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Legal Claim and the Road Ahead

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1 hour ago, BossDanny said:

I'm sure after the initial announcement a lot of the community, myself included I'm ashamed to admit, underwent the typical "knee-jerk" reaction

Knee-jerk reactions? Here, of all places? Surely you jest, sir!

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On 6/13/2018 at 4:55 AM, Nickypoolicious said:

Ralph is not correct here. But boy does he like to think he is. See Ralph focuses EXCLUSIVELY on one aspect of the definition of "derivative works." Which is the part he keeps prattling on and on about: "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"  Seriously, the guy sounds like a broken record. However, he fails to recognize the other aspects, and believe me I have tried to help him understand this: 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”. The Friday the 13th game, itself, is considered derivative content under the grant from Cunningham to GUN, this is only protected until the grant terminates (includes all content in the game). To put it simply, as others have stated before as well, ANY new content whatsoever, be it clothes, new counselors, Uber Jason, the Grendel map, emotes, etc. would represent a modification (elaboration) on the whole of the game, therefore it's ALL derivative because it represents an original work of authorship. So even though Uber Jason is within the game's data and coding, he wasn't formally released, and his being released could very well put GUN/Illfonic at risk to pay damages to Victor Miller, on the off chance he wins the lawsuit because even if they release him NOW, his presence in the game would exist beyond the termination of the grant, which would put GUN in a precarious situation, again if Miller wins. So, I imagine they have been advised by THEIR lawyers to avoid future content.

Basically, if Miller wins, GUN is screwed with ZERO lubrication. Which is why we're all hoping, and pretty confident, Sean Cunningham will win the lawsuit and buisness can resume as usual. Ralph is wrong, and is basically interpreting the legal wording in a way that best suits his arguments and not living in reality.

I was never notified about this until now, thanks for clearing this up! This entire lawsuit thing is just so...messy. Hell, copyright law is messy, and it's kind of sad it has to be the way it is. 😔

Nevertheless, thank you again for clearing this up.

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4 hours ago, Dolemite said:

Knee-jerk reactions? Here, of all places? Surely you jest, sir!

well I'm sure eveybody knows what I mean lol

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6 hours ago, Truth said:

They never mentioned the kill pack at all. Only reason we found out is because someone checked the ps store and posted it here. It's really a missed opportunity. They definitely just rushed it out before it was too late.

In case you didn't see the lemonade factory (forgive me if you have):

http://forum.f13game.com/topic/20062-were-still-here/

 

It really sucks they couldn't do the same with the pajama clothing pack.

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On June 13, 2018 at 4:55 AM, Nickypoolicious said:

Ralph is not correct here. But boy does he like to think he is. See Ralph focuses EXCLUSIVELY on one aspect of the definition of "derivative works." Which is the part he keeps prattling on and on about: "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"  Seriously, the guy sounds like a broken record. However, he fails to recognize the other aspects, and believe me I have tried to help him understand this: 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”. The Friday the 13th game, itself, is considered derivative content under the grant from Cunningham to GUN, this is only protected until the grant terminates (includes all content in the game). To put it simply, as others have stated before as well, ANY new content whatsoever, be it clothes, new counselors, Uber Jason, the Grendel map, emotes, etc. would represent a modification (elaboration) on the whole of the game, therefore it's ALL derivative because it represents an original work of authorship. So even though Uber Jason is within the game's data and coding, he wasn't formally released, and his being released could very well put GUN/Illfonic at risk to pay damages to Victor Miller, on the off chance he wins the lawsuit because even if they release him NOW, his presence in the game would exist beyond the termination of the grant, which would put GUN in a precarious situation, again if Miller wins. So, I imagine they have been advised by THEIR lawyers to avoid future content.

Basically, if Miller wins, GUN is screwed with ZERO lubrication. Which is why we're all hoping, and pretty confident, Sean Cunningham will win the lawsuit and buisness can resume as usual. Ralph is wrong, and is basically interpreting the legal wording in a way that best suits his arguments and not living in reality.

So basically were screwed waiting for the game again until October / November ?   But they can debug it still ?   Isn't that considered an update to the game ? They knew about this when ?    And we're finding out now WHY ?  One misses the days where one only had to worry about putting a game in and simply playing !!   Can this happen to other games ?   Only on line version seems to be a problem as hardcopy disc games don't generally need updates .   So , does this spell disaster for more games online besides Friday the 13th the game ?  What if Fortnight couldn't be updated ?  What about the backers who really have an investment in the game ?   Can't we just give Miller a few bucks to stop acting like he's the only person ever to not get what he wanted besides the fame and noteriety from the games popularity ?   He didn't even have Jason in his ' Screenplay ' other than a few mentions of his name  !!   Tom Savini suggested Jason as an actual physical character , witch lasted a whole 27 seconds , tops .  Again , so we're screwed waiting until October / November ?  Join us then folks , Same Jason time -  Same Jason Channel .

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7 hours ago, Yobo1987 said:

And still no posts from the devs. Its as dead as it was before.

I do not hold a degree in law, (or any lesser law qualification), and if I am talking out of my ass, I welcome an interpretation/explanation from any community member who is qualified in the legal professions, that is assuming the professional ethics/etiquette permits them to comment on active cases.

I think we can all appreciate how convoluted the legal process is surrounding any kind of court proceeding from challenging a speeding ticket to dealing with something as serious as a charge of first degree murder, I mean no disrespect to anyone who has passed the bar, or is studying/intending to study law, but if the law was truly a simple matter of right and wrong etc then we would all be allowed to represent/speak for ourselves in court without assistance from people who have devoted years to studying law.

To the best of my understanding whilst none of the devs/pubs are directly involved in the ongoing legal proceedings, (I.E. I don't think wes or shiftysamurai have to appear in court before the judge to give statements or whatever), but because they are working/have worked on material that is linked to the franchise that is currently in dispute, they have to be very careful about what they say otherwise they potentially run the risk of a lawsuit demanding some form of compensation if they say/disclose something that is considered damaging to either sides' case and point.

I know a lot of us, myself included, have felt hurt/let down/angry/betrayed/yadda yadda by what is happening but we have to accept the current situation beyond our individual control and continue to enjoy what we have already been given, current bugs and all, for as long as each one of us wishes to do so! We're only depriving ourselves if we throw back what has been created for us in a fit of pettiness.

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As a Backer, who spent near $400 on this game between the Steelbook and add-ons, this is extremely disheartening.

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Back in January I stopped playing the game in disgust at how poorly everything was being handled, and was also handed a 3 month ban from the forums for being "too negative" and "too critical of the developers."

In my ban message, one of the GUN team told me I knew nothing about how hard development was, and should try coming back when my ban ended in April, and maybe I'd have a more positive attitude regarding the state of the game then.

It's now June, and not only is the game buggier than ever, half the new content hasn't arrived, and now never will. Absolutely nothing about this turn of events surprises me one bit. I'm just glad I saved 5 months of my life by not allowing even more of my time to be wasted by shoddy work and false promises.

Please excuse my appalling negativity! It was obviously totally unfounded! You guys really showed me! 😂

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I'm hoping we'll be getting another hotfix soon here. I'd like to show my support by continuing to play, but the game is currently completely unplayable, at least for me.

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If this thing gets settled later this year and it goes in Sean's favor then they will release serious DLC and you can't tell me current owners of this game wouldn't buy that content then. I'm good as well if they get somethings fixed and servers going but my question would be how can they afford to do dedicated servers at this point because that is crazy expensive.

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Posted (edited)

I will buy all dlc pertaining to : maps, kill/weapon packs and new Jasons. I will consider all other dlc.

An important thing I hope the judge takes into consideration is which party is more invested in this case. While neither Cunningham or Miller have have contributed that much to the characterization of Jason, Cunningham did go on to produce two films with the undead, hockey mask wearing, machete wielding maniac. He even wanted a Freddy vs Jason vs Ash movie. Miller never again wrote for the character Jason and never intended for him to appear in the original. He is also very public with his contempt as to where the franchise has gone.

Edited by F134Ever86
Epiphany
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1 hour ago, TWarner said:

If this thing gets settled later this year and it goes in Sean's favor then they will release serious DLC and you can't tell me current owners of this game wouldn't buy that content then. I'm good as well if they get somethings fixed and servers going but my question would be how can they afford to do dedicated servers at this point because that is crazy expensive.

I'd absolutely buy any and all quality new content. Just because I'm unhappy with the way things currently are, doesn't mean I wouldn't be willing to come back once things improve.

Here's to hoping this lawsuit gets settled sometime soon.

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6 hours ago, Mawlock said:

I'm hoping we'll be getting another hotfix soon here.

You mean like the last one that didn't fix anything and broke the game even further?

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1 hour ago, Mawlock said:

I'd absolutely buy any and all quality new content. Just because I'm unhappy with the way things currently are, doesn't mean I wouldn't be willing to come back once things improve.

Here's to hoping this lawsuit gets settled sometime soon.

maybe once this lawsuit business has been resolved we the community can come together and make a little comedy skit where a writer and producer argue about something related to a movie they both were involved in, we move to a scene where the two; along with a few of their movie's cast members sit around a campfire singing Kumbaya as a way to put the dispute behind them, and then a masked psycho leaps out of the shrubbery and chases them all through the woods brandishing a rusty hatchet lol

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41 minutes ago, BossDanny said:

maybe once this lawsuit business has been resolved we the community can come together and make a little comedy skit where a writer and producer argue about something related to a movie they both were involved in, we move to a scene where the two; along with a few of their movie's cast members sit around a campfire singing Kumbaya as a way to put the dispute behind them, and then a masked psycho leaps out of the shrubbery and chases them all through the woods brandishing a rusty hatchet lol

I'm there!

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17 hours ago, BossDanny said:

maybe once this lawsuit business has been resolved we the community can come together and make a little comedy skit where a writer and producer argue about something related to a movie they both were involved in, we move to a scene where the two; along with a few of their movie's cast members sit around a campfire singing Kumbaya as a way to put the dispute behind them, and then a masked psycho leaps out of the shrubbery and chases them all through the woods brandishing a rusty hatchet lol

Make sure the the writer waits 30 years before starting his dispute. 

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I just got home from camp yesterday and what was meant to be a nap turned into seven hours of much needed sleep. I awoken about an hour ago and whenever I went to type in "Friday the 13th game forums" one of the search suggestions that popped up was "Friday the 13th game lawsuit" and I immediately felt my stomach drop. It's been a good run guys, but I had a weird feeling this would eventually happen. I wanted this game to be a huge success because I love Jason and I especially love the community, but it looks like this road is slowly dwindling down and I am deeply saddened. I don't really know what to say other than I love and appreciate you all and I want to stay in touch going forward. Hopefully the forums still stay up and the withheld content can eventually be released 

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On the subject of Miller, does he have legal claim to stop The Simpsons due to F13 content shown briefly within the series too?

 

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16 hours ago, a kamikaze man said:

On the subject of Miller, does he have legal claim to stop The Simpsons due to F13 content shown briefly within the series too?

 

good question, but you can't really undo what has already happened/been made, my guess would be that he may become the person other creators have to approach should they wish to use any of the IP that he is currently attempting to reclaim, so as far as The Simpsons example goes, he probably is not entitled to do anything about what has already been made/broadcast, but he may be allowed to state that they cannot use it in any future episodes (though anything/everything he may/may not wish to do with the IP is all subject to the outcome of the lawsuit)

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@Wes

@ShiftySamurai

@Randygbk

I don’t know if this has been discussed or mentioned at this point.

but I was wondering if the legal disputes will effect the soundtracks and art books.

 And if not, if there was any news on if and when they would be ready and could possibly be shipped out “soon”

 

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So... when is the earliest possible date this could be over if all things go well in the game's favor?

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1 hour ago, OCT 31 1978 said:

@Wes

@ShiftySamurai

@Randygbk

I don’t know if this has been discussed or mentioned at this point.

but I was wondering if the legal disputes will effect the soundtracks and art books.

 And if not, if there was any news on if and when they would be ready and could possibly be shipped out “soon”

 

It is pathetic that the soundtrack and art books haven't been distributed yet to people who are owed them.  Pathetic.

Sadly, it wouldn't surprise me if they are never distributed.  (insert a we're sorry we can't because of the lawsuit here) 

 

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