Posted December 06, 2017
RWarehall: Let's put it this way...
"It’s our opinion that Atari’s rights to publish our earlier games terminated over a decade before the auction" doesn't sound like much of a legal statement at all. And we have responses from Stardock about signed agreements in their possession that sound far more official than two programmer's "legal opinions".
And even with Brad explaining it in a fair bit of detail, you seem to be ignoring what he has to say on the matter. Fact is the games have not been removed and are now listed with the publisher being Stardock. That should settle the matter...
First of all, in legal matters "opinion" can mean a lawyer's argument, not just "something I think is true." It's likely they have consulted lawyers before making these posts. They've maintained for decades that they own Star Control besides the name and (possibly parts of) SC3. Even if they are mistaken, I do believe that perception came from somewhere and they had legal reasons for believing it. "It’s our opinion that Atari’s rights to publish our earlier games terminated over a decade before the auction" doesn't sound like much of a legal statement at all. And we have responses from Stardock about signed agreements in their possession that sound far more official than two programmer's "legal opinions".
And even with Brad explaining it in a fair bit of detail, you seem to be ignoring what he has to say on the matter. Fact is the games have not been removed and are now listed with the publisher being Stardock. That should settle the matter...
Look, I don't have anything against Stardock. I don't have much past experience with them (positive or negative) and I'm a lower-tier founder for Origins. I want both games to succeed and hope this will be worked out peacefully. But Wardell is neither a lawyer nor an unbiased source - I'm not saying he's lying, but he is as much a party in this case as F&P. And we haven't seen Stardock's legal documents either.
I think it's more likely that F&P sincerely believe they have legal arguments in their favor than that they are making stuff up. Now, perhaps they are wrong or it is more complicated than they think, as IP matters often are. But, unless we see other reasons to think they've completely lost their minds after Skylanders' success, I will believe for now that both sides are acting in good faith that they have at least a prima facie legal case. (Though I don't think F&P should have gone public with this dispute).
Post edited December 06, 2017 by kzer_za