Sequels strife

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Matthias
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Re: Sequels strife

Post by Matthias » Thu Feb 07, 2019 6:30 am


Elestan
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Re: Sequels strife

Post by Elestan » Thu Feb 07, 2019 6:33 am

Matthias wrote:
Thu Feb 07, 2019 6:13 am
One thing I do wonder about, why did Paul and Fred decline buying the Star Control trademark from Stardock? Was it just because of the cost?
They probably thought Stardock overpaid for it, so even though they were offered it "at cost", they didn't consider it worth the price.
And if so, how would that be evaluated/quantified?
Valuing ephemeral stuff like the value of a brand is a lot of smoke and mirrors. I expect that before this trial is over, we will see "experts" offer competing testimony in court about the dollar value of the damages that P&F's allegedly infringing blog post did to the "Star Control" brand. But IMHO, when dealing with an old brand like "Star Control" that hadn't had a game released in decades, those numbers are mostly pulled out of various orifices. There's also no good way to disentangle any damage P&F might have done to it from whatever damage Brad might have done by threatening to "eliminate" the old games' fan communities.
Last edited by Elestan on Thu Feb 07, 2019 6:43 am, edited 1 time in total.

Matthias
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Re: Sequels strife

Post by Matthias » Thu Feb 07, 2019 6:36 am

I see. Yeah I find it humorous that Brad himself promoted GotP’s original announcement, mention of “Star Control” and all, and is now complaining that the announcement caused him damage.

Sucks though. The cost of the mark is probably a fraction of what this lawsuit will cost them. No way they could have known it’d go in this direction of course, but yeah.

Elestan
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Re: Sequels strife

Post by Elestan » Thu Feb 07, 2019 6:41 am

Note that that was Stardock's argument to Valve and GOG about why they should put the games back up. It does not necessarily mean that Valve and/or GOG agreed with that argument. Since Stardock has promised to cover their damages, the bar for getting the games restored was not necessarily that high.

Matthias
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Re: Sequels strife

Post by Matthias » Thu Feb 07, 2019 6:43 am

Right, they were promised indemnification. So no risk of loss for Valve and Gog, as I understand it.

krulle
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Re: Sequels strife

Post by krulle » Thu Feb 07, 2019 7:40 am

Matthias wrote:
Thu Feb 07, 2019 6:13 am
One thing I do wonder about, why did Paul and Fred decline buying the Star Control trademark from Stardock? Was it just because of the cost?
300k for something you don't need is quite a lot of money.
Especially if what you need is what you already own, the setting, story, and background of the Star Control content.

IT will not factor into the decision of jury or judge.
The brand is worth what someone pays for it.
If Stardock thinks it is worth 300k, but F&P are not thinking so, then Stardock cannot use this argument against F&P.
(Especially since Mr. Wardell just said "cost", there may be other costs he implies, like any fees and taxes he paid in the transfer, attorney and registration costs,....)

F&P may back then have already thought that the trademark may lapse, and that they can scoop it up then.
Or they knew they would not have time to use the trademark soon enough, and paying 300k when you fear the trademark may lapse in your hands is also a way to get rid of your money.

Well, either way, if you don't think it's worth 300k, then you simply don't take up the offer.

Spaceport

Re: Sequels strife

Post by Spaceport » Sat Feb 09, 2019 6:13 pm

This is not the first time Paul and Fred have turned down an offer for them to buy the trademark. Previously Accolade offered them it for $50,000. They talked about this around the year 2000 when they also explained that, if an opportunity to do a sequel presented itself, they would simply release the game under a different title.

So Stardock offered them something for upwards of $400k that they have long said they don't need or want to move forward with their planned game.

krulle
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Re: Sequels strife

Post by krulle » Sat Feb 09, 2019 9:41 pm

I've not been around these forums when the Accolade offer was made.
It would have prevented a lot of mess, getting the IP into one hand.
But the TM is the most valueable thing if you don't care for the story, and not using it will mean a lapse of the TM. Paying 50k for a soon-to-lapse TM is stupid.
And if you care about the story, and already have the copyright, a few hundred bucks to get the publishing rights of the original games, in which your story was told, into your own hands is okay, but the TM will remain valueless, because you can't use it in the foreseeable future....
Those few sales on GoG may have been enough to pay the TM renewal fees, but is that worth the hassle?
OtOH, IF, and that's a big IF, someone would have foretold the future and the current mess, taking up the offer would've been worth it. But what then?

Say someone finds out the Tm lapsed in your hands, because TfB did not allow to to take the time to continue your story.
And someone comes around, starts developing a game and requests the trademark which has lapsed, and starts marketing a game, saying it is the same style of game, and becuase he now owns the TM, he also owns everything associated with the originals, e.g. the goodwill and all names used within the original games, you'd still have the same mess, but also lost a lot of money. (But then maybe a certain Open Source project would've used the TM, thus blocking the newcomer).
But since we canöt foresee the future, this paragraph's rambling is superfluous misuse of zeroes and ones...

Matthias
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Re: Sequels strife

Post by Matthias » Sun Feb 10, 2019 3:38 am

I do recall the $50,000 figure. I remember wondering at the time, as I’m sure many others had, if it was possible to start some kind of fundraiser to get that number. This was of course long before GoFundMe and such were available. Back then, my finances were such that I could have given a good $1,000 and considered it well worth every last cent.

I’m 100% behind P&F on this, but that is a big mistake they made. Sadly, $50,000 back then would have saved them what looks like will cost them millions now.

Matthias
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Re: Sequels strife

Post by Matthias » Tue Feb 12, 2019 5:34 am


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