For more:
Please check out my #VirtualLegality episode on the topic -https://youtu.be/gVJIgLnDbcQ
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@Dogar_And_Kazon's own post on the subject:https://www.dogarandkazon.com/blog/2019/1/2/injunction-junction-court-instruction …Show this thread -
The write-up by
@gamedailybiz and@JohnnyCullen (with commentary from@HoegLaw):https://gamedaily.biz/article/478/star-control-origins-yanked-from-storefronts-in-latest-chapter-of-legal-battle …Show this thread -
A useful exercise: Take "Star Control" out of it. If the game Stardock released was just called Origins, would you view the listed qualities as "infringing"? How about Fortnite and PUBG? Assassin's Creed Odyssey and Witcher/Dragon Age/Diablo/Mafia 3? HotS and LoL?
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It seems fairly compelling to me.
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I think if you really wanted to give R+F the benefit of the doubt and presume bad faith you could maybe squint and call Origins a clone of SC2. But it would be a clone with new ideas and twists of its own and cloning (without copying code or assets) is not (generally) infringing.
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There is no question the story beats (the real meat of a Star Control) are nothing alike.
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Yes, but Stardock dared use the letters S and C in their game, and therefore must be punished and slathered in shame.
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As an attorney, how often are you presented with such a blatant smoking gun?
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More than you might think. ;) Not usually in public though.
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isn't hyperspace also a thing they call it in star wars? what a silly thing to claim is copyright infringement
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It's not the name It's not the appearance It's not the mechanics It's not the lore It's the name AND the appearance AND the mechanics AND the lore
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Yes, sure, no tiny individual piece of something is copyrightable Copyright applies to the specific combination of individual elements to form a creative work
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The name was unequivocally purchased, so thats pretty much out the window
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Are you saying they bought the trademark to the word "Hyperspace", or that "Hyperspace" was a trademark used to market the Star Control brand and identify it to consumers
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They bought the trademark and name of StarControl
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Which has nothing to do with the use of Star Control's idea of Hyperspace
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Which is apropos of nothing given how generic hyperspace is in all forms of SciFi for decades.
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NONE of this can be copyrighted??? "Your game looks simialr to ours and uses words (that are often used in a multitude of other media) and mechanics are similar so it's not okay" It's like suing No Mans Sky for the same thing
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Like yeah the simialrties ARE too close tbh but nothing that can eb grounds for DMCA, most they could do is claim the game is copying theirs not violating copyright.
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Have you played the game? If you had, you would find that even their ridiculous comparisons are a huge stretch.
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Let me give you an example. Both games have resource collection right? But here is what they look like:pic.twitter.com/Hn5qgO4c5h
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Or take Hyperspace travel. One shows actual solar systems, ships flying withing the star systems, etc. How many different ways can you possibly portray ships traveling across the galaxy? The UI isn't even similar.pic.twitter.com/IJRxDj4GGP
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