Lt. Commander
Join Date: Dec 2007
Posts: 120
I'm nearing completion of my Battle of Klach D'Kel Bracht Foundry Mission, but there is an EULA concern that I'm hoping the community could answer:

Does the EULA allow me use Kor's ship, the IKS Klothos in the Foundry Mission?



The thing is the Star Trek Animated Series isn't listed among the properties, but yet Kor mentions the Klothos in the DS9 Episode: Once more unto the Breach.

So is it fully okay to have a Gray D7 named the IKS Klothos in the mission, even though Kor is only mentioned by name? Or since he mentions it's a D5, that it could not use a D7 body? Or it's regarded as a character like the Enterprise and cannot be used?

Anyone know the answer?




Wishstone, if you see this. Would it be possible to have a list of answered EULA questions in the EULA Sticky?
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 2
06-04-2011, 04:26 AM
Whether it's technically allowed or not, I'd have to say that is such an esoteric piece of trivia that no one is going to catch it and report it. People are just going to read through and not make much notice of the ship's name, or they'll recognize it and think "that's cool", but their thought process would not even move in the direction of it being a violation.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 3
06-04-2011, 07:19 AM
Well you stepped right into the middle of a canon fight there with TAS and Roddenberry vs the DS9 writing team. Technically the EULA prohibits use of copy written material, and IP owned by writers for series. Though TAS isn't specifically included, someone could say that it falls within the bounds of the EULA. The safest course would be to not use it, though as you say nothing explicitly restricts it either. And besides who other then Catian lovers watched TAS *ducks*
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 4
06-04-2011, 08:47 AM
Rereading the OP, I think you're coming at this with some misconceptions. The Enterprise isn't regarded as a character and I see nothing in the EULA that says you can't use it. In fact, I've seen the Enterprise in a couple of different Foundry episodes. By the same token you can use the Klothos because it's mentioned in DS9.

As far as using a different ship, there's nothing that limits you to matching a specific ship with a certain name. I could make a mission where I had a Defiant class ship named Enterprise. It would be weird, but it would only be violating accepted ST lore, not the EULA. In the case where the correct class of ship is not available, you obviously are forced to substitute the closest possible alternative.

You can't use likenesses of actors or their names because they reserve rights to those "properties" and have to be paid royalties if they are used. The ship appearances are not subject to those limitations, otherwise we'd have no Galaxy, Constitution, Intrepid or Defiant class ships in the game, or perhaps no canon ships at all (and it would also defeat much of the point of even making the game).
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 5
06-04-2011, 01:13 PM
it was mentioned in DS9 so its part of star trek law and its not a person so there is no likeness rights so it would be fine.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 6
06-04-2011, 01:48 PM
Quote:
Originally Posted by Nagorak View Post
Rereading the OP, I think you're coming at this with some misconceptions. The Enterprise isn't regarded as a character and I see nothing in the EULA that says you can't use it. In fact, I've seen the Enterprise in a couple of different Foundry episodes. By the same token you can use the Klothos because it's mentioned in DS9.

As far as using a different ship, there's nothing that limits you to matching a specific ship with a certain name. I could make a mission where I had a Defiant class ship named Enterprise. It would be weird, but it would only be violating accepted ST lore, not the EULA. In the case where the correct class of ship is not available, you obviously are forced to substitute the closest possible alternative.

You can't use likenesses of actors or their names because they reserve rights to those "properties" and have to be paid royalties if they are used. The ship appearances are not subject to those limitations, otherwise we'd have no Galaxy, Constitution, Intrepid or Defiant class ships in the game, or perhaps no canon ships at all (and it would also defeat much of the point of even making the game).
actually you are incorrect on this. Enterprise is a registered name for cbs/paramount and as such falls within the bounds of the eula. Technically anyone using it(and possibly the other named ships though I would have to go look on them) are in violation, but as long as noone raises a fuss or reports them, then it'll carry on.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 7
06-04-2011, 02:50 PM
Quote:
Originally Posted by castmodean View Post
actually you are incorrect on this. Enterprise is a registered name for cbs/paramount and as such falls within the bounds of the eula. Technically anyone using it(and possibly the other named ships though I would have to go look on them) are in violation, but as long as noone raises a fuss or reports them, then it'll carry on.
I dont think thats right. (i could be wrong)

1) how do you register the name enterprise? it dates back hundreds of years. i dont think anyone owns it.

2) even if it is, Andorian, vulcan, galaxy class, vor'cha and every other planet, object, species and ship may also be registered we are still allowed to use them and have them appear.

CBS lets us use things in the canon of star trek. we can play around with the history and the universe itself. we can even use peoples names like picard or kirk because CBS owns them and they allows us to use it. the problem is in actually using a likeness as they do not own patrick stewart or william shatner, or using something from a novel written by someone who does not work for CBS, or using someone script.

im welcome to be proven wrong here but CBS lets us have access to star trek. that includes ships and objects within star trek. they dont let us have access to stuff that was also made independently.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 8
06-04-2011, 08:42 PM
Quote:
Originally Posted by castmodean View Post
actually you are incorrect on this. Enterprise is a registered name for cbs/paramount and as such falls within the bounds of the eula. Technically anyone using it(and possibly the other named ships though I would have to go look on them) are in violation, but as long as noone raises a fuss or reports them, then it'll carry on.
All of ST is owned by Paramount. We can't use any of their stuff at all, except because we're allowed to by the EULA. It specifically states we can use things from the various movies/shows. Then it specifically states we can't use the actors names/likenesses. You're reading stuff into the EULA that's not there.

Here's the relevant sections of the EULA:

Quote:
Star Trek Properties are defined as including:

* Star Trek - The Original Series
* Star Trek - The Next Generation
* Star Trek - Deep Space Nine
* Star Trek - Voyager
* Star Trek - Enterprise
* Star Trek - The Motion Picture
* Star Trek II - The Wrath of Kahn
* Star Trek III - The Search for Spock
* Star Trek IV - The Voyage Home
* Star Trek V - The Final Frontier
* Star Trek VI - The Undiscovered Country
* Star Trek - Generations
* Star Trek - First Contact
* Star Trek - Insurrection
* Star Trek - Nemesis


New Game Materials may utilize the Star Trek Properties as provided by CBS and Cryptic Studios unless otherwise specified in the Prohibited Section below. You may use the names of characters (past or present) from the Star Trek Properties.
Enterprise and other ship names are part of those properties. In the restricted section, there is no mention about not being allowed to use ship names, including the "hero" ships.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 9
06-04-2011, 03:23 PM
Interesting discussion regarding ships.

Hopefully the powers-that-be will give an official ruling regarding ships-seen and ships-mentioned.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 10
06-04-2011, 10:29 PM
Quote:
Originally Posted by Azurian View Post
I'm nearing completion of my Battle of Klach D'Kel Bracht Foundry Mission, but there is an EULA concern that I'm hoping the community could answer:

Does the EULA allow me use Kor's ship, the IKS Klothos in the Foundry Mission?



The thing is the Star Trek Animated Series isn't listed among the properties, but yet Kor mentions the Klothos in the DS9 Episode: Once more unto the Breach.

So is it fully okay to have a Gray D7 named the IKS Klothos in the mission, even though Kor is only mentioned by name? Or since he mentions it's a D5, that it could not use a D7 body? Or it's regarded as a character like the Enterprise and cannot be used?

Anyone know the answer?




Wishstone, if you see this. Would it be possible to have a list of answered EULA questions in the EULA Sticky?
My friend I just went thru several days of discussion. I am an absolute avid fan of Star Trek New Frontier based off the works of Peter David. I wanted to create and build episodes around his BOOKS. After all I have read and discussed I can tell you without question you are in violation of the EULA.. Now change the ship from a Klingon ship to a Romulan Warbird with the same name and your problem is solved. The arguments have gone on about this. The best wording or phrasing I have heard ------ There what 150 different species in the game. Captain Kirk character is suddenly a Klingon. It might be the name of him but that is most definetly NOT JAMES T KIRK as far as the legal world is concerned.
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off


All times are GMT -7. The time now is 11:47 AM.