Topic: Lawyers and stuff...  (Read 9729 times)

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Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #20 on: December 16, 2005, 06:21:50 pm »

If you build a mesh, mod, script, etc. It is yours.

Once this is converted into a usable part of SFC it becomes the property of the legal contractor, or developer. (No longer yours)

For a model as example: My mesh is *.3ds until it becomes posted as a *.mod. From this point it is considered "Freeware" or the intellectual property of the developer-contractor.
If people understand these facts from the beginning, it may save a few of the flame wars I see posted around.

Time for me to get back to tilting at windmills...  ;D



Actually ...it doesnt matter what format the mesh is in...it's clearly based on parmounts property...

A connie is a connie...a D7 is a D7...

That being said...Paramount will generally look the other way until such time as someone tries to generate any kind of revenue of such projects...

And they DO appreciate fan art...within reason...

I can paint a picture of a connie...and sell it at a flea market...

I cannot run a thousand prints off it...and sell them ..and still be within the common terms of "fair use"...


Offline T' Kang

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Re: Lawyers and stuff...
« Reply #21 on: December 16, 2005, 06:46:31 pm »
On the money again Crim.  My assumption was made on a "new" set of meshes, as opposed to a ship that was previously used in production. New pointy ship vs a D7, or Connie, etc.

Not my direct interest or concern, but I wonder what the "laws" think of the Bab5 or BSG stuff modded for other games... Have you heard of any "conflicts?"
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Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #22 on: December 16, 2005, 07:31:31 pm »
Not my direct interest or concern, but I wonder what the "laws" think of the Bab5 or BSG stuff modded for other games... Have you heard of any "conflicts?"

I havent heard a thing...B5 is a dead series...BSG would probably simply love the exposure at this point...

That attitude might change should someone approach them a serious offer to license a game based on their Intellectual property...

Even then...BSG as based on someone else's property...they just bought rights IIRC...

I know there is a B5 based table top game simular to SFB though....that company would probably be the best one to contact if someone wanted to do a game...

I also know that Cybercada was working on a B5 game....not sure he is wroking with anyone else or not...

Some companies view such things as free advertising so long as the Mods are respectful etc.....others...like paramount...religiously protect their intellectual property....




Offline T' Kang

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Re: Lawyers and stuff...
« Reply #23 on: December 17, 2005, 10:17:24 am »
r u saying that every time  the program  opens or is  installed  it transmits something over the net? You know the big brother poeple are  going to tkae issue to  any program  transmitting information unknown to the user (assuming that is what you meant) lol. This should be interesting.

If you have any real questions in this area I suggest researching the EULA's and parameters for internet usage under the post 9/11 guidelines. I only know a little.  If doing legal research, make sure that the "XYZ" contract is read with the legal terms-words understood (Black's and/or WestLaw). How does the law read, now, such as FAR 52.227-19 or DFARS 252.227-7013?  What do judges say in their dicta? All of this "stuff" is public record or available.
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Re: Lawyers and stuff...
« Reply #24 on: December 17, 2005, 08:02:41 pm »

Once this is converted into a usable part of SFC it becomes the property of the legal contractor, or developer. (No longer yours)

For a model as example: My mesh is *.3ds until it becomes posted as a *.mod. From this point it is considered "Freeware" or the intellectual property of the developer-contractor.
If people understand these facts from the beginning, it may save a few of the flame wars I see posted around.



Huh, well that sure doesn't encourage people to make new, non-Trek designs into mods, are you saying that both the *.3ds and the *.mod are considered freeware, or just the *.mod? If both, I am starting to think of all those kind modellers from outside the community who allowed modders to convert their hi-res models into useable mods. Have they unknowingly relinquished the rights to their own artwork? Also, I have developed my own set of original spaceship designs, if I make the mistake of converting the meshes to mods, does Paramont now have rights to the source files on my own computer?

The original post on this topic, is also a scary thing making it seem as though there are no real legal reprocussions for one who uses a posted model (be it *.mod or *.sod) in their own mod and neglects to credit the modellers. This could be far reaching, cross-game conversions, kitbashes, etc. That first post makes it seem that the only penalty for such indiscrecions would be scorn from the community, which is easy enough to avoid by posting on one's own domain. If the overall mods are good enough, they will be used.

Food for thought, and I would like some clarification on the above quote just for peice of mind.

Interstellar Machine

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Re: Lawyers and stuff...
« Reply #25 on: December 18, 2005, 02:47:24 pm »
Paraphrasing Dr. McCoy, I am an Engineer, not a Lawyer…

My KISS understanding is…

Simply; No copyright=No rights. Copyright the art work. If you have something copyrighted, you know what you can and cannot do. Your lawyer should have told you at that point. Ours did. Using (or taking) previously copyrighted material without license is not a very good idea in my opinion. Taking another game's models, let alone another copyrighted show's ships (ie: property) and using it in another game might be a big problem. I do not know…

If you are doing a “fan based” ST model you are working under pre-existing license, or you have your own. If you have a license agreement with Viacom Products Group, you know what it entails. Otherwise you are doing something under another agreement, or simply a “Pirate” getting away with something until they are caught. I doubt they will send you a bill though for “fan based” public-domain issues…

If I take my copyrighted code, mesh, or artwork and use it for someone else’s “game.” It falls under their license, and it is their property, unless I have an exclusionary license and contracts with the principals involved.

In the case of Starfleet Command 3; I understand that all rights to Star Trek is Viacom property; the game code and the tools to convert are Taldren’s, and everything licensed for SFC3 is owned by Activision. You do it, you post it, it is theirs to use or not (close site as example) as they see fit. It is their property and you use it. Arguing about “whose model is it” or “permissions” is a moot point. Arguing about “permissions” is like arguing on what happens with your car after you give it away to charity. Again, No copyright=No rights. Simple. I would suggest always adding the credits of the “mesh modeler” in any case. It shows due credit and liability for the job they did.
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Offline Tus-XC

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Re: Lawyers and stuff...
« Reply #26 on: December 18, 2005, 05:09:13 pm »
i would like to add that even if the modeler has no rights when its released to sfc, i would suggest you all be respectful of there wishes, it would quickly result in nothing being released if you didn't
Rob

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Re: Lawyers and stuff...
« Reply #27 on: December 18, 2005, 06:41:15 pm »
Ok..lets not all go off half cocked...

Quote
Huh, well that sure doesn't encourage people to make new, non-Trek designs into mods, are you saying that both the *.3ds and the *.mod are considered freeware, or just the *.mod?

In the case of a NON TREK ship...or totally original work....only the .mod would be considered to be under EULA...

original art is considered to be copy written by default...

Quote
If both, I am starting to think of all those kind modellers from outside the community who allowed modders to convert their hi-res models into useable mods.

As above....there is no worry....For example...Paramount could only claim use of ships that where clearly based upon Paramount Intellectual property...

 
Quote
Have they unknowingly relinquished the rights to their own artwork?

NO..they have not...

Quote
Also, I have developed my own set of original spaceship designs, if I make the mistake of converting the meshes to mods, does Paramont now have rights to the source files on my own computer?

NO..they do NOT....since these ships are of your own creation and do not exist in the star trek universe...

Quote
The original post on this topic, is also a scary thing making it seem as though there are no real legal reprocussions for one who uses a posted model (be it *.mod or *.sod) in their own mod and neglects to credit the modellers.

A posted model placed in the public domain and not subject to copywrite (meaning entirely your own creation)  has no legal protections...it's only prtected if it deos not exist in ANY OTHER TYPE OF intellectual property...if YOU make it up from design...and it only exists in your universe (non trek)...then YOU own the intellectual property...

Quote
This could be far reaching, cross-game conversions, kitbashes, etc.

Lets not go all chicken little eh?

Just becasue you didnt know this..doesnt mean other are not aware....this suject has come up several times over the years...and I'm usually involved....that's how I know so much about it...

Quote
That first post makes it seem that the only penalty for such indiscrecions would be scorn from the community, which is easy enough to avoid by posting on one's own domain.

AGAIN..it depends on WHAT the ship is...wether it's your own creation...and wether you allow it to be converted...

but in basic terms...if you model a connie....it's NOT your property...it's paramounts...becuase it's based upon Paramount inelectual property...and sicne it cannot be copywritten...anyone who wishes may LEGALLY do what ever they want with it...

that doesnt make it right...and that doesnt mean that the community would stand by and accept it...

But that also means that a kitbash of your connie is beyond legal recourse...

Quote
If the overall mods are good enough, they will be used.

Probably so...then again ..it all depends on wether the ship is your own creation...or wether the ship can or would exist in someone elses creation....

Quote
Food for thought, and I would like some clarification on the above quote just for peice of mind.

Interstellar Machine

I have given all that I can think off with the questions you have offered...

But let me add this...

Ripping off someone is both unecessary (because many modelers have allready given permission for converstions or kitbashes) and in extremely bad taste...

The rules for posting are quite simple...seek permission...credit work...freely distribute...

There is no law that allows anyone to post whatever they like on this website...

That being said...kit bashing is usually how people get their start in modeling....and most times..they seek the approval of the original modeler...becuase they chose their work in the first place...

So...

If someone kitbashes one of your ships....or retextures one...and it isnt something sacred to you....show some class and give your blessing...give some pointers....and give some direction to a new modeler...

It doesnt necessarily mean they are trying to "rip you off"...it may be they look up to your work...and want your approval...

If ANYONE has an issue such as this....contact an admin....DO NOT start a huge flame war...it will only end up will all parties getting the boot...

Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #28 on: December 18, 2005, 07:00:26 pm »
I just wanted to add...Paramount is an 800 lb gorilla...one should never call for the help of an 800 lb gorilla....

They have a tendency to just kill everyone in the room...

800 lb gorillas are best left sleeping and respected as the dangerous beasts they are...

Offline T' Kang

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Re: Lawyers and stuff...
« Reply #29 on: December 18, 2005, 09:11:23 pm »
In the case of a NON TREK ship...or totally original work....only the .mod would be considered to be under EULA...

original art is considered to be copy written by default...


Copyrights on original artwork are not a default situation but a registration procedure. This is a good link to learn more.

http://www.copyright.gov/register/visual.html

Quote
Have they unknowingly relinquished the rights to their own artwork?
NO..they have not...


The individual who has the Copyright, gave you permission to use it. Copyright information should accompany the model.

This popped up on the search engine and it was interesting.

http://www.illegal-art.org/print/index.html


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Offline Magnum357

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Re: Lawyers and stuff...
« Reply #30 on: December 19, 2005, 05:37:55 pm »
I have a question about all this legal stuff.  Say I wanted to make a "Freeware" Star Trek game for the Dyanverse Community.  It would cost people nothing, simply download the thing from Dynaverse.net (or wherever) and play the game.  First, would I still need permission from Paramont in any way to be able to do this?  I remember someone posting a download link for a Star Trek game he made with Darkbasic.  Did he have to get permission from Paramont in anyway?  I ask because I'm no lawyer.

Now assuming you had Paramonts blessing, would it be wise to still get a Copyright for this Freeware game, or would it be already under the protection of the ELUA?
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Re: Lawyers and stuff...
« Reply #31 on: December 19, 2005, 05:50:38 pm »
Ok..lets not all go off half cocked...

Quote
Huh, well that sure doesn't encourage people to make new, non-Trek designs into mods, are you saying that both the *.3ds and the *.mod are considered freeware, or just the *.mod?

In the case of a NON TREK ship...or totally original work....only the .mod would be considered to be under EULA...

original art is considered to be copy written by default...

Quote
If both, I am starting to think of all those kind modellers from outside the community who allowed modders to convert their hi-res models into useable mods.

As above....there is no worry....For example...Paramount could only claim use of ships that where clearly based upon Paramount Intellectual property...

 
Quote
Have they unknowingly relinquished the rights to their own artwork?

NO..they have not...

Quote
Also, I have developed my own set of original spaceship designs, if I make the mistake of converting the meshes to mods, does Paramont now have rights to the source files on my own computer?

NO..they do NOT....since these ships are of your own creation and do not exist in the star trek universe...

Quote
The original post on this topic, is also a scary thing making it seem as though there are no real legal reprocussions for one who uses a posted model (be it *.mod or *.sod) in their own mod and neglects to credit the modellers.

A posted model placed in the public domain and not subject to copywrite (meaning entirely your own creation)  has no legal protections...it's only prtected if it deos not exist in ANY OTHER TYPE OF intellectual property...if YOU make it up from design...and it only exists in your universe (non trek)...then YOU own the intellectual property...

Quote
This could be far reaching, cross-game conversions, kitbashes, etc.

Lets not go all chicken little eh?

Just becasue you didnt know this..doesnt mean other are not aware....this suject has come up several times over the years...and I'm usually involved....that's how I know so much about it...

Quote
That first post makes it seem that the only penalty for such indiscrecions would be scorn from the community, which is easy enough to avoid by posting on one's own domain.

AGAIN..it depends on WHAT the ship is...wether it's your own creation...and wether you allow it to be converted...

but in basic terms...if you model a connie....it's NOT your property...it's paramounts...becuase it's based upon Paramount inelectual property...and sicne it cannot be copywritten...anyone who wishes may LEGALLY do what ever they want with it...

that doesnt make it right...and that doesnt mean that the community would stand by and accept it...

But that also means that a kitbash of your connie is beyond legal recourse...

Quote
If the overall mods are good enough, they will be used.

Probably so...then again ..it all depends on wether the ship is your own creation...or wether the ship can or would exist in someone elses creation....

Quote
Food for thought, and I would like some clarification on the above quote just for peice of mind.

Interstellar Machine

I have given all that I can think off with the questions you have offered...

But let me add this...

Ripping off someone is both unecessary (because many modelers have allready given permission for converstions or kitbashes) and in extremely bad taste...

The rules for posting are quite simple...seek permission...credit work...freely distribute...

There is no law that allows anyone to post whatever they like on this website...

That being said...kit bashing is usually how people get their start in modeling....and most times..they seek the approval of the original modeler...becuase they chose their work in the first place...

So...

If someone kitbashes one of your ships....or retextures one...and it isnt something sacred to you....show some class and give your blessing...give some pointers....and give some direction to a new modeler...

It doesnt necessarily mean they are trying to "rip you off"...it may be they look up to your work...and want your approval...

If ANYONE has an issue such as this....contact an admin....DO NOT start a huge flame war...it will only end up will all parties getting the boot...

Thanks 'Crim, that helps alot, and I will check out those sites too, T'Kang! I appriciate you guys reading my post so closely and answering my questions so fully.

Interstellar Machine

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Re: Lawyers and stuff...
« Reply #32 on: December 19, 2005, 06:59:59 pm »
I have a question about all this legal stuff.

Ok...but we are not lawyers....so this is only laymans opinion..


Quote
Say I wanted to make a "Freeware" Star Trek game for the Dyanverse Community.

Ok...well...right there you are messing with paramounts bananas (intellectual property)....and remember..paramount is an 800 lb gorilla...

Quote
  It would cost people nothing,

That may or may not be a positve factor....800 lb gorillas arent in the habit of giving out bananas for free...

Quote
simply download the thing from Dynaverse.net (or wherever) and play the game.

I can tell you right now without even asking Frey....DV,net wont have any part of it...it's possible you might not be able to even post a link to it...

DV.net has an irrational fear of 800 lb gorillas...

Quote
  First, would I still need permission from Paramont in any way to be able to do this?

Technically yes...since you are using paramounts intellectual property...

Disclaimer #1....they may not ever find out about it...

Disclaimer #2...they might not even care if they did...

Warning....it's also possible that they employ people to prowl the net looking for abuse of their intellectual property...and paramount has it own expert legal division....typical rights for a video game licensed by parmount could be millions of dollars...they could sue you for damages for lost revenue of those rights you did not purchase...in other words...they could *potentially* sue you for millions of dollars..even though you never made a dime off it....

Quote
I remember someone posting a download link for a Star Trek game he made with Darkbasic.

Well...no..it wasnt a "Star trek" game...it was a "dark basic" Mod...not the same thing...Modding a game to contain trek ships is probably more of an issue to the Game developer, rather than paramount..

Quote
Did he have to get permission from Paramont in anyway?

I doubt he did....I also doubt Paramount would grant such permission....I also doubt paramount would pursue someone who simply modded a game title to contain trek ships so long as it was posted as a mod... and not marketed as an original "star trek "title..

I also dont doubt that Paramount would take the opportunity to squash someone like a bug if they even thought for a moment that someone was trying to market a new "trek" title without securing a license....regardless if any revenue was generated or not...

Quote
  I ask because I'm no lawyer.

I'm no lawyer either...it might be a good idea to ask one before you do something that *might* cause a gorilla attack...

Quote
Now assuming you had Paramonts blessing,

I would pretty much count it out...unless you have a huge chunk of cash...

Quote
would it be wise to still get a Copyright for this Freeware game,

You are using confusing terms...

a freeware game implies you are either

#1 modding another game (that may be free ware)...

#2 writing up one from scratch (which would be a new *unlicensed* title)

In either case...you cannot copywrite it as far as my understanding...

#1...you cannot copywrite something that is allready in the public domain that some else released...

#2...you cannot copywrite a game based on someone elses intellectual property unless you purchase the right to do so...

Quote
or would it be already under the protection of the ELUA?

I dont know...I'd have to read the ELUA...but from the desciption you have given...I doubt it...

Offline T' Kang

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Re: Lawyers and stuff...
« Reply #33 on: December 20, 2005, 12:23:29 am »
Quote
Thanks 'Crim, that helps alot, and I will check out those sites too, T'Kang! I appreciate you guys reading my post so closely and answering my questions so fully.


Thank you sir.  Crim, as usual, you are right there. Now after a couple more calls to verify with a Fl. attorney, as this is becoming a lengthy and maybe useful thread…

Not to create any flames, but I thought a little more information brought to the surface might be useful. *Disclaimer: I am not an attorney. So assume nothing.* I deal with such things second hand as a consultant for a gaming publisher and a special effects company. They make sure they get their Non-Circumvention Non-Disclosure agreements notarized and delivered! Again, my interest initially was to follow up on requests by a few players to see if I could throw a SFC3 (or like) mod-server or licensed expansion together so they did not need to live as “server rats” and have real lives again (and still enjoy the game). I started by understanding the legal issues, and the contracts involved. I prefer to get the most accurate (and tangible) information as possible before risking my children’s future well being for playing with a game.

Quote
Quote
First, would I still need permission from Paramount in any way to be able to do this?

Technically yes...since you are using paramount’s intellectual property...

Disclaimer #1....they may not ever find out about it...

Disclaimer #2...they might not even care if they did...

Warning....it's also possible that they employ people to prowl the net looking for abuse of their intellectual property...and paramount has it own expert legal division....typical rights for a video game licensed by paramount could be millions of dollars...they could sue you for damages for lost revenue of those rights you did not purchase...in other words...they could *potentially* sue you for millions of dollars… even though you never made a dime off it...

Now assuming you had Paramount’s blessing,

I would pretty much count it out...unless you have a huge chunk of cash...


The Paramount rights are controlled by the “mother company.” If you are attempting to purchase a “license” or re-contracting an existing one you would be contacting Viacom Consumer Products, not Paramount (I have “work” contracts involved). There is an exclusivity contract with Perpetual-Activision on all “new” Star Trek games. I thought this was common knowledge. Software publishing rights for such items as “Star Trek” now are hefty percentages of the gross profit, sales performance guarantees, and six digit figures up-front or in escrow to secure the guarantee (aka: huge chunk of cash, for me at least). Viacom does have contractors investigating use-abuse of their intellectual property.

Quote
Would it be wise to still get a Copyright for this Freeware game?

You are using confusing terms...

a freeware game implies you are either

#1 modding another game (that may be free ware)...

#2 writing up one from scratch (which would be a new *unlicensed* title)

In either case...you cannot copyright it as far as my understanding...

#1...you cannot copyright something that is all ready in the public domain that some else released...

#2...you cannot copyright a game based on someone else’s intellectual property unless you purchase the right to do so...

or would it be already under the protection of the ELUA?

I don’t know...I'd have to read the ELUA...but from the description you have given...I doubt it...


Intellectual property (software) is different than digital art work (model).  As far as definitions, these seem pretty good.

http://en.wikipedia.org/wiki/Freeware

http://en.wikipedia.org/wiki/Shareware

To my understanding …

The SFC3 EULA and current situation is that you can modify the game settings and add “new game materials” without another license, but is not supported by the publisher or developer. I have no idea on the specifics on keeping the Dynaverse3 server connected, and how it fits into this.

As example: I have created original artwork, that does not fall under and existing copyright. I will call it “pointy ship model.” I can then copyright it. I will format the artwork into a format required for registration. Using copyrighted fonts, or the Quad-Color Klingon Trefoil, etc. will complicate-disqualify a copyright. Now I want to post the “pointy ship” on the internet so everyone can appreciate my work. In my file I will have a copyright disclosure (aka “read me”). In that copyright disclosure I will inform the end user of the copyright what that entails, including the limits of their usage of my property.  It will show the year and who owns the copyright and the mailing address where they can be contacted. It is common practice to add internet contact information as well. In the limits of usage (or license) I can identify it as “freeware” or whatever.

Now, as example: I want the pointy ship to be used in another copyrighted game, in this example SFC3.  I know that I can allow the ship to be used in the game under their EULA. So when I convert the pointy ship into a format that can be used in that game, I create another copyright disclosure. It will not only include my full copyright disclosure, but will include the copyrights involved with the game itself. In the case of SFC3 Activision requires a specific disclaimer to be used. In this case they also require the name and (active) E-mail address of the “Creator” of the new game material falling under their game license. This copyright (and disclosure) is the difference between reality and fiction, or, now I can give “permission” to use my pointy ship. The SFC3 “principals” at any time can have me stop using-posting my pointy ship in the format used in SFC3.

Next example: I have created original artwork, but it falls under an existing copyright. There are too many variables. So I will call it “Connie Ship Model. I can use this model in the game under the SFC3 EULA. I will still have to provide the copyright disclosure and disclaimer required. I know that I have no copyright to the art, so I know I have no rights. I do have permission under the EULA to create it and use it. The developer has provided the tools to do this. I will then request that I am credited for my work. The SFC3 “principals” at any time can have me stop using-posting my pointy ship in the format used in SFC3.

There were a few other examples listed; but it is late.   :P
« Last Edit: December 20, 2005, 07:44:04 pm by T' Kang »
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Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #34 on: December 20, 2005, 12:49:55 am »
Ah...that does fill in a couple holes......lots of good info there...and like I said...I'm a layman too...I've only picked up bits and pieces through these years of SFC addiction...

There is a really good thread in the "OP open source support" board here on DV.net...the info is more SFC specific...but both Harry Lang and Steve Cole posted in the thread...and even Bill fisher from quicksilver..

The Board was set up by my request when we thought we would be getting the source code for SFC...

The concensous was that even if the dynverse gamers association where to be given the code...it could only be used to support the existing games...and never used to produce a derivative product....at least not without license....not impossible....but not probable in the near future...

It is still my greatest hope that we survive as a tight knit community  long enough to see such dreams become reality...

If I have eveyones permission...I may move this thread over there so it doesnt get buried...

Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #35 on: December 20, 2005, 12:55:14 am »
BTW...I'm sure you know that the DGA now owns the SFC2 directory servers....and keeps these servers open and free to the public as a service to the community in perpetuity...

"IF" activision where to infact drop support for SFC3.....we would be the most logical group to pick up support....if they were to co-operate...

This is one reason among many that we strive to stay in the good graces of all intersted parties...

Offline Magnum357

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Re: Lawyers and stuff...
« Reply #36 on: December 20, 2005, 03:12:18 am »
Wait a minute!  Now I'm a little confused.  The guy that made that Star Trek game out of Dark Basic, how was that just a "Mode"?  I thought he created a whole game with it?  Was the engine part of something else and he just popped in Star Trek ships?

I have a little programming back ground (in VB) and have always wanted to make a Star Trek game (although I'm sure it would be difficult).  Are you basically saying that unless I want to risk waking that 800 Ib gorrila, I should not even think about it?  What is wrong with a Freeware game?  Isn't that just free advertising of there product?
"I sure am glad I like SFB!" - Magnum357 (me)

Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #37 on: December 20, 2005, 03:39:02 am »
Wait a minute!  Now I'm a little confused.  The guy that made that Star Trek game out of Dark Basic, how was that just a "Mode"?

Well...based on what info you gave us...he didnt write the code from scratch...he modded an existing  game into something else by adding stuff....


Quote
I thought he created a whole game with it?  Was the engine part of something else and he just popped in Star Trek ships?

I dont know....but that is most likely...without seeing it...I can only guess...

Quote
I have a little programming back ground (in VB) and have always wanted to make a Star Trek game (although I'm sure it would be difficult).

Then start with modding something for your own use...or try and get a job for a company licensed to do Trek stuff...

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  Are you basically saying that unless I want to risk waking that 800 Ib gorrila, I should not even think about it?

Well..no....I think what we are both saying is that before you RELEASE anything...you check with a qualified attorney....which neither of us are...

A qualified attorney will know wether the gorrilla is likely to wake up or not...

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  What is wrong with a Freeware game?  Isn't that just free advertising of there product?

Well...some companies are VERY liberal with their intellectual property...others are insanely restrictive of their percieved "cash cows'...they have a whole legal dept that deals with copywrite infringment...and arent afraid to use it,...


Viacom/Paramount would fit into the second catagory

What we ARE saying is that you should be very careful and fully aware of the risks involved when messing with 800 lb gorillas...or more specificly..the 800 lb gorillas bananas......

You may in fact sneak a few bananas away while the gorilla sleeps....

Or

The gorilla might wake up and catch you grabbing his bananas...and pound you into greasy gopher guts...

OR...the gorilla may become so enraged...he runs around pounding EVERYONE with a banana into greasy gopher guts...

Best to let a sleeping 800 lb gorilla lie...

Yes...I think that is the proper metaphor ;)



Doing an unlicensed game is WAY different than hiding behind "fair use" and doing some models, artwork, or fiction....

Even if you dont plan on makeing one cent off of it...

Best advice is talk to an attorney...one quailfied to deal with licensing and copywrite issues....

Offline KBF MalaK

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Re: Lawyers and stuff...
« Reply #38 on: December 20, 2005, 06:39:55 am »
So, my bash of someone elses bash of yet someone elses bash of a taldren model is mine as long as I don't post it (as per the EULA)?

And If I do post it and some company WITH paramounts license to make a new game likes it, they can use it without my permission ?

Heh, there goes 6 months of work down the drain.
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Offline KBF-Crim

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Re: Lawyers and stuff...
« Reply #39 on: December 20, 2005, 10:52:29 am »
So, my bash of someone elses bash of yet someone elses bash of a taldren model is mine as long as I don't post it (as per the EULA)?

If you dont post it...you can do what ever you want with it...

And If I do post it and some company WITH paramounts license to make a new game likes it, they can use it without my permission ?
Quote

Since it's not entirely your own creation....that is correct.

BUT this has NEVER happened....nor it it likely too.....it's just something to be aware of...

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Heh, there goes 6 months of work down the drain.

How do you figure?......if you like creating something...and want people to use it...how is that wasted time?...as I said above....just becuase you know understand how copywrite works...doesnt mean someone will trot in here and call in the mark....

And like I said...it's only a point of discussion...

All it really means is that you cant copywrite it for several reasons...

#1...it's based on previous "licensed" work....

#2...it's based on someone elses Intellectual property...

#3....it's created for use in the game and falls under EULA...

 ;)