The Video Game History Foundation has beaten a copyright troll and is now able to better preserve Cookie’s Bustle, a Japanese point-and-click PC adventure game from the 1990s.
Cookie’s Bustle is an obscure game that didn’t get much attention or preservation following an initial physical print run around its release in 1999. It’s considered an “orphan work” without a clear owner, and is exactly the kind of game the Video Game History Foundation likes to preserve. A new blog post on the foundation’s website detailed why that process was more complex than usual.
Cookie’s Bustle
Anytime someone online posted materials related to Cookie’s Bustle in recent years, a company called Graceware Inc. filed DMCA takedown notices to remove the content. That’s because in 2021, Graceware had claimed copyright ownership and filed trademarks related to Cookie’s Bustle. VGHF caught wind of Graceware’s aggressive DMCA strategy after they filed one over a VGHF post about obtaining a copy of the game.
“For years, Graceware has gotten away with abusing the DMCA because they’ve targeted large platforms that comply quickly with takedowns, or individuals without the resources to push back,” VGHF posted on Bluesky. “Then they f**ked with us, a non-profit organization with a special interest and an expert legal team. Whoops!”
VGHF investigated and found that the person behind Graceware, Brandon White, did not actually own the rights to Cookie’s Bustle and simply made it look like he did through using a service called Interoco and unfulfilled trademark applications in the United States. It brought this to the attention of trade association Ukie, which ultimately led to the suspension of any takedowns Graceware made related to Cookie’s Bustle.
Going forward, VGHF and others online should now be able to post content about Cookie’s Bustle online without the threat of a DMCA takedown from a copyright troll. If Graceware did try to submit a takedown request again, VGHF has stated that it has “not ruled out legal action if we are harmed by future spurious takedown requests from Graceware.”
Material related to the game remains in VGHF’s digital archive.