Quote: Original post by Yann L

Quote: Original post by Promit
I assume this team has the permission of the people who actually own the IP?

Quote: But Yves Grolet founded a new company, ElseWhere Entertainment, which was very interested in creating a sequel to Outcast. Unfortunately Infogrames, holder of the rights, resisted a petition of the Outcast community. And so we started our own project to create a sequel to Outcast.

Sounds like they don't. Morons.

I just don't get these people. They put all that effort and time into a project when they damn well know that it only takes one single moment (and a C&D letter) to completely bury the game for all eternity, which could happen at any time. They're at the whim of virtually anyone even remotely connected to the legal department of the IP holder. One of the lawyers (or even just assistants) there has a bad day, and bam, all the work they put into this is gone from one second to the next. How motivating.

But hey, in case the game gets shut down, they get to protest in the internet forums and make petitions and curse the evil company and such! That's almost as fun as making the game!

One a similar note...does Black Mesa Source has permission? Please tell me it has, I'm hyped about that game.

Quote: Original post by Yann L

Quote: Original post by Promit
I assume this team has the permission of the people who actually own the IP?

Quote: But Yves Grolet founded a new company, ElseWhere Entertainment, which was very interested in creating a sequel to Outcast. Unfortunately Infogrames, holder of the rights, resisted a petition of the Outcast community. And so we started our own project to create a sequel to Outcast.

Sounds like they don't. Morons.

I just don't get these people. They put all that effort and time into a project when they damn well know that it only takes one single moment (and a C&D letter) to completely bury the game for all eternity, which could happen at any time. They're at the whim of virtually anyone even remotely connected to the legal department of the IP holder. One of the lawyers (or even just assistants) there has a bad day, and bam, all the work they put into this is gone from one second to the next. How motivating.

Maybe it's the thrill that they go for... like train surfing or something.

Quote: Original post by Wan

Quote: Original post by Moe
I really should get around to finishing Todo 4.0...

Yeah, you should really put that on your todo list.

Heheh :D


As for the copyright situation, maybe they see it as an excercise to strengthen their skills. (or at least it's what they could tell themselves afterwards, to not freak out) This is something that won't go awaste if the project gets frozen.

Quote: Original post by UnshavenBastard
As for the copyright situation, maybe they see it as an excercise to strengthen their skills. (or at least it's what they could tell themselves afterwards, to not freak out) This is something that won't go awaste if the project gets frozen.

But they would get the same experience with an original game and the extra bonus that they would actually get to show it to people/distribute it.

Quote: Original post by mikeman
One a similar note...does Black Mesa Source has permission? Please tell me it has, I'm hyped about that game.

Yes, it does. Valve is generally supportive of fan efforts. Rest easy (assuming it ever get finished).

Unfortunately I can't think of many other examples of this happening. Troopers (a star wars mod for UT2k4) got through with LucasArt's blessing. Aside from that... just a big long lists of C&D letters.

Quote: They put all that effort and time into a project when they damn well know that it only takes one single moment (and a C&D letter) to completely bury the game for all eternity

So tell me why theres 100 tetris(*) clones running around

(*)or any one of a thousand other games

Quote: Original post by zedz
So tell me why theres 100 tetris(*) clones running around

Because it takes like 30 minutes to write a Tetris clone, that's not much time you put at risk being wasted. And while the trademark is still actively enforced (and you could indeed get a C&D letter for calling your falling block game Tetris), the gameplay itself is not. In the case of that Outcast clone however, they blatantly violate essentially any trademark and IP they could possibly find related to the game.

Heh, call a Tetris clone (in fact, any computer game) something like *tris and you will see how fast TTC is all over you.

>>Heh, call a Tetris clone (in fact, any computer game) something like *tris and you will see how fast TTC is all over you.<<

sending a C+D letter is just a threat (I can send one to you to C+D with your posts, are u gonna stop? :) )

from your link

Quote:
TTC drew attention in the late 90s when it attempted to remove every freeware and shareware version of Tetris from the market by sending out cease-and-desist letters claiming both trademark and copyright infringement. Creators of Tetris clones determined that the company has no valid legal basis to claim rights to any tetromino game that does not infringe on the Tetris name trademark, since copyright "look-and-feel" suits have not stood up in court in the past (Lotus v. Borland), and because the letters made no patent claims.

Sure I think a lot of ppl would be scared with receiving such a letter (which is precisely the reason they send them, cause often ppl buckle under pressure + choose the path of least resistence) but as far as actual legal power, TTC are just farting in the wind

scenario
- outcast lawyers send letter to the outcast clone makers to C+D
- outcast clone makers change the name of the game to "inhook", change a few things ingame
- outcast lawyers (damn they outsmarted us!!!)

well I learned something with this thread 'tetromino' is what that famous game is, not 'tetris'

Quote: Original post by zedz
sending a C+D letter is just a threat

Actually no, it is not. It has a very well defined meaning in most jurisdictions. It changes the infringement from good faith to bad faith, which can considerably increase the damages and legal remedies the IP holder can demand. Without a C&D letter, the defendant can argue that he didn't know that he was infringing. The court can take this as good faith and reduce the damages to be paid. After receiving a C&D letter, yet continuing the infringement, the defendant cannot claim good faith anymore. Full damage claims then apply.

Quote: Original post by zedz
scenario
- outcast lawyers send letter to the outcast clone makers to C+D
- outcast clone makers change the name of the game to "inhook", change a few things ingame
- outcast lawyers (damn they outsmarted us!!!)

That's not how it works. They would have to modify all infringing elements, which in this case means basically the entire game.