Difference between revisions of "Stardock Systems Inc. v. Paul Reiche III and Robert Frederick Ford"

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** [http://tsdr.uspto.gov/#caseNumber=87772787&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "The Ur-Quan Masters" - Paul Reiche III]
 
** [http://tsdr.uspto.gov/#caseNumber=87772787&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "The Ur-Quan Masters" - Paul Reiche III]
 
** [http://tsdr.uspto.gov/#caseNumber=87810528&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "Melnorme" - Stardock Systems Inc]
 
** [http://tsdr.uspto.gov/#caseNumber=87810528&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "Melnorme" - Stardock Systems Inc]
 +
** [http://tsdr.uspto.gov/#caseNumber=87810518&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark: (Filed): "Arilou" - Stardock Systems Inc]
 
** [http://tsdr.uspto.gov/#caseNumber=87810526&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "VUX" - Stardock Systems Inc]
 
** [http://tsdr.uspto.gov/#caseNumber=87810526&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "VUX" - Stardock Systems Inc]
 
** [http://tsdr.uspto.gov/#caseNumber=87810516&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "Pkunk" - Stardock Systems Inc]
 
** [http://tsdr.uspto.gov/#caseNumber=87810516&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Trademark (Filed): "Pkunk" - Stardock Systems Inc]

Revision as of 00:20, 7 April 2018

Basic background

  • who, what, why...

Copyright

Who owns the copyrights in Star Control 1, 2, and 3?

Star Control 1

Copyrighted: 1989-90 - Reiche and Ford

Star Control 1 Title Screen

Star Control 2

Copyrighted: Paul Reiche III and Fred Ford

Copyright Registration: PA0002071496

Disputed Elements: Artistic content not created by Reiche and Ford could belong to the original artists.

Music

When P&F made SC2, they held a contest to make the theme songs. Riku Nuottajärvi won the contest, and supplied much of the music. We do not currently know the terms of the license P&F used Riku's music under. We can presume that it was not exclusive, because Riku has since released new remixes of that music. However, we do not know if the license permitted additional derivative works - something that would be necessary if GotP is to use new versions of the SC2 music.

Stardock hired Riku as the music lead for SC:O. It is also not known what license terms he's developing the SC:O music under; if he is a regular employee, Stardock will probably own the copyright to any music he creates. Moreover, he will probably be under a non-compete agreement that would prohibit him working on GotP for some time, even if he were to leave Stardock. If he is an independent contractor, then he could be under different terms.

The bottom line is that the music situation is shaping up to be one of the many thorny issues in this suit. Stardock reacted very negatively to the terms in P&F's proposed settlement that would have precluded their use of its music, and Paul and Fred are known to be reviewing their records for the ownership and licensing of the music in SC2. We will have a better sense for the situation when/if the license terms for the music are revealed through the court discovery process.

On the other hand, though, section 1.5 of Addendum 3 to the 1988 contract includes music under the the intellectual property "owned by Reiche." How these things fit together remains to be seen.

Star Control 2 Title Screen

Star Control 3

Copyrighted: 1996 Accolade, Inc

Copyright Registration: PA0000799000

Disputed Elements: Elements in Star Control 3 that derived from Star Control 2 could belong to Reiche and Ford.

Star Control 3 Title Screen

What rights are protected under copyright?

What is a derivative work?

... what's the dispute ...

How does the DMCA takedown process work?

Licensing agreement

What is a licensing agreement?

... 1988 licensing agreement ...

... acquisition of licensing agreement ...

Trademarks

Who owns the Trademark in "Star Control"?

What rights are protected under Trademark?

From the United States Patent and Trademark Office: "A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."

... what's the dispute ...

What about the recent Trademark applications?

Unfair competition

What are the allegations of unfair competition in each lawsuit?

Why does it matter if P&F call themselves the "creators of Star Control"?

Why does it matter how Stardock described their relationship with P&F leading up to SC:O?

Timeline of Star Control history

Creation and release of Star Control 1-3: 1988-1999

  • 1988 agreement
  • Games

Disappearance, legacy, and re-emergence: 1999-2013

  • Interviews
  • Best of
  • GOG

During the 2000s (if not later), Toys for Bob's website would periodically mention their desire for a new Star Control. Unfortunately archive.org has not preserved its Flash format well. However, some of the updates can be found on the Star Controller blog. Employee Alex Ness (who did not work on the original games) seems to have written most of the updates, but since it was on their official site we can assume it represented the Toys for Bob management too.

  • In April 2001, Addendum 3 to the original contract expired. According to Reiche and Ford, by this date all rights to SC1/2 reverted back to them except the trademark.
  • In June 2006, TFB's website updated with "We (I) [written by TFB employee Alex Ness] want us to do a Star Control sequel."
  • In June 2007, the TFB site's news Well, we have talked to our parent company Activision about doing a Star Control sequel, quite seriously, and there did honestly seem to be some real live interest on their part.
  • In September 2007, Atari renewed the Star Control trademark, which Reiche and Ford's counterclaim argues was invalid.
  • In August 2010, in a topic about an SC sequel, Fred Ford wrote on the Star Control discussion board "On a side note, I want to mention that I've started doing some unspecified work away from the office after some early and continuing conversations with Paul. Just saying...and it's way early yet...and it's just me...so, yeah." He followed up by saying "It will definitely be in our spare time for a while...this is not a TFB venture. It is a Paul and Fred venture."
  • In 2013, Atari filed for bankruptcy.
  • In July 2013, Stardock bought Atari's "Star Control" assets.

Timeline of legal dispute

Stardock's new game: 2013-2017

  • bankruptcy and sale
  • development

Private and public dispute: 2017-present

  • public statements
  • claims
  • settlement offers

List of References

Court Received

Fred and Paul Provided

Stardock Provided

Federal Trademark and Copyright Registrations

Game Related Materials

Screenshots

  • Star Control 1 Title Screen

  • Star Control 2 Title Screen

  • Star Control 3 Title Screen

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