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Published: 2014-10-13 00:40:30 +0000 UTC; Views: 5934; Favourites: 2; Downloads: 0
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Excerpt from: sol-contingency.com/bad-news-and-good-news/
The Good, the Bad, & the IP
11/10/2014, 23:33 UTC
Fellow Descent and SolC fans,
Today is a day of big news. We would have loved to make you fly the Pyro by the end of the month. It could have worked out so beautifully…
Unfortunately Interplay had other ideas and sent us a Cease and Desist order.
We have been deeply honored by the support we have received from you all and we believe that the best relationship we can have with you is that of honesty and transparency. So in keeping with that we want to tell you what has happened, what we have done, and what we want to do next. So sit down and prepare for a nice read, or wait for our YouTube screencast that’s coming later.
Below this post you see the complete document Interplay sent to us (personal information is blurred out). This C&D was sent as a PDF by Interplay’s in-house “counselor” (lawyer) directly to me, the project lead. For some backstory: I had been contacted by a daughter company of Interplay over a year ago, parallel to the development of SolC, and we were in talks trying to work out whether we could make Sol Contingency an officially sanctioned Descent game. I want to emphasize here that *they* contacted *me* about this. They even asked for and received a working copy of a functional internal build of SolC. We never made this public because things never actually got down to concrete business propositions and we really weren’t holding our breath for that. After all, SolC has been our passion project from the start and money was never our primary objective. So we trotted along, figuring that Interplay would come back if they were interested – maybe once Proving Grounds was released.
And back they came, but not the way we had hoped.
We responded to their C&D by proposing negotiations with them, giving them 14 days. It has been three weeks and we’ve yet to hear from them. We don’t expect to. We sent another message to the guys from the daughter company I mentioned and their response was, in one sentence, that Interplay had to decide on the matter and they wouldn’t be able to help us. Don’t worry if this seems illogical to you, we were equally baffled. But the question remained, what do we do? Unable to get the ball rolling in any other direction, we had several internal discussions and ultimately decided that we cannot risk a release of Proving Grounds that is in violation of Interplay’s C&D – even as a fan project, even if Interplay does nothing with the Descent IP, they can still make life hard for us if we don’t abide by their demands.
But this is not the end of SolC.
Interplay may own the rights to Descent, but they do not own the rights to 6DoF, to first-person shooters, or to a type of gameplay within creepy and claustrophobic environments. We realized that everything they own the rights to is, at the end of it all, purely cosmetic. As such, we have decided to reface Sol Contingency and remove the Descent assets – the Pyro will be replaced by another ship, the robots from Descent won’t make a return, and PTMC is no longer part of our single-player story. While we are very sad to see these iconic archetypes go, we will come up with new robots, a new plot, a new ship, new levels, and perhaps a few new weapons and names to differentiate our game just enough from the trademarked assets Interplay is so dearly holding on to. We still want to make a game that *feels* and *plays* how we all want, so none of the gameplay will change. The core experience in Proving Grounds’ multiplayer will be identical to what you have seen from us so far.
Personally I’m very disappointed that we have no choice on this since I wanted to remake Descent 1; the game that defined 6DoF. However, we will not be shut down by Interplay’s incompetent and unprofessional behavior. We are declaring independence here and now, making our own game that fans can enjoy, develop, and support directly with us. We don’t need Interplay to make Sol Contingency as great as Descent was. Our goal has always been to develop a great preview / tech demo / early access version of Sol Contingency to get people playing 6DoF again and showing you that we have what it takes. We won’t go over Interplay’s head, no, we will stand on their shoulders and give you all a true spiritual successor to the game we all know and love.
As consequence of all this, the release of Proving Grounds might not make it in October. We have to rework some assets and redesign others from scratch to separate it from Interplay’s IP. We will have to cut some corners to get the game ready fast and we are at a point where we don’t want fancy visuals to further delay what we already have: a solid 6DoF FPS game. As such, please don’t expect final quality of the new models or textures as they will be placeholders used to get us away from the Descent IP while not losing too much time. For the full game after Proving Grounds, we will make proper quality replacement assets.
And speaking of the full game, many of you have asked us about Kickstarter and crowdfunding in general. While we were unable to go ahead with that in the past because the IP situation was unclear, now that we are splitting from the Descent brand, we are very happy to say that we will be able to pursue such avenues once we go ahead with the full game. You will see a crowdfunding campaign go up for that after the release of Proving Grounds.
Interplay might have given us the boot but we hope you, the ones that truly matter, are still with us. We hope you can help us bring 6DoF back. Please spread the word about what happened here by sharing this post, telling other Descent/6DoF fans, and keep an eye out as we make changes to our website and media section.
For the SolC team
Max – SolC lead
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Comments: 29
Gekko71 [2014-10-17 01:43:10 +0000 UTC]
Don't do *anything* before you get a professional opinion from a good IP lawyer guys - Interplay are trying to scare you off.
While your game is clearly a derivative work for IP licensing purposes, IIRC it's a derivative work of a A GAME THAT IS IN THE PUBLIC DOMAIN.
Unless I am mistaken Interplay released the source code for the original Descent into the public domain, and the extent to which any claimed copyrights can be *separated* from that bundle of public domain information is still far from clear.
In addition to which, while Interplay are claiming to have registered trademarks, copyrights and other IP in Descent, they are NOT specifying THE TERRITORIES AND CATEGORIES their IP is registered in, which is downright suspicious.
Interplay might have IP rights over parts of Descent, but they may not necessarily have the right or power to stop you making your game the way you want. Remember that parody is free speech, and if your game is judged to be a parody of Descent, they might not be able to do anything about it.
Threatening letters are a dime a dozen when it comes to IP rights - and many of them are send on a questionable legal basis - SPEAK TO A LAWYER!!
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to Gekko71 [2014-10-20 22:26:35 +0000 UTC]
Hey Gekko, nice to see you on
I think I'd have to leave that one up to Max & the developer team to decide how to handle the situation, as I'm not currently on the team anymore(just helping with the PR) so I'm not privy to that info - but to my initial knowledge of what IP rights can or can't cover, any claim of a company(or their subsidiaries) can be validated if said companies have established 'distribution or production houses' in the countries and territories or categories in question(which they do, afaik).
But your input is very welcome though, as many a Descent player are watching the development of this game like foxes in a hen house!
Forum excerpt: by me aka 1DVD4D2UDK
I for one would like to see the engine used in the tradition of it's development, and 'innovation' is a key component of what that means - so in the basic theme of our 'staying away from established IP', I would think the default settings for anything configurable would need to be a bit different.
But, in following the communities hopes - could possibly integrate the customization features into future updates to allow players to pilot the SolC ships according to their favorite 6dof game, possibly even saving a custom configuration unlike any other 6dof game depending on a players preferences.
Along with having set presets a player could choose from, allowing flight & visual characteristics for more realistic, arcade, flight sim etc. would easily be a feature I would look for in a game like this - to be a welcome site for some players with their machines not being top of line, and still be able to play a good game not matter what they have.
👍: 0 ⏩: 0
draenei-friend [2014-10-14 04:48:55 +0000 UTC]
Yep, this sure as hell isn't making me want to buy a Interplay product. They should have just did like Valve did with Black Mesa.
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to draenei-friend [2014-10-14 05:25:12 +0000 UTC]
Eh, just a speed bump really - I think Max was
already starting to plan around it, since he and
the team pretty much took it in stride!
So now is when the really cool stuff happens!
👍: 0 ⏩: 1
draenei-friend In reply to 1DeViLiShDuDe [2014-10-14 06:03:12 +0000 UTC]
Indeed. Still looking forward to the game!
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to draenei-friend [2014-10-14 20:57:51 +0000 UTC]
If you have time, you should stop by the forums
and see what's cookin - things have really begun
to pop since Interplay's C&D, Krion112 posted
one of his model sheets to get some feedback!
👍: 0 ⏩: 0
mmrashad [2014-10-13 12:47:45 +0000 UTC]
Friggin' Interplay! They're already deep in s**t with Fallout IP disputes against Bethesda, haven't made a decent game in years, and pull this stuff when a remake of one of their most popular titles is about to be released?! The gall on those idiots.
Still, I'm glad to hear that the team knows how to proceed bearing this in mind and plan to separate into a new IP that we can all enjoy, and that they can finally crowdfund the game and help themselves out a little.
Thanks for delivering this important piece of news to us, Devilish
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to mmrashad [2014-10-13 21:05:47 +0000 UTC]
welcome
I wasn't really keeping track of Interplay's
troubles, but that's good to know!
It's actually going to be better this way anyway,
since nobody will be looking over our shoulders
in that respect - and having new insight into all
the future possibilities, modders won't be wary
of offering contributions for their friends to use!
Really can't wait to play and be creative in UDK!
👍: 0 ⏩: 0
1DeViLiShDuDe [2014-10-13 08:59:59 +0000 UTC]
It's gonna be okay, the team knows how to handle
the situation - and have plans to do just that!
👍: 0 ⏩: 0
1DeViLiShDuDe In reply to MaliaGalaxy [2014-10-13 09:05:10 +0000 UTC]
👍: 0 ⏩: 1
MaliaGalaxy In reply to 1DeViLiShDuDe [2014-10-13 15:52:37 +0000 UTC]
So far everything is ok Mike?
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to MaliaGalaxy [2014-10-13 21:10:48 +0000 UTC]
Max knows what he's doing!
So the project will go on as planned.☺
Just not with related Descent content!
👍: 0 ⏩: 1
MaliaGalaxy In reply to 1DeViLiShDuDe [2014-10-14 02:14:42 +0000 UTC]
Awww that's too bad cause I was really hoping to see another awesome Descent!
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to MaliaGalaxy [2014-10-14 05:39:50 +0000 UTC]
I think the last Descent project Interplay was
working on is the original on the Wii platform!
👍: 0 ⏩: 1
MaliaGalaxy In reply to 1DeViLiShDuDe [2014-10-14 05:48:01 +0000 UTC]
I haven't really heard of that one before! O_O
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to MaliaGalaxy [2014-10-14 20:51:04 +0000 UTC]
Yeah! It's listed on their site in
the game projects sections!
And actually, Descent isn't really
that hard to port - Heh! A friend
of mine was able to get it to run
on his phone, using another one
as a controller for the game!
👍: 0 ⏩: 0
Duper [2014-10-13 02:59:35 +0000 UTC]
grrrrr... Interplay could have offered them a contract. Whatever happened to their program..what was it...oh yeah.. "Discovery" ? www.interplay.com/games/submis…
*palmface*
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to Duper [2014-10-13 10:16:54 +0000 UTC]
Heh! At face value it sounds pretty cool, but
then you see the games they say are TBA -
and Descent WiiWare is one of them! HAH!
I know a friend from runestorm.com
that was working on Battle Chess!
👍: 0 ⏩: 0
Krion112 [2014-10-13 01:14:51 +0000 UTC]
Unexpected. Terribly unexpected. I'm not one for business, but wouldn't acquisition of the assets been a more intelligent decision? The game has already been in development, lowering any expense on their end, as well they would only have a handful of people to have to offer jobs to. And in the end, I think if it went commercial, they would've easily made a reasonable profit from it.
I guess, sometimes it's about crushing others' hopes. Oh well. I guess now the team has more flexibility, in a sense, because now they don't have to stick to the Descent lore. They could make up their own thing. There is a definitive lack of 6DoF universes at the moment; it's a genre just waiting for the right revival.
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to Krion112 [2014-10-13 10:19:41 +0000 UTC]
All true!
They'll be kicking themselves in the rear
when the kickstarter gets going!
👍: 0 ⏩: 1
Krion112 In reply to 1DeViLiShDuDe [2014-10-13 14:42:29 +0000 UTC]
I really wish I could be apart of the new design. Unfortunately, I lack qualification and don't know the quality of my experience. As well, they probably already have people ready for this sort of thing.
Still, it would be cool. Can't wait to see what get's made, hopefully it's an improvement to the genre of 6DoF and close enough to Descent we get our nostalgia, but with new twists and turns to take the genre in a new and interesting direction.
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to Krion112 [2014-10-13 20:53:59 +0000 UTC]
Gong! Wrong on the first count!
This IS a community made project!
If you love to play Descent, then you can help with whatever
insight you may have into the game as only you can tell it! On the second: This game is going to be awesome, as each game
player knows exactly what they want to see in a game they love!☺
And now we have the freedom to choose the best of any new idea!
Just so ya know! The site is open 24/7 & we'll leave the light on!
The project is an open thing, with new people & talent all the time!
After the initial release of Proving Grounds, anyone can download &
install the UDK which is needed to run the game anyway - and then
if you want to try your hand at making a map, just run the editor to
see what's what. But non players can also contribute content too!
👍: 0 ⏩: 1
Krion112 In reply to 1DeViLiShDuDe [2014-10-13 21:46:15 +0000 UTC]
So I could, for example, say you should make the story of the game "x", for "y" reason, and that game mechanics "C,G, and B" need reworking for "k" reason?
And where to go to submit ideas? just the forums, or is there something on the normal site?
👍: 0 ⏩: 1
1DeViLiShDuDe In reply to Krion112 [2014-10-13 22:24:46 +0000 UTC]
Heh, yeah there's a few people making maps & stuff
with the UDK that aren't on the dev team, so just log
in and say hi - and some friends may answer back!
A few people haven't seen each other for years, so it's
common ground for many Descent players - as well as
modders & mappers, so you should feel right at home
with that creative bunch around the forums!
👍: 0 ⏩: 0
Headdie [2014-10-13 01:09:51 +0000 UTC]
sympathies guys. At times like this I do wonder what the ratio is at interplay between Production Staff, Management and legal "Council" is.
Glad you deciding to forge on in a new direction like you say breaking from the IP does allow you to try out new things so, Best of luck to you all.
👍: 0 ⏩: 2
Duper In reply to Headdie [2014-10-14 02:53:02 +0000 UTC]
Well, Interplay got bought by another enitity a couple years back. It was very quiet. The only reason I know about it is because I watch their legal transactions filed with the Feds here:>>
www.sec.gov/cgi-bin/browse-edg…
Huh.. they are no longer trading stock as of March 11 2014. ..so WHY are they throwing a fuss again????? Tell them to hang on to a copy of their original work. Me thinks it may be in demand soon.
As they gave Interplay a working copy, I hope interplay doesn't give it to some dev house and try to sell it.
👍: 0 ⏩: 1
Headdie In reply to Duper [2014-10-14 05:59:40 +0000 UTC]
That would be funny if you could CaD them lol
👍: 0 ⏩: 0
1DeViLiShDuDe In reply to Headdie [2014-10-13 10:22:59 +0000 UTC]
We'll be looking forward to seeing you and your friends
on the servers after the Proving Grounds release!
👍: 0 ⏩: 0