The Silver Lining Cease and Desist
Posted: Sun Feb 28, 2010 9:07 am
Discuss AGDI's King's Quest and Quest for Glory remakes, and other Sierra On-line games.
http://www.agdinteractive.com/forum/
Not really. What's the point of shutting down fan projects early when the vast majority of them self-destruct well before completion? Square-Enix did the exact same thing to the Crimson Echoes project, an Chrono fangame. It may be personally rude to individuals, but it makes sense from a corporate, legal, and monetary point of view.Anonymous Game Creator 2 wrote:It's certainly underhanded, in my opinion, for Activision to knowingly wait until a team has a review version of the game before pulling the plug on them.
I understand that. Having released a commercial game ourselves, I can comprehend Activision's reasoning behind their decision. And let's face it, they'd have to have rocks in their heads not to expect some fallout, since they're obviously aware of what happened regarding Vivendi's 2005 Cease & Desist. Since this is history repeating, I think Activision probably knew in advance what type of reaction to expect. I'd also suggest that their actions aren't merely rude, but void of any tact whatsoever!Not really. What's the point of shutting down fan projects early when the vast majority of them self-destruct well before completion? Square-Enix did the exact same thing to the Crimson Echoes project, an Chrono fangame. It may be personally rude to individuals, but it makes sense from a corporate, legal, and monetary point of view.
You're assuming unpaid tribute fangames = all of the indie development world. Activision can easily support indie development of new titles unrelated to IPs the company currently holds while still keeping old rights tight to the chest. It's annoying, but true.oberonqa wrote:I would agree with what you wrote AGC2 except for one thing... Bobby Kotic (CEO of Activision) gave a keynote address at this year's DICE in regards to the company's desire to encourage and foster indie game development. The TSL C&D came shortly after DICE and completely destroys Bobby Kotic's credibility with indie game developers.
Very true... but let me ask you this. If Valve had taken the C&D stance regarding modifying Counterstrike way back when it was a mod, how different would the landscape of the game industry be today? Back when Counterstrike was a mod, it was considered highly controversial due to how it modified the Half Life game. Back then, Valve did not have the policy it became known for regarding open-modding of it's game. It was because of Counterstrike's success that Valve adopted that policy.Brainiac wrote:You're assuming unpaid tribute fangames = all of the indie development world. Activision can easily support indie development of new titles unrelated to IPs the company currently holds while still keeping old rights tight to the chest. It's annoying, but true.
What works for one company may not work for another. Valve has deliberately cultivated the image of a game company for users (and a viable for of "when it's done" mentality). Activision, as Blackthorne said, was founded on the principle of crediting software's author. If you get credit for what you create, it's understandable that you become a bit more protective of the work.oberonqa wrote:...but let me ask you this. If Valve had taken the C&D stance regarding modifying Counterstrike way back when it was a mod, how different would the landscape of the game industry be today? Back when Counterstrike was a mod, it was considered highly controversial due to how it modified the Half Life game. Back then, Valve did not have the policy it became known for regarding open-modding of it's game. It was because of Counterstrike's success that Valve adopted that policy.
oberonqa wrote:Or how about the fan artists that put up a comic featuring Street Fighter characters in a grungy Los Angeles and some rather... interesting pairings (Ken and Chun Li in a back alley for example). They ended up being hired by Capcom to produce the Street Fighter OV anime.
Again, different medium. DeviantArt is also a well-established site of an absolute multitude of works, both fan-based and original. It makes it much harder to take down. A stand-alone project like TSL is just that...alone.oberonqa wrote:Or how about the hundreds of artists that put up artwork on DeviantArt based on characters in videogames and movies? What is to stop any of them from getting a C&D from an IP owner? It's called freedom of expression and as long as you are not making money off of someone else's work and you give credit to that persons work, it's not a breach of copyright or IP law.
Okay, you're veering into inaccuracy here. First off, Square-Enix has gone after fangames and fan remakes before. They're particularly infamous for going after Chrono projects (various Chrono Trigger remakes and the Crimson Echoes "midquel," for example). As to the infamous FF7 NES game, it's a pirate game, not a fangame. It's also Chinese, not Japanese, and China is fairly notorious for its lax copyright and trademark law. It's also a DOWNGRADE relative to the original title on obsolete hardware rather than an equal or upgraded system like most fan remakes or fan sequels. But in the end, it is STILL Final Fantasy VII. Square-Enix may simply not have gone after them because the company was in China and thus much harder to deal with by law or they may simply have been unaware of the game until it was released (and at that point, the genie isn't going back in the bottle). TSL announced its presence to Activision. They basically painted a target on themselves, and you think it's wrong for a company that makes money from control of IPs not to shoot? I quote Tim Schafer's Twitter concerning Activision's action with Infinity Ward: "Getting mad at Activision for this kind of thing is like getting mad at an ape for throwing feces. It's just how the beast communicates."oberonqa wrote:And in the end, that's what TSL is. An interactive fanfic. The only difference between TSL and the hundreds of fanfics about <fill in the blank popular culture IP such as Buffy the Vampire Slayer or Final Fantasy VII) is it's got a C&D. Actually, FFVII brings up a very good point. Have you ever stopped to wonder why Square Enix never went after the guy who made a Famicon/NES version of Final Fantasy VII? I mean... if there was ever a case of C&D-bait, it would surely be that wouldn't it? But yet... Square Enix has never gone after this guy.
Why?
Because all the game assets in that cartridge/ROM is hand made. The guy didn't rip anything from the official game. Not one character model, background image, sound effect, or music track. The guy hand-drew every single sprite and every single background. He used public-domain MIDI conversions (provided by Square I might add) to make the soundtrack. In short, he made a new game that told the same story as FFVII on the PSX. But yet... he's never gotten a C&D. You could go to Tokyo today and run into him on a street corner and he'd happily give you a boxed copy of the game. And he does it free and clear.
Again, location matters and making yourself known before release matters. Part of the reason AGDI got their license (besides Vivendi being more permissive) was that by the time the rights holder was aware of the group, the first game was already out. They couldn't unring the bell, so they did damage control as best they could. As to your argument that Graham is completely different due to being older, wearing different clothes and a darker-colored adventurers hat, I REALLY think you need a grounding in copyright law. It's still Graham, it's still King's Quest, it's still the name. It's infringement under the law. You may not like it, but it's true. Not stealing art assets, making it all yourself, is irrelevant. It's still the copyrighted character.oberonqa wrote:What is so different between that and TSL? No art assets were taken from the KQ games. As you are all aware, every art asset in TSL had to be hand-made due to the conversion to 3D. No music was taken from the game. The story is even original. The only thing that Activision owns that is used by TSL are the names of characters, locations, and references to events of other games. You can't even say the character model of King Graham is copyright infringement because the Graham in TSL is older than he was in KQ6 and there are subtle differences in his outfit (the infamous adventurer's hat is a different shade of blue than the sprite that has quantified the hat in the 2D games).
You're comparing apples and anvils now. Rock Band isn't Guitar Hero, after all. It's the same genre, the same style, but it's a different title. A game called Octopus Villain with a different track system is certainly not infringing (presuming they don't steal assets or fail to license their songs). But if they called it "Guitar Hero 7-Style," Activision would definitely have full cause to shut them down (and would be quite justified by most people, I'd say). TSL is a King's Quest game. The name and comparison is there, even after the enforced name change from the Vivendi days. Thus, it's infringement, and it is gone.oberonqa wrote:And that is why the TSL C&D is of concern to the indie development community as a whole. Activision is laying claim to an entire work because they say it's copyright infringement when in reality... only 30% of the game could even be considered possible copyright infringement and only by the loosest definition of the word (especially considering the copyright infringement in question is in regards to an IP that has been inactive for 12 years and has seen sporadic surges in sales on Amazon Marketplace for one reason or another). What is to stop Activision from shutting down an indie game that bears a resemblence to Guitar Hero, but has 7 tracks instead of 5 tracks and is called Octopus Villian? The game would bear a striking resemblence to Guitar Hero... but as we all know Guitar Hero is based around 5 tracks at the hardest difficulty. Basing a game around 7 tracks would make it an entirely new game. But what Activision is saying is that resemblence is enough to shut it down.
oberonqa wrote:That is wrong. It's also hypocracy at it's finest given Kotick's remarks at DICE. Any and all indie developers are at risk from Activision because Activisions games span a wide range of types and demographics. God help the poor group that makes a World War 2 first person shooter to submit for the indie competition... because Activision might consider that to be enough of a resemblence to Call of Duty to shut it down.
No, but you can trademark it. Using your toaster example, if I make an improved version of a Oster toaster and market it as a "sequel" to that brand's toasters, I AM IN THE WRONG. Legally speaking, no matter how cool my toaster is, no matter how much the public loves my toaster, I'm breaking the law. Now had I made this toaster, gone to Oster, presented it and asked for support, they could have granted it but insisted I not call it an Oster. That's closer to the potential relationship Bobby Kotick claimed to want at DICE. The whole idea of Intellectual Property and Artistic Rights is that the profit from ideas belongs to someone in the realm of fiction. Stories are different beasts than toasters, after all.oberonqa wrote:I'll close with this one last thought. You cannot copyright an idea. You can only copyright an implementation. A person can copyright a schematic for a toaster. A person cannot copyright the idea for a toaster. Think on that and then apply that reasoning to indie game development and see where it leads you.