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Alkavian

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Alkavian last won the day on May 20

Alkavian had the most liked content!

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About Alkavian

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  • Gender
    Male
  • Location
    Arizona
  • Interests
    Playing guitar, video games, horror and science fiction movies, D&D, Warhammer, and miniature painting.

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  1. Hmm. Good franchise/IP licensed games? * Alien Isolation * Goldeneye 64 * Star Wars Arcade * Rambo II on Sega Master System * Rambo III on Sega Genesis * SNES Star Wars * Incredible Hulk Ultimate Destruction * Nightmare on Elm Street NES
  2. Alkavian

    The End

    I'll see you when I see you Bears. Sorry to see you heading out, but it is not at all surprising. Keep in touch. You know how to find me.
  3. Alkavian

    We're Still Here

    That's what I'm shooting for.
  4. Alkavian

    We're Still Here

    Sorry late dinner and real life getting in the way. Won't be on tonight.
  5. "A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination... but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant." This says it all. I've tried to be patient and help you understand. I'll leave you to your confusion. Have fun stormin' the castle Ralph.
  6. Yeah. Pretty much this. I'd rather not know what was coming.
  7. What Cunningham allowed up until the grant termination yes. Anything after no.....UNLESS....Sean Cunningham wins the lawsuit he filed. In which case it is business as usual. If Victor wins, the game stays as it is unless they want to 1) Get the rights AGAIN from Victor or 2) Open themselves up for litigation and paying summary damages.
  8. All of it is derivative. Any derivative added after the termination of grant is no longer protected. Making the whole game a target for litigation and recompense. If they don't add any more to elaborate on their derivative work, it remains protected post grant termination. You'd make a horrible lawyer by the way. 😄
  9. Dude. Nothing can be put out past the termination of the grant. All of that stuff is derivative works. If they add it to the game now, they open themselves up to pay Vic the Dick down the line should he win the rights from Cunningham. The lawsuit was supposed to have resolved last October. It hasn't and now we are at the threshold for rights reversion if Vic wins. If Sean wins, no harm, no foul. If ANYTHING gets released past the grant termination date...it makes it fair game to target. The material buried in the code is "unreleased content". Doesn't matter if it is hidden in there. It only matters if GUN formally puts it out there for access. Miller filed for the termination of grant two years ago. In theory Uber could be released if they did it before the end of the month. My guess is that they'll choose to play it safe (but you never know). "Miller wants to effectuate a Friday the 13th copyright termination in July 2018, which potentially would allow him to license the franchise to other studios."
  10. No. The game itself is derivative content under the grant from Cunningham to GUN. It is only protected up until the grant terminates (to include any content in the game). Wrong. A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. Simply speaking, any new content added to the game ranging from emotes all the way up to maps and modes represents a modification or elaboration on the whole of the game. Thus, ALL OF IT IS DERIVATIVE because it represents an original work of authorship.
  11. https://www.law.cornell.edu/uscode/text/17/203 Read what the law says on the topic. Victor is angling for control based on the claim he was not work for hire. "In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions...." "Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant " Do the math on when Victor filed the lawsuit and how long it has been since F13 was originally released. If Victor wins, GUN is screwed. They cannot put anything past the date of the grant because they don't know the status of who will control it. The previous statements by Horror Inc's lawyers was perfectly valid AT THAT TIME. We are a year down the road and there is no legal decision. GUN cannot and won't work past that grant on "derivative" content so they are not on the wrong side of Victor should he win. They would essentially be handing the game over to him. If they stop now, they are "safe" under the existing copyright law that Victor is using against Sean Cunningham. This is not related to a cease and desist...it is insulation against the fallout of the lawsuit should Victor win. " A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant."
  12. No. Read what the law says. "A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant. " This is purely related to the copyright argument being used by Victor Miller claiming he was not doing work for hire under the writer's guild.
  13. It has nothing to do with a cease and desist. It has to do with copyright law and conditions of termination and effects of termination. GUN is trying not be on the wrong side of the copyright law (should Miller win). https://www.law.cornell.edu/uscode/text/17/203
  14. Alkavian

    We're Still Here

    @ShiftySamurai Is Wes planning on saying a bit more regarding the state of affairs?
  15. Alkavian

    We're Still Here

    Is Wes planning on saying more when he gets more details?
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