The content existing yes, but the content being distributed by an in-game content delivery system is not. You can DMCA that, as you can DMCA any page that host a GoT mod, for example (not that anybody would because of the optics, but see how many fan games have been taken out of distribution when the company owning the IP released a competing product. This is the same).
Good point Juan.
Well, Rhonin agrees Stardock are violating P+F’s copyrights, we can all go home.
It’s gonna be hilarious when the trademarks are recognized as having been constructively abandoned for years.
I had a similar thought a week or two ago, minus the hilarity part.
Well, it certainly would explain the full court press of PR from the Stardock side. Much better to settle out of court than have the asset you purchased exposed as valueless.
Yeah, I feel like that’s the end result of all this. I think they bought a box of air.
Well, this solves the mystery of trademarking the races:
Adding it to the game, but as “free DLC” so as to exploit some perceived loophole to isolate the infringement from the main game and to avoid revenue being as directly associated with the potentially infringing content.
This all shows an engineer’s perception of the law. If you can find the right technicality, you win! As if it’s all a purely deterministic system. Unfortunately for people who think this way trying to exploit technicalities like this only goes so far. If things get to trial it often goes over as well as doing the “I’m not touching you” routine with a sibling in the car on a family trip went over with one’s parents.
In a way doing this via DLC as an ass covering maneuver further demonstrates the intent to infringe.
It looks like those are just songs/wallpapers/themes, not actual events/ships/etc?
The descriptions are still vague on the page, but a little more detailed than the blurbs displayed here. Obviously it is implied that these races are in the game.
Yeah, but do those packs ADD those races is what I was trying to figure out, or is it just supplemental stuff and the races are there regardless.
From the description it appears to just be music and a wallpaper. These are undoubtedly for use as submissions to support their trademark claims on those names. As in “See, we’re selling stuff called Arilou™”.
I was thinking the opposite - they’re assets that Stardock is planning to trade as part of any settlement deal that ultimately gets brokered.
If only we had a like button here. A reply will have to suffice instead. I think you’re right, in any case.
Ah, gotcha.
There’s another IP lawsuit with some similarities that was resolved recently via summary judgement. A company created a card game based on “Sabacc” from Star Wars. They even managed to get a trademark for the name before Lucasfilms found out and sued them.
There were some similar arguments in the case like the idea if they could get a trademark on the name it would somehow make it not copyright infringement.
There’s also an attempt to make an argument about Lucasfilms maybe not having the copyright due to lack of work for hire agreements.
All these got completely shut down in the summary judgement for Lucasfilms by the judge.
It looks like the DLC launched a few days ago. Kinda explains sudden the PR push here. I guess they were hoping to have their case laid out preemptively.
What a complete PR disaster and perfect demonstration of how not to do it. They thread was dead for a while on lack of developments. They come with nothing new but to just make the same arguments that nobody seems to be buying, and then start insulting the community while simultaneously playing the victim card. Great job of kicking the hornet’s nest right before people notice the latest egregious steps being taken in this quite blatant IP grab.
Based on Stardock’s beta 3 announcement there is now an Arilou ship in the game.
TOP CHANGES IN BETA 3
New Ships
Arilou Observer
Now you see them…and now you don’t! The Arilou are a race of green-skinned aliens who admit to having been watching the human race for a very long time. Creepy.This orb-like ship is fastest-moving and has a limited close range, but that doesn’t mean it isn’t dangerous! The Arilou Observer can use its cloaking device to stay hidden from its enemy, choosing the opportune moment to reveal itself and strike. Its primary weapon, the octomator, fires in eight directions at once, so aiming is totally optional!
So it looks like they are both releasing free DLC now in order to have exhibits to use for their trademark claims and including some of the original aliens in the game itself.