user ...
website
Metacritic Metacritic is an American website that aggregates reviews of films, television shows, music albums, video games, and formerly books. For each product, the scores from each review are averaged (a weighted average). Metacritic was created ...
. In response to Sterling's criticism, Digital Homicide Studios published a video dubbed "Review the Reviewer", re-using Sterling's video in its entirety with additional overlaid text that called Sterling "a fucking idiot" and accused them of playing the game incorrectly. Sterling subsequently produced a follow-up video in which they narrated and commented on Digital Homicide Studios's remarks. Digital Homicide Studios defended its use of purchased assets in a second response video, citing that it was "necessary from a production standpoint" and part of the "cycle of cash flow" in the
indie game An indie video game or indie game (short for independent video game) is a video game created by individuals or smaller development teams without the financial and technical support of a large game publisher, in contrast to most "AAA" (triple-A ...
scene. Both response videos were later deleted. Digital Homicide Studios eventually filed a DMCA takedown against Sterling's original video. Through two separate statements, the company said that the takedown was not censorship of Sterling's opinion, but rather enforced due to
copyright infringement Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the c ...
and damages the video had caused. Digital Homicide Studios said that it objected to Sterling's use of "'Worst Game Of 2014' Contender" and "absolute failure" as descriptions for the game, calling them "unfair and unreasonable use of our copyright material". Both statements were later deleted. Sterling's video was temporarily removed as a result of the takedown, though reinstated by March 2016. The studio's moves against Sterling, which Weber described as an overreaction, attracted further critics. Digital Homicide Studios would later delete negative comments from the Steam forums for its games. Weber argued that these actions tarnished the studio's reputation. Sterling and Robert Romine discussed their differences in a
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conversation in July 2015. Patrick Klepek of ''
Kotaku ''Kotaku'' is a video game website and blog that was originally launched in 2004 as part of the Gawker Media network. Notable former contributors to the site include Luke Smith, Cecilia D'Anastasio, Tim Rogers, and Jason Schreier. History ...
'' called the exchange "equal parts awkward and contentious" because the two parties approached it from opposing perspectives and because Romine eventually suggested that someone could sue Sterling over their actions. Sterling continued covering Digital Homicide Studios's games after this interaction. After four months of preparation, on March 4, 2016, James Romine filed a lawsuit against Sterling with the
United States District Court for the District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was esta ...
. The lawsuit accused Sterling of "
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
,
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
, and
slander Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making wikt:asserti ...
", citing nine counts of libel ''per se''. Romine sought to receive a total of , although the individual claims— in direct product damage; in emotional, reputational, and financial distress; and in
punitive damage Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
requests—added up to . Additionally, the lawsuit asked for "apologies in place of every offending article and video for a period of no less than 5 years". Romine had "worked for hundreds of hours since early 2015" to learn about the legal system to be able to represent himself in court. Additionally, the company launched a
crowdfunding Crowdfunding is the practice of funding a project or venture by raising money from a large number of people, typically via the internet. Crowdfunding is a form of crowdsourcing and Alternative Finance, alternative finance, to fund projects "withou ...
campaign to hire a "premium online defamation law firm" for the lawsuit. This effort was suspended shortly after its announcement due to "harassers donating amounts specifically to cause charges". The campaign was to raise but received less than . The lawsuit process stalled after Sterling's side filed a
motion to dismiss In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrativ ...
in May 2016, arguing that Sterling's comments were "protected commentary and opinion" rather than libel. Later amendments to the suit raised the total reimbursement to . The court later dismissed the suit because Romine had filed it as an individual but claimed damages for the company, although he was given the option to amend and refile his complaint. After Sterling's lawyer, Bradley Hartman, convinced Romine to drop the lawsuit, the court dismissed it
with prejudice ''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical mea ...
on February 20, 2017. Both Sterling and Romine were ordered to cover their respective court costs.


Steam users lawsuit

The Romine brothers perceived "relentless
online harassment Cyberbullying (cyberharassment or online bullying) is a form of bullying or harassment using Electronic communication network, electronic means. Since the 2000s, it has become increasingly common, especially among teenagers and Adolescence, a ...
" from certain Steam users. According to them, this included
impersonation An impersonator is someone who imitates or copies the behavior or actions of another. There are many reasons for impersonating someone: *Living history: After close study of some historical figure, a performer may dress and speak "as" that ...
, accusations of theft, threats of violence,
death threat A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a d ...
s, and derogatory comments about the Romine brothers and Robert Romine's wife, which had spanned more than eighteen months. They stated that negative comments about Digital Homicide Studios's games had continued after April 2016, when they began releasing games under their names, rather than the company's. After being ignored by Steam and turned down by the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
, the Romine brothers contacted the Sheriff's Office of Yuma County in June 2016. They were initially rejected and returned in person that August, providing documents depicting "hundreds of the worst comments". In response, the Romine brothers were told to sue these users. On September 12, 2016, James Romine filed a lawsuit against 100 anonymous Steam users. Most of these were part of a Steam group called "Digital Homicides", which accused Digital Homicide Studios of abusing the Steam Greenlight process. The lawsuit called this group an "organized
hate Hatred or hate is an intense negative emotional response towards certain people, things or ideas, usually related to opposition or revulsion toward something. Hatred is often associated with intense feelings of anger, contempt, and disgust. Ha ...
and harassment group ... that specifically formed on
team A team is a group of individuals (human or non-human) working together to achieve their goal. As defined by Professor Leigh Thompson of the Kellogg School of Management, " team is a group of people who are interdependent with respect to in ...
to financially destroy and harass The Plaintiff". It further alleged that eleven of these users, who were referenced by their Steam usernames, had published a total of 20,000 posts containing harassment on Steam,
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, YouTube, and other
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platforms. Through the lawsuit, Romine sought for personal injuries. Claims included the purposeful posting of negative reviews about Digital Homicide Studios's games and requests that Sterling produces further videos covering the company. Romine further requested a
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
against
Valve A valve is a device or natural object that regulates, directs or controls the flow of a fluid (gases, liquids, fluidized solids, or Slurry, slurries) by opening, closing, or partially obstructing various passageways. Valves are technically Pip ...
, the owner of Steam, to have the company provide the identities of the users being sued. Romine again represented himself, while a crowdfunding campaign to support the lawsuit was set up through
GoFundMe GoFundMe is an American for-profit crowdfunding platform that allows people to raise money for events ranging from life events such as celebrations and graduations to challenging circumstances like accidents and illnesses. From 2010 to the ...
. On September 16, in response to the lawsuit, Valve removed Digital Homicide Studios's entire catalog (composed of twenty-one games and fifteen pieces of
downloadable content content (DLC) is additional content created for an already released video game, distributed through the Internet by the game's publisher. It can be added for no extra cost or as a form of video game monetization, enabling the publisher to gain ad ...
) and all of its Steam Greenlight items from the platform. Steam had been the studio's largest distributor up to that point. Valve's
vice president A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
of marketing, Doug Lombardi, stated that Valve had ceased doing business with Digital Homicide Studios "for being hostile to Steam customers". In response, Romine accused Valve of failing to provide a "safe environment" for the studio and showing "a reckless disregard for the wellbeing of their community for profits". The Romines consequently considered filing a lawsuit against Valve for "removing heir gamesand publicly stating why" and were seeking a lawyer to represent Digital Homicide Studios in such a case. The games continued to be sold via Itch.io. In October 2016, James Romine stated that, due to the removal of the company's games from Steam, the business had been "destroyed". He filed for the lawsuit against the Steam users to be dismissed without prejudice, citing that he could no longer afford to pursue it, although he noted that his case was still "solid".


Legacy

As a result of James Romine's two lawsuits, Digital Homicide Studios has been labeled as " litigious". ''GameStar''s Weber cited the studio as "Steam's worst developer". In May 2017, ''
Digital Spy Digital Spy (DS) is a British-based entertainment, television and film website and brand and is the largest digital property at Hearst UK. Since its initial launch in 1999, Digital Spy has focused on entertainment news related to television pro ...
'' ranked the lawsuit against Sterling fifth on its list of the "5 silliest legal scraps" in the
video game industry The video game industry is the tertiary industry, tertiary and quaternary industry, quaternary sectors of the entertainment industry that specialize in the video game development, development, marketing, distribution (marketing), distribution, ...
. Nathan Grayson of ''Kotaku'' opined in September 2016 that both of James Romine's lawsuits and the surrounding controversy could have been avoided if Valve had taken a larger role in Steam's release curation, which would have halted the release of Digital Homicide Studios's games. He also believed that the company "allows and systemically endorses Steam users to behave in ways that are toxic, verging on abusive, with developers and each other", thus enabling parts of the substance of Romine's second lawsuit.


References


External links

* {{Video game controversy 2014 establishments in Arizona 2016 disestablishments in Arizona American companies disestablished in 2016 American companies established in 2014 Defunct companies based in Arizona Defunct video game companies of the United States Video game companies disestablished in 2016 Video game companies established in 2014 Video game controversies Yuma, Arizona