Lt. Commander
Join Date: Dec 2007
Posts: 120
# 11
06-04-2011, 07:42 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
# 12
06-04-2011, 09:29 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.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 13
06-04-2011, 11:28 PM
Quote:
Originally Posted by Nagorak View Post
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.
Star Trek TV is owned by CBS while the movies are owned by Paramount. But the agreement says we can use any Trek except the new Star Trek movies (Star Trek 11 and the upcoming Star Trek 12).

Quote:
Originally Posted by Valiant797 View Post
Regarding the Klothos... if this is a time travel/historical mission you're getting into fuzzy territory. Particularly because it's Kor's ship and interacting with him is a no-no. But if it's the present day and there's a new negh'var or similar that's got the same name because of all the glory he brought to the empire, I see no reason that wouldn't be allowed. It's not different than the many Hoods, Farraguts, Excaliburs, etc...
I'm fully aware of the EULA regarding characters and made a thread about that 2 months ago. You cannot show the characters, however you can reference them.

As for the Foundry Mission itself, it's a take on Kor's Holodeck Program with some interesting twists that surely won't violate the EULA.

Quote:
Originally Posted by shadowgate View Post
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.
In what way am I in violation of the EULA?

I'm sorry, but I find your claim of copyright violation to be invalid. Peter David does not own the rights to the "Battle of Klach D'Kel Bracht", nor the name IKS Klothos. Because they clearly fall under CBS's copyrights, which is allowed to be used by the Foundry's EULA.

BTW, I did a Google search, and I could not find anything official regarding Mr. David's work and the Battle of Klach D'Kel Bracht.



If there is a work and officially licensed by CBS, the only way I could be in violation is if I purposely plagarized his works and turned it into a Foundry Mission.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 14
06-05-2011, 06:17 AM
Quote:
Originally Posted by Nagorak View Post
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:



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.
Actually heres the relevant section

Prohibited Uses of the Star Trek Properties:

You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).

The ships fall within this sphere of the eula
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 15
06-05-2011, 07:09 AM
Quote:
Originally Posted by Azurian View Post
Star Trek TV is owned by CBS while the movies are owned by Paramount. But the agreement says we can use any Trek except the new Star Trek movies (Star Trek 11 and the upcoming Star Trek 12).
No, it says CRYPTIC can. You can't.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 16
06-05-2011, 09:13 AM
Quote:
Originally Posted by syberghost View Post
No, it says CRYPTIC can. You can't.
Cryptic can, you can't what?
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 17
06-05-2011, 10:37 AM
Quote:
Originally Posted by castmodean View Post
Actually heres the relevant section

Prohibited Uses of the Star Trek Properties:

You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).

The ships fall within this sphere of the eula
Um. No.

Copyright refers to a work of art. A story about the Klothos can be copyrighted, a painting of the Klothos can be copyrighted. The ship itself cannot, that's the purview of a trademark.

This is what allows us to refer to Vulcan, James T. Kirk, Wolf 359, Romulan Empire, U.S.S. Enterprise, and other elements of the stories (and you can bet some of those are trademarked). What we cannot do is recreate specific published, episodes, comic books, etc. Those stories are copyrighted.

If in a book someone says, "I was at the Battle of Wacky Beaver." We could go to Wacky Beaver and see the aftermath of that battle. If I make a mission that recreates that scene in the book where he said it in the first place, then I'm running afoul of copyright.

Or as wackypedia puts it: "In the United States, Code of Federal Regulations (CFR) 37 Section 202.1a prohibits copyright of a single word, title or small group of words or phrases, regardless of originality (Planesi v. Peters, 2005 WL 1939885 (9th Cir. 2005) No. 05-781 (SUPREME COURT OF THE UNITED STATES). In some circumstances these may be covered by trademarks."
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 18
06-05-2011, 11:27 AM
Quote:
Originally Posted by Azurian View Post
Cryptic can, you can't what?
Cryptic can do what you said "the EULA says we can do". You can't do what you said "the EULA says we can do".

I quoted your text to which I was replying. It only had the word "can" in it once. Here it is again:

Quote:
Star Trek TV is owned by CBS while the movies are owned by Paramount. But the agreement says we can use any Trek except the new Star Trek movies (Star Trek 11 and the upcoming Star Trek 12).
The agreement doesn't say that. It says Cryptic can use that stuff. It says you can't use that stuff. It says so explicitly in fact.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 19
06-05-2011, 12:13 PM
Quote:
Originally Posted by syberghost View Post
Cryptic can do what you said "the EULA says we can do". You can't do what you said "the EULA says we can do".

The agreement doesn't say that. It says Cryptic can use that stuff. It says you can't use that stuff. It says so explicitly in fact.
Actually, syberghost I believe you have it backwards.

The EULA says:
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.

Prohibited Uses of the Star Trek Properties:
You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).


Red part is the emphasis. In layman's terms: You may play in our sandbox. You may even use our characters (for reference)

You may not use images of real life people. You may not use our stories, or the stories of our licensees, make up your own.


Nothing in the EULA says a darn thing about ships, locations, technologies, etc. Those are all part of the "Star Trek Properties" that we are allowed to "utilize"

Yes, Cryptic gets a bigger sandbox to play in than we do. They are licensed to do so.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 20
06-05-2011, 12:24 PM
Look, just use the ship. It will be fine.

if for some reason its not, which i highly doubt, you can modify the mission and just change the name later. your mission wont be pulled or cast into the fires of gre'thor. they will just ask you to change the name.
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 04:36 AM.