Star Control: Origins Removed from Stores after DMCA claims
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rl66
So reading at your news, it will end like what Diablo 3 should have been (not the released one) with a name changed, or with money given to release it after that the lawyers from both part have met (and get their money too of course).
About copyright it depend on where you are... sadly you can copyright a product in a country but as it isn't copyrighted in another part of the world, then you can have copy that were made in the legal way and fraud sale in your country of the same production...
Exemple: When i was young a friend have done a video game copyrighted the name and in the 90' a famous company from USA sue him for having used a name used by a studio they have bought on their product. It end up with money lost in lawyer wallet to have this conclusion: both are in their right.
It's for that it is so hard that you have to get a specialist when you do it.
Size_Mick
I don't know who's legally in the right, but I'm on Fred and Paul's side. They made some cool games back in the day.
Fender178
Here is a Video talking about this very thing.
[youtube=Ieb1ajwwUFo]
RealNC
This looks like what the DMCA was actually made for? It wasn't intended as a tool to take down negative reviews of your games. It was rather made for cases like this, right?
S V S
RealNC
S V S
Hi RealNC,
I think there is a distinction to be drawn between what is allowed under the law and what is advisable, or societal beneficial, behavior. There is another distinction to be made between the fact the right holder was able to remove the game using the DMCA notice process and whether the right holder properly used the DMCA and will eventually be found liable for damages. Unfortunately, the fact that the right holder may eventually be held to account for improper use is little comfort from the potentially chilling effects of what was done. Indeed, going forward in the game industry, the mere threat to file a DMCA notice at a games launch will have such potentially ruinous financial impact that development studios will have no choice but to cave to the most unreasonable of demands. That is bad for gamers. Never mind the financial impact against the studio here who at this point has not been shown to be guilty of any infringement.
A little more information on how the DMCA notice system was used here and how it differs from the spirit and intent of the law:
1. The parties here are already in litigation over the disputed rights used to file the take down. The intent of the DMCA was to 1) shield service providers from liability for mass copyright infringement and 2) to provide right holders recourse to remove infringing content without resorting to the expensive court system.
Here, the parties already are in the expensive court system debating the ownership/infringement pf rights related to the DMCA notice.
2. Another issue with the use of the DMCA notice process here is that the DMCA was not originally intended to be a mechanism to remove content with no ability to restore it absent fully litigating a dispute, indeed the unifying principal was providing a framework to address infringement without requiring expensive litigation. Unfortunately, there is a clause in Section 512 of the DMCA that states service providers may lose their liability shield if the provider restores content after receiving a counter notice from the subscriber *if* the provider is made aware that the right holder is seeking a court order to restrain the subscriber from the infringing activity (e.g. a preliminary injunction).
(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network
The intent behind this clause was that a right holder could file a notice to remove alleged infringing content and if the subscriber filed a counter notice challenging the right holder's infringement claims the content would be restored, leaving the right holder with the requirement of filing a lawsuit to obtain an order restraining the infringing action, like a preliminary injunction. The service provider knowing the right holder is planning on filing litigation to restrain the infringement via a court order then may lose their liability shield if they restore the content. Combined with the DMCA notice process providing service providers zero incentive to take any action that might result in liability, all service providers will simply never restore the content - even if the right holder isn't actively trying to restrain the infringement NOW via a court order like a preliminary injunction. The service provider never has an incentive to question the right holder's claim that they are seeking such an order because the service provider is not liable to the subscriber even if the right holder filed a fraudulent notice or improperly claimed they were attempting to obtain an order to restrain the infringement. The subscriber's only recourse to address the potentially improper use of the DMCA notice process is to fully litigate the issue against the right holder.
I hope I at least sort of helped draw the distinction between being able to use the DMCA process to take down this game versus the question of whether the use of the DMCA process here was proper.
The cause for concern for us gamers, and the game industry in general, is that if a party abuses the DMCA notice system against a launched game, as things stand right now - it appears the only method to rectify the abuse is to fully litigate, a process that can take years and hundreds of thousands if not millions of dollars, and the entire time the content remains out of the market.
Fender178
After watching the video that I have posted. I am on the side of the defendants because the Plaintiff used stuff in the new game that he didn't have the rights to and then tried to blame the DMCA for it. The Judge put him in his place.
Fox2232
I see something there. Original License agreement considers Reiche and Ford as default owners and they should be paid $1000 every year as license fee.
As long as those payments go on, license would allow Accolade to release Star Control Games with their "IP content".
When Atari got Accolade and continued payment, they effectively kept license. But as they did stop later, they lost license even for 1st 2 games.
When Stardock got Star Control "license" from Atari, they already did not own license. Therefore Stardock paid for thin air. And considering amount of money ($300,000) Stardock paid, they could very likely obtain full IP from Reiche and Ford.
Size_Mick
Not to derail the thread or anything, but has everyone here played The Ur-Quan Masters? It's a free version of Star Control 2, based on the 3DO version of the game.
http://sc2.sourceforge.net/
Fender178
TheSarge
The DMCA just encourages copyright trolls like Reiche and Ford to harass legitimate content creators and hold them hostage for money. Congress needs to amend it or repeal it. The only people who profit from the current regime are lawyers and big-money corporate entities like the RIAA and the MPAA. Everyone else is getting the shaft, often from the same people who are getting shafted by other shafted persons. It's insanity.
Fox2232
Andrew LB
Though this is a bit off topic, i did some searching regarding the series since I liked SC2 way back in the day yet didn't recall a Star Control 3 being released. Most video games ive come across over the decades will have similarities here and there with other games in the genre, but when i saw the following video i just about fell out of my chair.
[youtube=9V8AY80GIqw]
Sound familiar? If someone wanted to file a lawsuit, it should be against Bioware.
edit\
A bit more research discovered that both games ripped off a book called "revelation space".
Fender178
Annex
vidra
What a bunch of money-hungry scum! I hope my already purchased game will not be affected.
TheSarge
And that's why I called them copyright trolls: They know they don't have a legitimate copyright claim but under DMCA rules they can claim that they do anyways. The same thing happens on YouTube all the time: People get their content taken down by Google with no explanation becasue some troll fired off a bogus DMCA notice that Google rubberstamped without even trying to investigate. Then it's up to the person that had their content removed to prove their innocence if they want the take-down to be reversed. So much for presumption of innocence. This is what we get when we let corporations run things.