Virtual Legality

Virtual Legality 11 - 2: Look, Feel, And The DMCA (Hoeg Law)


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With Paul Reiche III and Fred Ford having now disclosed evidence of their claims against Stardock and Star Control: Origins, it's clear that they are challenging infringement based on the "look and feel" of the game, rather than the component assets.
Why should such a claim make the industry nervous?
And just how can the DMCA be better drafted to prevent more spurious claims?
Regardless of how you feel about Brad Wardell, Stardock, or Star Control, if you like games, or the game industry, this is a story you are going to want to follow closely.
FULL DISCLOSURE: Hoeg Law is located near Stardock's headquarters and has had numerous personal and professional contacts with the company. No part or portion of the matters discussed in this video have been discussed by Hoeg Law with Stardock or any of its personnel.
CHECK OUT THE VIDEO AT: https://youtu.be/xgmX2GHF88o
***
Discussed in this episode:
"Star Control creators defend their DMCA claim against Star Control: Origins"
Polygon, January 3, 2019
(https://www.polygon.com/2019/1/3/18167140/star-control-origins-creators-dmca-stardock)
Denial of Preliminary Injunction
December 27, 2018
(https://www.scribd.com/document/396682032/Stardock-Systems-Inc-vs-Paul-Reiche-III-and-Robert-Frederick-Ford-Order-Denying-Motion-for-Preliminary-Injunction)
"Injunction Junction"
Reiche/Ford Blog Post, January 3, 2019
(https://www.dogarandkazon.com/blog/2019/1/2/injunction-junction-court-instruction)
"Star Control: Origins yanked from storefronts in latest chapter of legal battle"
Gamedaily.biz, January 2, 2019
(https://gamedaily.biz/article/478/star-control-origins-yanked-from-storefronts-in-latest-chapter-of-legal-battle)
US Copyright Act, Section 512
(https://www.law.cornell.edu/uscode/text/17/512)
***
THANKS FOR WATCHING!
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)
(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)
Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050
...more
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Virtual LegalityBy Richard Hoeg

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