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Ralph_E_Fresh

Wouldn't a Cease and Desist be issued?

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7 hours ago, Ralph_E_Fresh said:

If future content is infringement then anything already in the game is infringement, an even worse infringement as it's for sale, so not only would they be prevented from making new copyrighted content, they would be prevented from having current copyrighted content in stores/on sale and online

 Youre right, they could end up owing money to Miller, so to mitigate possible losses they have put all content on hold.

 

7 hours ago, Fair Play said:

We may all be affected by the situation, but Gun and Illfonic will get the specifics about the legal matter. We'll get as little or as much as they want us to know. No amount of pushing them for information is gonna change that.

Agreed.

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7 hours ago, Alkavian said:

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.

 

"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"

This game can therefore release future content, as it may continue to be ultilized under the terms of the grant even after the termination, the grant which included all the content under development.

Case closed.

 

"but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work "

This doesn't pertain to future content in the game, this pertains to Other Derivative works. Future content isn't other derivative works, as it's future content for a Deriative work that was prepared before the termination and may continue the terms(future content) even after termination.

The game can therefore continue the terms of the grant, which includes further development on this specific derivative work until whenever the terms /contract expires.

In short they can continue working on the derivative work of Friday the 13th the game and the terms of it(future content, servers and etc), as it was prepared prior to termination and may continue under the same terms(future content and etc) after the termination.

They simply cannot make another  derivative work(Aka another game, film, action figure and etc after the termination, they basically can't hand anyone else the copyright, they can't make new ones, existing terms continue after termination. Future content for Friday the 13th the game isn't another derivative work, its a term of the derivative work which they can continue.

All terms made prior to termination may continue, Friday The 13Th the game may release future content.

No new terms can be made after the termination however, so no new films, games, books, etc they can only continue to make stuff for existing terms/works.

 

 

If you support this game I suggest you read and quote/share that last post of mine above.

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6 minutes ago, Ralph_E_Fresh said:

"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"

This game can therefore release future content,

 

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).

7 minutes ago, Ralph_E_Fresh said:

"

 

"but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work "

This doesn't pertain to future content in the game, this pertains to Other Deriative works. Future content isn't other deriative works,

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.

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That doesn't explain why they can't unlock Uber Jason for everyone since he is already in the game.

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Just now, zmccain said:

That doesn't explain why they can't unlock Uber Jason for everyone since he is already in the game.

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."

 

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7 hours ago, Alkavian said:

.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, eloborations, or other modifications which, as a whole, represent an original work, of authorship, is a “derivative work”.

Exactly. Since all the future content are under the terms of the derivative work of "Friday The 13th the game", which can include Revision(bug fixes), Elaboration(New content/dlc), annotations, edits, modifications etc

The terms granted prior to termination are in effect after termination as stated by what you quoted, one of the terms was the ability to update and add new content.

Future content/updating and adding copyrighted content is a term of the grant made prior to the termination (for however the term may last, which obviously is for years), those terms made prior to termination as stated in that quote Continue after termination, termination has to effect on terms made Prior to termination.

 @wes @ShiftySamurai keep releasing the new game content(maps and characters), and it is in the contract made prior to the termination, which according to the document is still valid after termination, you have full rights to do so until the term/contract finishes.

 

6 hours ago, Alkavian said:

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."

 

Future content isn't a new derivative work, Friday the 13th the game and it's terms are a derivative work.

Future content falls under the terms of that derivative work of the game, of which continues even after termination.

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Just now, Ralph_E_Fresh said:

Future content falls under the terms of the derivative work of the game.

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. 😄

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9 minutes ago, Alkavian said:

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."

 

The derivative work of friday the 13th the game and it's terms(future content)  which were granted prior to July 2018,  continue after termination.

As stated in quote you posted earlier.

 

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2 minutes ago, Ralph_E_Fresh said:

The derivative work of friday the 13th the game and it's terms(future content)  which were granted prior to July 2018,  continue after termination

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.

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6 hours ago, Alkavian said:

 

6 hours ago, Alkavian said:

Any derivative added after the termination of grant is no longer protected.

Future content is a term under the already existing derivative work of Friday the 13th game granted prior to termination.

Read the quote, the terms of the derivative work continue after termination Future content is a term of the derivative work/ the game.

Under the terms, they can add content, remove content, alter existing content, expand existing content, they can do whatever is in the terms made prior to termination.

Future content is a term made prior to the termination.

 

6 hours ago, Alkavian said:

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.

No, you're making things up now. It never says "what Cunningham allowed up until the grant termination", that's your own words.

Here's what it 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"

Future content is one of the terms made prior to the termination, thus since the terms continue after termination future content can be released, as it's one of the terms made prior to termination, it's simple, there's no way to argue against this.

What we need to do now is let the devs know if they don't already know this.

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1 hour ago, Slasher_Clone said:

You're like a bot stuck in a loop.

Poor Tommy.  He keeps opening and closing that same drawer, hoping to find something different in there.

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39 minutes ago, zmccain said:

That doesn't explain why they can't unlock Uber Jason for everyone since he is already in the game.

Actually, it does. But judging by your post history, no amount of explaining will get through to you. I suggest rereading this thread as others have already pointed ou the why of it all.

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If the rights belong to Victor Miller, as Gun Media & Illfonic did NOT get permission to use his intellectual property that he's currently in the legal battle to obtain, before a certain date (usually when he puts his Federal Injunction), they'd be liable for intellectual property theft. Until the court decides if Sean S. Cunningham or Victor Miller owns this, they can not release any new material without finding themselves in a precarious situation.

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3 minutes ago, Nickypoolicious said:

Actually, it does. But judging by your post history, no amount of explaining will get through to you.

Actually it doesn't.

Future content is a term made prior to the termination.

According to this:

"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"

Future content can be released, as it falls under the terms made prior to termination, according to that statement pre existing terms continue after termination.

its simple, why are we doing the run around when it's right there.

 

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1 minute ago, Ralph_E_Fresh said:

Actually it doesn't.

Future content is a term made prior to the termination.

According to this:

"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"

Future content can be released, as it falls under the terms made prior to termination, according to that statement pre existing terms continue after termination.

its simple, why are we doing the run around when it's right there.

 

Yeah, unlike most of these fine people, I actually studied law and have a degree in it. Alkavian has it right, you have it wrong, and that's all there is to it.

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Note, the termination is June or July 2018.

Any terms made prior to the termination continue after the termination according to this:

"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"

Future content is a term made prior to termination, thus continues after termination.

There's no way around this.

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16 minutes ago, Ralph_E_Fresh said:

Future content is a term under the already existing derivative work of Friday the 13th game granted prior to termination.

Read the quote, the terms of the derivative work continue after termination Future content is a term of the derivative work/ the game.

Under the terms, they can add content, remove content, alter existing content, expand existing content, they can do whatever is in the terms made prior to termination.

Future content is a term made prior to the termination.

"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.

tenor.gif?itemid=8749850

 

 

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6 minutes ago, Nickypoolicious said:

Yeah, unlike most of these fine people, I actually studied law and have a degree in it. Alkavian has it right, you have it wrong, and that's all there is to it.

Argument from authority.

If I'm wrong then demonstrate, here's the facts:

#1, Terms made prior to termination continue after termination, according to:

Note, the termination is June or July 2018.

Any terms made prior to the termination continue after the termination according to this:

"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"

2, Future content is a term made prior to termination, therefore continues after termination

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9 minutes ago, Alkavian said:

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...

Future content is one of the terms made prior to termination and therefore continues after termination according to this very statement

 

9 minutes ago, Alkavian said:

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 refers to other works made after the termination, not Friday the 13th the game and it's terms which were made prior to termination and according to quote above continue after termination.

Future content was one of the terms granted prior to termination and therefore according to first quote continue, after termination

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Ralph, to be honest, it doesn't seem like there is much more to be gleamed from this thread. You've been told the why of it all, but you're trying to spin the language into a version that best fits YOUR own narrative. The legal language is the legal language, and unless you're a judge, it's not up to you to interpret it how you see fit. I get that you want more content, we all do, but frankly I'll settle for the game being patched up in the meantime.

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1 minute ago, Nickypoolicious said:

Ralph, to be honest, it doesn't seem like there is much more to be gleamed from this thread. You've been told the why of it all, but you're trying to spin the language into a version that best fits YOUR own narrative. The legal language is the legal language, and unless you're a judge, it's not up to you to interpret it how you see fit. I get that you want more content, we all do, but frankly I'll settle for the game being patched up in the meantime.

Question, does the statement say that terms made prior to the termination continue after termination?

Yes or No?

To test your honesty.

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Regardless of the reason why we are not getting anymore content, I feel jipped out something that was promised to us and have the right to be pissed about it. I don’t trust Gun Media and Illfonic they have been shady in the past. Being a backer of the game and an admirer of the franchise it infuriates me. It seems like they are wiping thier hands clean of it and focusing on “bug fixes” and “ dedicated servers” which I will have to see to believe.

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The terms granted prior to termination continue after termination.

Future content is one of the terms that were made.

These's are two indisputable facts. No amount of arguing changes it, the terms continue after termination plain and simple.

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