I think the question isn’t what constitutes infringement but does a work being published under a trademark, but with the copyright explicitly held by someone else, does that give the mark holder rights to the work or any rights that override the copyright holder.
There’s the notion that the characters in SC2 are owned by Stardock because they own the trademark and the story with those characters was once published under the mark.
Oh I have it in both official and UQM form. I’ve bounced off it the first couple times but I’ll keep at it in due time.
There’s no shame in looking up coordinates of a few resource rich worlds to help eliminate some early grind and difficulty.
Actually, there are a couple of helpful dialog bits that aren’t in UQM because they aren’t voiced. A player might want to scour the wiki if he’s lost. One is in the list of bugs in the FAQ and I don’t remember what the other was.
No…
I wouldn’t even hazard a guess. Once cases like this go to trial, you are basically flipping a coin influenced by the competence of the lawyers. Much of my snark thus far has been driven by the low quality of the pleadings coming from Nixon Peabody (and by low quality I don’t mean “they have a bad case” but “wow, that’s terrible legal writing from a technical perspective.”). but the team at trial would likely be different.
I do think it’s certainly the case that Brad, through his voluminous and memorable public statements, has generated mountains more evidence than F+P have, and I find it hard to believe that wouldn’t create a number of attackable points of weakness.
Well that was a very eloquently stated position. Well done.
I believe that you’re going to be sorely disappointed. lol!
I have cut back though. Honest!
Gee, yah think? :)
With books, author contracts go into the details. These contracts usually give the publisher the (exclusive) right to publish the book, including new editions, translations, etc., obviously in return for royalties. There’s nowadays almost always a clause that says the author can get the rights to her work back if sales have been poor for two years in a row. Applegate could then publish the book elsewhere, but if there’s any trademarks in her work owned by Scholastic, she might have to make some changes to her text.
But like I said, it depends on what the contract says specifically. I imagine if it’s part of a series, it will specify that other authors working for Scholastic may or may not use elements from Applegate story, and perhaps that includes some extra remuneration.
There’s a story about Star Trek: Voyager that’s perhaps interesting here. According to some, the writers had wanted Robert Duncan McNeill to reprise the role of Nicholas Locarno, a character that had appeared in an episode of The Next Generation. But the rights to that character were owned by the person who wrote the original story that Locarno was in. To avoid having to pay that writer royalties for the next seven years, they instead came up with Tom Paris, who just happened to be very similar to Locarno…
Ah, of course there are author contracts–the equivalent of the October 1988 contract between Accolade and Paul. Makes sense that in these days when a young adult book series can become a huge moneymaker that a publisher would make sure to clarify exactly who owns what under what circumstances. Thanks, JoshoB. Also for the Voyager example.
Geez, what this thread really needs is Alan Emerich in here and we all start bashing MOO 3 all over again.
So when is this shocking tale of derring-do going to be revealed? I’m running out of popcorn.
Is this the most productive way to contribute to this thread? What does MOO3 have to do with the Star Control lawsuit? Have you read at all about the issue at hand?
Here’s a case of a Malaysian developer retrieving their game from a defunct/scam publisher with a takedown request that wormed the Steam list back into their control.
Sorry, just being obscure. Essentially I was rolling my eyes about old fights being brought up again; specifically Derek Smart pile ons.
that chart reminds me of this lawsuit, which was settled:
It’s inevitable that eventually we will run out of musical notes and it will become very very hard to write a song that does not infringe on some past recording. Copyright expiration will not be enough to stem this.
Heh, if individual notes were owned eventually everything ends up being discordant noise as in order to avoid already used notes everything is some arbitrary number of cents off pitch. The last original composition is just a sixteen measure hold of F# +37cents as that is the last unclaimed sound.