The depth of this franchise's lore amazed me when I read about many months back. I hope the creative walks away with the world and Wardell is stuck with a mere husk of a name.
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Brad Wardell of Stardock is making legal trouble for the original creators of Star Control (settled)
- Thread starter Hollywood Duo
- Start date
That's actually the most likely scenario. Stardock can use the name Star Control and any new races from Star Control 3 but can't use any of the original races. Those original races are what got Stardock into truly hot water when they released the Arilou as DLC. Hubris.
Yeah, and it's also what technically happened when they bought the TM. They're allowed to use any new gameplay elements or characters from SC3, and there were enough there to use that they could've avoided the new copyright claims.
I know they were hedging their bets in pushing the Arilou/Chenjesu DLC, but when they expressly requested permission and then were denied, you have to wonder what on earth led them to believe they'd get away with it (or that it would work in their favour).
They almost outright said they believed that the copyright holders didnt have the money to sue them, and that Brad and Stardock would push through this because of that.
So now that they are sued, they are using a PR campagin to get them to back off.
PS. There's an update to the Polygon article. Pretty big update, in fact:
So the reason they're back on GOG and Valve is that Stardock have stated they'll cop all legal ramifications of them making the game available for sale again. Which I'm sure isn't purely just sales made during that time (because that would be a pittance) but also some other damages as well, I'd assume.
Wooooooooow
I'm just guessing here but it almost looks like he's using the game sales to fund his legal fight. So no clue why GOG/Valve think he has the cash at hand to cover their legal fees.
What sales? There's basically none, so I don't know where the hell the money will come from (assuming they lose, which is highly likely).
Can anyone correct me if I'm wrong, but does this mean that if Paul and Fred sue GOG and Valve for selling the game when they shouldn't (and they win), that any legal costs as well as penalties as a result of the lawsuit have to be covered by Stardick? Pretty sure it does.
Well, he just wrapped up a Humble Bundle promotion (I'm sure that counts for at least few hours of legal representation costs) but I agree with your point.
Regarding your question, seems that way.
The letter from Stardock isn't just a claim of "hey we'll cover your legal exposure here." They appear to be claiming that the original DMCA takedown notice isn't specific about what material is infringing and what that material infringes on, and thus the DMCA notice isn't valid. Whether this holds up in a legal sense, I have no idea; the original DMCA notice does note the works considered to be infringing (Star Control: Origins) and what works they are considered to infringe on (SC1 and SC2).
Caveat: I am not even close to being a lawyer.
Caveat: I am not even close to being a lawyer.
Someone mentioned this on the subreddit, and it seems to make the most sense (in relation to this latest update):
Sounds about right?
Indemnification agreements are common, especially in construction where you have an Owner, a General Contractor and subcontractors. There the shit trickles downhill and a bad indemnity agreement can have a subcontractor taking the fall for something they didn't directly cause.
Anyway, if the indemnification Stardock worked out with GOG and Steam is legal, and I'm sure it is otherwise they wouldn't have agreed to it, then Stardock is going to be on the hook for all sorts of things, almost assuredly including attorney fees.
Anyway, if the indemnification Stardock worked out with GOG and Steam is legal, and I'm sure it is otherwise they wouldn't have agreed to it, then Stardock is going to be on the hook for all sorts of things, almost assuredly including attorney fees.
The guy thanked people who used the #FreeStarControl hashtag for supporting them, etc. It was one guy posting once using that hashtag before Brad himself used it a couple times.
All he has anymore is bravado.
You mean the humble bundle where people could chose to give everyone money but Stardock?
Judge not having Stardock's recent stall tactics
https://www.courtlistener.com/docket/6239751/110/stardock-systems-inc-v-paul-reiche-iii/
https://www.courtlistener.com/docket/6239751/110/stardock-systems-inc-v-paul-reiche-iii/
Oh dear, SC:O no longer available on GOG after a DMCA claim against GOG's ISP was allegedly filed:
SC:O will still appear in searches on GOG, but clicking on it just returns you to the homepage.
SC:O will still appear in searches on GOG, but clicking on it just returns you to the homepage.
Oh dear, SC:O no longer available on GOG after a DMCA claim against GOG's ISP was allegedly filed:
SC:O will still appear in searches on GOG, but clicking on it just returns you to the homepage.
Oh dear, SC:O no longer available on GOG after a DMCA claim against GOG's ISP was allegedly filed:
SC:O will still appear in searches on GOG, but clicking on it just returns you to the homepage.
I don't believe a single word coming from Wardell's mouth, even if it's "the Sun will rise tomorrow". Until we get independent reliable sources to confirm, all we officially know for sure is that SC:O is no longer on GOG.
I'm not certain that GOG is on anyone's side really. Right now it seems that there primary concern is two fold:
- Getting the charge of fraud leveled at them by F&P dismissed
- Extracting themselves as quickly as possible from the area (case) as nobody wants to stand next to the fan as people throw piles of shit into it.
Point 2 is just an in general thing.
Oh, my point was that he claimed everyone was on his "side" when in reality Stardock just claimed responsibility for all costs incurred by Valve and GOG.
Oh that. Yeah I think it may be safe to just ignore anything Brad says unless others provide supporting evidence. Seems to quite frequently say misleading (or at worse untrue) things very often. What a mess really.
Yep, definitely intentionally misleading. "Oh, I said this but how you choose to interpret it was entirely your fault!"
An update from Paul and Fred!
They're obviously still great friends with Greg, so much so that both Paul and Fred's names appear in the credits for the new TJ&E game as backers. I would not be upset if TJ, E or Funkotron make some kind of an insignificant appearance in GotP.
to their Twitter feed, lols
They're obviously still great friends with Greg, so much so that both Paul and Fred's names appear in the credits for the new TJ&E game as backers. I would not be upset if TJ, E or Funkotron make some kind of an insignificant appearance in GotP.
According to Anatoly Shashkin (DOSNostalgia), both parties might be settling:
Taken from Twitter Feed post itself:
"Latest in Star Control lawsuit: parties are going to settle "
Taken from Twitter Feed post itself:
"Latest in Star Control lawsuit: parties are going to settle "
Now watch as Wardell takes a big loss in the settlement and tries to play it off as him "being tired of Star Control" and that he "doesn't want to make more Star Control games anyway," as if he's being magnanimous.
Stardock just lost a previous ruling in this case so it seems like they may be waking up to no chance of winning
That's a good sign. Hopefully this settlement bites them hard.
On the 14th, two of Stardock's complaints were dismissed and the deadline to amend to try and get them reinstated was today. I don't see anything on the docket yet so if they didn't file they are dismissed with prejudice. (Those two claims for were based on California Common Law Tortious Interference with Prospective Economic Advantage and California Common Law Tortious Interference with Contractual Relations). On the same day GOG's motion to dismiss was also denied (this was the Fraud claim in the in the collection of clams (Copyright Infringement, Fraud, Breach of Contract, Contributory Copyright Infringement, and Vicarious Copyright Infringement.))
Next few days we have some big looming deadlines, all culminating on the end of discovery this coming Monday (moved from tomorrow). Going to be interesting to see how this lands, but yeah I would suspect that Stardock's lawyers are may be recommending them to settle.
Next few days we have some big looming deadlines, all culminating on the end of discovery this coming Monday (moved from tomorrow). Going to be interesting to see how this lands, but yeah I would suspect that Stardock's lawyers are may be recommending them to settle.
Another delay requested (and probably granted) -- I haven't seen if the stipulation/order was signed but it looks like it was. Friday now...
The latest news seem to indicate that some kind of settlement has been reached, but we don't have any details yet apart from F&P apparently no longer disputing Stardock's ownership of the Star Control trademark. That is as expected however, so it doesn't tell us much.
There's a lot of info on the subreddit, but the most concise points/discussion I can seem to find is here on quartertothree.com. At least for now.
Great news!!
So we might even see an official announcement of GotP at E3? That would be the biggest megaton ever.
So we might even see an official announcement of GotP at E3? That would be the biggest megaton ever.
Hopefully, the settlement ends up being whatever the legal equivalent of telling Brad/Stardock to go pound sand is.
This is amazing news. Even if we don't getn an E3 announcement (it would seem crazy hurried if they just settled today), I'm so glad this ended up well for once.
