Lt. Commander
Join Date: Dec 2007
Posts: 120
# 81
06-07-2011, 01:24 PM
Quote:
Originally Posted by chooch99 View Post
@Leviathan99, I do somewhat agree with you that they may be oversensitive about what is allowed i am wondering if the sting from the lawsuit Marvel comics hit City of Heroes with a while back, is part of that initial apprehension on their part?
Maybe. Maybe it just comes from internal communications with CBS we aren't privvy to.

My big thing is... Until we get expansion of what we can do in the Foundry, at least on par with what CafePress gets and preferably on par with what GoAnimate gets, I think the appeal of it is capped off to technically savvy people willing to part with highly original content for free.

In which case, maybe I'll be interested when Jesse Heinig or Gozer announce that they're tearing up their paychecks because their job is so fun.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 82
06-07-2011, 03:22 PM
Quote:
Originally Posted by Leviathan99
Maybe. Maybe it just comes from internal communications with CBS we aren't privvy to.

My big thing is... Until we get expansion of what we can do in the Foundry, at least on par with what CafePress gets and preferably on par with what GoAnimate gets, I think the appeal of it is capped off to technically savvy people willing to part with highly original content for free.

In which case, maybe I'll be interested when Jesse Heinig or Gozer announce that they're tearing up their paychecks because their job is so fun.
But that will never happen, because cryptic is scared of paying the authors, the ones that put the "original" idea on paper. In the meanwhile, Cryptic is forcing you (if you decide to create foundry missions) to come up with completely new ideas, so players can play them while they make money off your hard work. Don't ever give any corporation the benefit of a doubt. The new daily even encourages players to do three foundry missions a day, missions that cryptic is rewarding players for doing, but not making themselves. Starting to see the logic here?

I've played around with the foundry, but why waste my time creating something Cryptic is going to make money off of? What have they done for me besides the services I've paid them to render already?
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 83
06-07-2011, 05:36 PM
Duplicate thread. Merging!
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 84
06-07-2011, 08:44 PM
To be frank, I'm not sure whether to even give any weight to the Dev posts. The fact is, I'm capable of reading the English language just fine, and these "restrictions" that supposedly exist are not listed in the terms of use that I agreed to. Therefore, I am not convinced that I, or anyone else, is actually bound by the claims made by the Devs.

Even the "don't show characters from the series" is not actually in the Terms of Use. I'm willing to accept that one, simply because I understand that they don't want someone to make a Picard that looks too much like Patrick Stewart, so they get in trouble. But in actual fact nothing in the terms of use restricts you from making a Picard, as long as he is recast with a different appearance.

The ship thing is taking that to another level of absurdity, and I simply don't accept the interpretation. If we went to a court of law, I believe that my interpretation is a lot more likely to hold water than what they are claiming.

Cryptic either needs to just stop commenting, or they need to amend the terms of use to back up what they're claiming, because right now they're just making it up out of thin air. I agreed to the terms of use as they were listed. You can't retroactively claim I agreed to something that's not listed there, and that's what is happening here. This isn't just an issue of "interpretation", it's fabrication.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 85
06-07-2011, 08:52 PM
Quote:
Cryptic either needs to just stop commenting, or they need to amend the terms of use to back up what they're claiming, because right now they're just making it up out of thin air. I agreed to the terms of use as they were listed. You can't retroactively claim I agreed to something that's not listed there, and that's what is happening here, this isn't just "interpretation" it's fabrication.
I disagree to a point. I welcome an attempt by Wishstone to get some kind of a response even if it confuses or is not what we wish to hear. It probably sounds like i am brown nosing but it's how i honestly feel about the matter.

I think part of the problem is they could not have foreseen every possible problem players would have with the EULA in advance, and it really is simple as that.

No argument we need more clarification, no argument the answers vs the listed verbatim Terms of service (i refrained from saying TOS because it sounds like another TOS in trek ), but Foundry technically is still in its Beta for a reason beyond the technical side so it would appear.

Given time, i feel confident some attempt to modify clearer user guidelines will surface.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 86
06-07-2011, 09:05 PM
Quote:
Originally Posted by Nagorak View Post
Even the "don't show characters from the series" is not actually in the Terms of Use. I'm willing to accept that one, simply because I understand that they don't want someone to make a Picard that looks too much like Patrick Stewart, so they get in trouble. But in actual fact nothing in the terms of use restricts you from making a Picard, as long as he is recast with a different appearance.
Actually it is. The Foundry EULA specifically states:

"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."

Here's where the real problem with the Foundry EULA lies though:

"You may not use copyrighted content from the Properties..."

Which could technically mean that we're not allowed to use Klingons, Romulans, Vulcans, Andorians, Deep Space 9, Phasers, Warp Drive, and any of the places that are shown in the shows and movies.

And that's the real problem that I'm trying to resolve.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 87
06-07-2011, 09:10 PM


That says I can't use the actor's appearance or name, it doesn't say anything about the characters. Patrick Stewart is not Picard. Just like William Shatner wouldn't receive any royalties for Kirk appearing in the 2009 Star Trek since it was played by someone else. If someone were to make a human who looked nothing like Stewart and called him Picard it wouldn't violate the terms as far as I can tell (let's say for sake of argument it's a black man with with a beard and a full head of hair). But, like I said, I'm willing to accept that one, since I understand there's a question of how close is too close.

Quote:
Originally Posted by Peregrine_Falcon View Post

Here's where the real problem with the Foundry EULA lies though:

"You may not use copyrighted content from the Properties..."

Which could technically mean that we're not allowed to use Klingons, Romulans, Vulcans, Andorians, Deep Space 9, Phasers, Warp Drive, and any of the places that are shown in the shows and movies.

And that's the real problem that I'm trying to resolve.
Based on what's being said, that's true, it basically means we can't actually use the Foundry at all. Even the ship appearances are all copyrighted. If someone was to start a new sci-fi series and use the Nebula or any other established starship, they would be infringing.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 88
06-07-2011, 09:12 PM
I think its safe to assume if Cryptic has used it in STO, it is safe except for actor likenesses and arguably canon ship names matched by likeness.

I am wondering if it would be acceptable if say, a different class ship was used with the canon name? Probably a stretch and obviously whats the point to most. Sometimes companies don't worry if the use of a character or subject is handled tastefully, but flags get raised if for example you took Ezri Dax and in your story she had a conversation about having slept with several Klingons in an orgy or something equally controversial.

I know we cannot use them all i am saying is If you do have a mission with any canon characters etc, don't make bold statements about their behavior or back story that assumes major character traits that are not established, it will reduce the chances of a red alert. (If for example you just have a conversation about the character in a drunken bar room dialogue scene).

-Looks at his glass of vodka and coke- hmm that may explain the Ezri/Klingon analogy...DOH!
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 89
06-07-2011, 09:19 PM
Yeah, maybe I should just stop worrying about the whole thing. The fact that the terms of the Foundry seem to keep being amended to be increasingly restrictive bothers me. But, the truth is, none of my story ideas used canon ship names or characters anyway (at least not more than by reference).
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 90
06-07-2011, 09:36 PM
Quote:
Originally Posted by Peregrine_Falcon View Post
Patrick Stewart is an actor. Captain Jean-Luc Picard is a fictional character. Nagorak is correct. According to the EULA, you could make an npc called Captain Jean-Luc Picard just so long as he does not resemble any of the actors who portrayed him. According to other sources at Cryptic, you cannot. If it came down to it, I think you'd have a hard time convincing anyone that a npc in a video game truly resembles anyone in real life. And for the record, this "likeness" legal issue is not as clear cut as you may think... just ask the boys at South Park.

Quote:
Originally Posted by Peregrine_Falcon View Post
Here's where the real problem with the Foundry EULA lies though:

"You may not use copyrighted content from the Properties..."

Which could technically mean that we're not allowed to use Klingons, Romulans, Vulcans, Andorians, Deep Space 9, Phasers, Warp Drive, and any of the places that are shown in the shows and movies.

And that's the real problem that I'm trying to resolve.
Well, it says "copyrighted," not "trademarked." There is a difference.
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 On
HTML code is Off


All times are GMT -7. The time now is 12:08 PM.