Tuesday, January 1st 2019
DMCA Claim Results in Star Control: Origins Being Pulled From Steam and GOG
While seeing DMCA (Digital Millenium Copyright Act) claims used for the removal of copyrighted content on Youtube and the like is a common occurrence, seeing it used to take a game off digital store shelves is still a relatively new concept. However, that is precisely what happened to Stardock's Star Control: Origins which released back on September 20th, 2018. The DMCA claim itself comes from exclusive copyright holders Paul Reiche III and Fred Ford who were two of the original game designers that worked on the series' first and second installments back in the early 1990s for Accolade. Considering Stardock bought the brand, trademark and publishing rights in 2013, this particular DMCA claim may not be legitimate. Even so, the game has been pulled, oddly enough the DLC remains available for purchase.
While Paul and Fred are claiming exclusive copyright in regards to the original titles as well as any related materials present in said games, they also claim similar copyright in regards to Star Control 3. Even if they do have some form of a legitimate copyright claim, Stardock's title does not use characters or story threads from the previous games and is based in a separate standalone universe. Taking into account Stardock's ownership of the brand, the DMCA claim appears to be nothing more than a form of harassment directed at Stardock. Worse yet, considering the resulting loss of income due to the DMCA claim, the company will be laying off some developers assigned to Star Control: Origins. Considering this legal dispute has been ongoing for some time you can view Stardocks side of the story on a separate webpage. Meanwhile, you can see the original DMCA takedown at the source provided below.
Sources:
Stardock, via Overclock3D
While Paul and Fred are claiming exclusive copyright in regards to the original titles as well as any related materials present in said games, they also claim similar copyright in regards to Star Control 3. Even if they do have some form of a legitimate copyright claim, Stardock's title does not use characters or story threads from the previous games and is based in a separate standalone universe. Taking into account Stardock's ownership of the brand, the DMCA claim appears to be nothing more than a form of harassment directed at Stardock. Worse yet, considering the resulting loss of income due to the DMCA claim, the company will be laying off some developers assigned to Star Control: Origins. Considering this legal dispute has been ongoing for some time you can view Stardocks side of the story on a separate webpage. Meanwhile, you can see the original DMCA takedown at the source provided below.
86 Comments on DMCA Claim Results in Star Control: Origins Being Pulled From Steam and GOG
www.documentcloud.org/documents/4385486-2635-000-P-2018-02-22-17-Counterclaim.html
That "statement" is heavily supported. False, statute of limitations literally mean something can't be litigated because it is too old. The reason why statute of limitations exist is because the further back something happened, the fewer records there are of it and witness testimony is mostly useless. If the wounded party didn't feel it was necessary to litigate years earlier, then it is not worth the court's time to litigate at all. Wardell has been extremely consistent in saying that Star Control: Origins uses nothing from Star Control I nor II. It is a new IP using the Star Control trademark he owns. The DMCA takedown will likely be rescinded pretty quickly when Reiche and Ford have no proof Stardock violated the copyrights they hold. AFAIK, it was never released.
Atari was selling SC1/2 on GOG in 2011 (likely earlier than that): Atari confirmed what Reiche and Ford claimed: Atari, GOG, Reiche, and Ford reached an agreement: Stardock assumed Atari's place in that agreement when the sale occurred in 2013.
Stardock appears to have unilaterally begun selling SC1/2 on Steam in 2017. Reiche and Ford sent a takedown request to Steam, Steam denied it. In response to this, Reiche and Ford pulled out of their 2011 agreement with GOG which caused GOG to remove the games from its platform. Stardock submitted a counter claim and GOG continued to sell the games.
Blah, blah, blah.
Stardock is in a lot of trouble in regards to SC1/2. The court can reasonably be expected to enforce Reiche and Ford's copyrights which Stardock blatantly violated.
Stardock will countersue in regards to trademark use violations and damages incurred as a result of DMCA takedown on Star Control: Origins.
I suspect there will be a settlement where Stardock gives the Star Control trademark and StarControl III to Reiche and Ford in exchange for a license agreement to continue to sell and promote Star Control: Origins (the only thing of real value here to Stardock).
I think you misunderstand a few things, you think I misunderstand a few things. Regradless, the court of jurisdiction will decide these matters, we will not. So arguing about them like this is kinda pointless.
No matter what arguments are made, it is clear Atari made a few mistakes and then Stardock made a few more. Reiche and Ford are not the villains here at all. Their rights have been trampled under foot and they've had enough. It's in the hands of a seemingly competent court. If Stardock had any sense they would find a way to settle unless they have completely burnt that bridge, otherwise it seems they're gonna get even more roasted than they already have been. Had to fix that for you. Reiche/Ford are protecting their rights, nothing more.
Ideally there would be a cross-licensing settlement but Reiche and Ford have consistently dismissed the idea. They've even dismissed the suggestion of buying the trademark at cost ($305,000)…
I think what's going to happen is that:
1) Star Control trademark will be enforced meaning Reiche and Ford can't use it without paying licensing fees to Stardock.
2) Reiche and Ford nor Stardock can sell SC1 nor SC2 without some kind of licensing agreement (conflicting copyright and trademark).
3) Reiche and Ford will be ordered to pay damages in regards to Ghost of the Precursor and DMCA takedown.
4) Stardock will be ordered to pay for copyright infringement in regards to SC1/2/3 sales.
5) SC1, SC2, and characters from them in SC3 belong to Reiche and Ford.
6) Star Control trademark and SC3 in general belong to Stardock.
So far, no idea what the court will think though.
Stardock's request for injunction was expected to fail. Court will not (and can not) take away legal rights such as right to send a DMCA notice.
As clear cut as a case may sound, if it's not dismissed outright, it has to be heard in court. I'd say let's not jump the gun, the judicial system can be fairly unpredictive. At least for the layman.
www.documentcloud.org/documents/4385486-2635-000-P-2018-02-22-17-Counterclaim.html Both sides are requesting trial and both sides have merit (were demonstrably damaged by the opposing party) for a trial. There's no chance it will be dismissed. Chances of a settlement are near zero (Stardock is willing, Reiche and Ford are not). Odds of trial are extremely good.
www.dogarandkazon.com/blog/2019/1/2/injunction-junction-court-instruction
Despite the wall of text in both lawsuits this will end up in status quo on what the situation with trademark/copyright ownership is. In addition to their communication from before both sides have now stated publicly that they are in agreement. Reiche has SC1/2 and Stardock has Star Control name and parts of SC3 plus some minor marketing stuff. I would be very surprised if court finds otherwise.
What court will decide is which infringements have occurred and what the damaged to be paid are. And it does seem that this will go both ways :(
It is obvious Origins is based more on Star Control II than Star Control 3. Stardock should settle and that settlement needs to include royalty payments to Reiche and Ford. They're probably going to have to license Ghost of the Precursors free of charge too.
Judging by that picture, I'd say the DMCA takedown was justified. Wardell should have known better.
It's truly a gem, if you can spare the time at least give the Ur-Quan Masters a chance.
You are right about games that old not aging well though.
Also, this has aged well (much of the game is about soundtrack and humor). The only thing I had a problem was the space battles, my reflexes aren't what they used to be.
Give it a few hours. It's free and if it's not your cup of tea, you'll be able to tell rather quickly.
I should play it just for the sake of verifying what Reiche and Ford claimed having played Origins too.
Combat in Origins is pretty brutal too. I blame the controls and how the ship behaves. It's...unconventional...
Toys for Bob was purchased in 2005 by Activision. Strange that they used their company name instead of their name as they did with the original games.
Edit: Okay, Star Control: Origins is basically a plagiarized version of Star Control II: The Ur-Quan Masters. Take SC2 and update it with a modern 3D engine, swap species for another (e.g. Ur-Quan with Scryve), and you got SCO.
I got raped in the first space battle and there is no autosaving. Woe is me. I kind of want to keep playing it but...eh...