Virtual Legality

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

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

One of gaming's biggest legal scuffles of 2018 has apparently boiled over as Paul Reiche III and Fred Ford have issued a DMCA takedown notice against Star Control: Origins and Stardock, causing both Steam and GOG to remove the game.

What is the reason behind the notice?

How does the DMCA work?

Why are Steam and GOG all but required to follow the instructions of the takedown due to the language of the Copyright Act?

And what does this mean for Star Control, Stardock, and future use or abuse of the DMCA?

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/gVJIgLnDbcQ

***

Discussed in this episode:

"Star Control: Origins Will be Coming Down"

Steam Post, December 31, 2018

(https://steamcommunity.com/app/271260/discussions/1/1742229167221237036/)

Q+A Regarding Star Control and Paul and Fred

Stardock Forum Post, February 2018

(https://www.stardock.com/games/starcontrol/article/487690/qa-regarding-star-control-and-paul-and-fred)

"Notice of Copyright Infringement" (DMCA Takedown)

December 28, 2018

(https://content.screencast.com/users/draginol/folders/Snagit/media/530875f0-933f-4aff-943c-d15035d58a3a/12.31.2018-16.33.png)

"Stardock acquires Star Control rights in fire sale, plans reboot"

Ars Technica, July 24, 2013

(https://arstechnica.com/gaming/2013/07/stardock-acquires-star-control-rights-in-fire-sale-plans-reboot/)

US Copyright Act, Section 501

(https://www.law.cornell.edu/uscode/text/17/501)

US Copyright Act, Section 106

(https://www.law.cornell.edu/uscode/text/17/106)

US Copyright Act, Section 101

(https://www.law.cornell.edu/uscode/text/17/101)

US Copyright Act, Section 512

(https://www.law.cornell.edu/uscode/text/17/512)

US Copyright Office Summary of the DMCA

December 1998

(https://www.copyright.gov/legislation/dmca.pdf)

***

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

One of gaming's biggest legal scuffles of 2018 has apparently boiled over as Paul Reiche III and Fred Ford have issued a DMCA takedown notice against Star Control: Origins and Stardock, causing both Steam and GOG to remove the game.

What is the reason behind the notice?

How does the DMCA work?

Why are Steam and GOG all but required to follow the instructions of the takedown due to the language of the Copyright Act?

And what does this mean for Star Control, Stardock, and future use or abuse of the DMCA?

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/gVJIgLnDbcQ

***

Discussed in this episode:

"Star Control: Origins Will be Coming Down"

Steam Post, December 31, 2018

(https://steamcommunity.com/app/271260/discussions/1/1742229167221237036/)

Q+A Regarding Star Control and Paul and Fred

Stardock Forum Post, February 2018

(https://www.stardock.com/games/starcontrol/article/487690/qa-regarding-star-control-and-paul-and-fred)

"Notice of Copyright Infringement" (DMCA Takedown)

December 28, 2018

(https://content.screencast.com/users/draginol/folders/Snagit/media/530875f0-933f-4aff-943c-d15035d58a3a/12.31.2018-16.33.png)

"Stardock acquires Star Control rights in fire sale, plans reboot"

Ars Technica, July 24, 2013

(https://arstechnica.com/gaming/2013/07/stardock-acquires-star-control-rights-in-fire-sale-plans-reboot/)

US Copyright Act, Section 501

(https://www.law.cornell.edu/uscode/text/17/501)

US Copyright Act, Section 106

(https://www.law.cornell.edu/uscode/text/17/106)

US Copyright Act, Section 101

(https://www.law.cornell.edu/uscode/text/17/101)

US Copyright Act, Section 512

(https://www.law.cornell.edu/uscode/text/17/512)

US Copyright Office Summary of the DMCA

December 1998

(https://www.copyright.gov/legislation/dmca.pdf)

***

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

A real life conflict between bandits and the law!

Pinkerton Consulting & Investigations has asked for a lump sum from Rockstar Games in connection with the use of their name in Red Dead Redemption 2. Rockstar (through parent Take Two Interactive) has sued to ask the court to throw out their request.

Is this just a simple case of folks looking to steal a piece of Red Dead's massive success?

Or does Rockstar's fictionalization of virtually everything except the Pinkerton name give the centuries' old detective agency a legal leg to stand on?

Join us in Virtual Legality as we dive into the legal details of Rockstar's lawsuit, the Lanham Act, 1950s television and so much more!

CHECK OUT THE VIDEO AT: https://youtu.be/R7h931Zg5Aw

#RDR2 #Pinkertons #VirtualLegality

***

Discussed in this episode:

"The real Pinkertons aren't happy with 'Red Dead Redemption 2"

Engadget, January 15, 2019

(https://www.engadget.com/2019/01/15/pinkerton-legal-fight-over-red-dead-redemption-2/)

Take Two Interactive vs. The Pinkertons

US District Court Filing (SDNY), January 11, 2019

(https://www.scribd.com/document/397458834/Take-Two-Interactive-vs-Pinkerton?campaign=SkimbitLtd&ad_group=66960X1514734X807bfeeee66a78a4e189c932928dbffc&keyword=660149026&source=hp_affiliate&medium=affiliate)

"Nominative Use"

Wikipedia

(https://en.wikipedia.org/wiki/Nominative_use)

"Guns of Red Dead Redemption 2"

Range 365, November 9, 2018

(https://www.range365.com/guns-red-dead-redemption-2)

"Wapiti Indians"

Red Dead Wiki

(http://reddead.wikia.com/wiki/Wapiti_Indians)

First Amendment to the US Constitution

(https://www.law.cornell.edu/constitution/first_amendment)

Trademark (Lanham) Act

15 USC 1125

(https://www.law.cornell.edu/uscode/text/15/1125)

Trademark (Lanham) Act

15 USC 1115

(https://www.law.cornell.edu/uscode/text/15/1115)

***

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

A real life conflict between bandits and the law!

Pinkerton Consulting & Investigations has asked for a lump sum from Rockstar Games in connection with the use of their name in Red Dead Redemption 2. Rockstar (through parent Take Two Interactive) has sued to ask the court to throw out their request.

Is this just a simple case of folks looking to steal a piece of Red Dead's massive success?

Or does Rockstar's fictionalization of virtually everything except the Pinkerton name give the centuries' old detective agency a legal leg to stand on?

Join us in Virtual Legality as we dive into the legal details of Rockstar's lawsuit, the Lanham Act, 1950s television and so much more!

CHECK OUT THE VIDEO AT: https://youtu.be/R7h931Zg5Aw

#RDR2 #Pinkertons #VirtualLegality

***

Discussed in this episode:

"The real Pinkertons aren't happy with 'Red Dead Redemption 2"

Engadget, January 15, 2019

(https://www.engadget.com/2019/01/15/pinkerton-legal-fight-over-red-dead-redemption-2/)

Take Two Interactive vs. The Pinkertons

US District Court Filing (SDNY), January 11, 2019

(https://www.scribd.com/document/397458834/Take-Two-Interactive-vs-Pinkerton?campaign=SkimbitLtd&ad_group=66960X1514734X807bfeeee66a78a4e189c932928dbffc&keyword=660149026&source=hp_affiliate&medium=affiliate)

"Nominative Use"

Wikipedia

(https://en.wikipedia.org/wiki/Nominative_use)

"Guns of Red Dead Redemption 2"

Range 365, November 9, 2018

(https://www.range365.com/guns-red-dead-redemption-2)

"Wapiti Indians"

Red Dead Wiki

(http://reddead.wikia.com/wiki/Wapiti_Indians)

First Amendment to the US Constitution

(https://www.law.cornell.edu/constitution/first_amendment)

Trademark (Lanham) Act

15 USC 1125

(https://www.law.cornell.edu/uscode/text/15/1125)

Trademark (Lanham) Act

15 USC 1115

(https://www.law.cornell.edu/uscode/text/15/1115)

***

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

In this episode, Richard Hoeg delves into the First Amendment and Trademark Act, discussing false designations of origin and dilution of trademark rights. He explores the cease and desist letter, the historical accuracy of Red Dead 2, and the guns of Red Dead Redemption. He also examines launch trailers, Pinkerton references in media and popular culture, nominative fair use, and 15 Usc 1 1 1 5.

(0:00) Opening

(10:55) The First Amendment

(12:51) Trademark Act

(13:12) False Designations of Origin and Dilution of the Trademark Rights

(26:39) The Cease and Desist Letter

(27:36) Historical Accuracy of Red Dead 2

(31:19) Guns of Red Dead Redemption

(38:43) Launch Trailers

(39:46) Pinkerton References in Media and Popular Culture

(50:52) Nominative Fair Use

(58:53) 15 Usc 1 1 1 5

Much has been made of Activision's corporate and legal strategies following the surprising (and abrupt) departure of Bungie last week.

But what does being "investigated for fraud" really mean?

And how can the compensation set to be received by their new CFO inform our understanding?

#Bungie #Activision #VirtualLegality

CHECK OUT THE VIDEO AT: https://youtu.be/xtI_FsOvLu8

***

Discussed in this episode:

"Activision Blizzard's new CFO is getting awards worth $15 million for taking the job"

PC Gamer, January 14, 2019

(https://www.pcgamer.com/activision-blizzards-new-cfo-is-getting-awards-worth-dollar15-million-for-taking-the-job/)

"Activision Gives $15 Million Sweetener to New CFO Dennis Durkin"

Bloomberg, January 4, 2019

(https://www.bloomberg.com/news/articles/2019-01-04/activision-gives-15-million-sweetener-to-new-cfo-dennis-durkin)

Jason Schreier Tweets, January 13, 2019

(https://twitter.com/jasonschreier/status/1084608474540056576)

"CFOs Outpace Their Bosses in Pay Increases"

Wall Street Journal, August 17, 2015

(https://www.wsj.com/articles/cfos-outpace-their-bosses-in-pay-increases-1439837737?cb=logged0.9814875074662268)

Activision Blizzard Securities Filings

(https://investor.activision.com/financial-information/sec-filings)

"Call of Duty Publisher Activision’s Shares Fall on Destiny Departure"

CCN, January 14, 2019

(https://www.ccn.com/call-of-duty-publisher-activisions-shares-fall-on-destiny-departure/)

Pomerantz LLP Press Release

MarketWatch, January 11, 2019

(https://www.marketwatch.com/press-release/shareholder-alert-pomerantz-law-firm-investigates-claims-on-behalf-of-investors-of-activision-blizzard-inc---atvi-2019-01-11)

Private Securities Litigation

15 U.S.C. § 78u–4

(https://www.law.cornell.edu/uscode/text/15/78u-4)

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***

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

Much has been made of Activision's corporate and legal strategies following the surprising (and abrupt) departure of Bungie last week.

But what does being "investigated for fraud" really mean?

And how can the compensation set to be received by their new CFO inform our understanding?

#Bungie #Activision #VirtualLegality

CHECK OUT THE VIDEO AT: https://youtu.be/xtI_FsOvLu8

***

Discussed in this episode:

"Activision Blizzard's new CFO is getting awards worth $15 million for taking the job"

PC Gamer, January 14, 2019

(https://www.pcgamer.com/activision-blizzards-new-cfo-is-getting-awards-worth-dollar15-million-for-taking-the-job/)

"Activision Gives $15 Million Sweetener to New CFO Dennis Durkin"

Bloomberg, January 4, 2019

(https://www.bloomberg.com/news/articles/2019-01-04/activision-gives-15-million-sweetener-to-new-cfo-dennis-durkin)

Jason Schreier Tweets, January 13, 2019

(https://twitter.com/jasonschreier/status/1084608474540056576)

"CFOs Outpace Their Bosses in Pay Increases"

Wall Street Journal, August 17, 2015

(https://www.wsj.com/articles/cfos-outpace-their-bosses-in-pay-increases-1439837737?cb=logged0.9814875074662268)

Activision Blizzard Securities Filings

(https://investor.activision.com/financial-information/sec-filings)

"Call of Duty Publisher Activision’s Shares Fall on Destiny Departure"

CCN, January 14, 2019

(https://www.ccn.com/call-of-duty-publisher-activisions-shares-fall-on-destiny-departure/)

Pomerantz LLP Press Release

MarketWatch, January 11, 2019

(https://www.marketwatch.com/press-release/shareholder-alert-pomerantz-law-firm-investigates-claims-on-behalf-of-investors-of-activision-blizzard-inc---atvi-2019-01-11)

Private Securities Litigation

15 U.S.C. § 78u–4

(https://www.law.cornell.edu/uscode/text/15/78u-4)

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***

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