On Appeal, 'Star Trek Discovery' Still Doesn't Infringe On Video Game's Copyright

from the making-the-tardigrade dept

As one of the most beloved science fiction series in history, it's no surprise that the Star Trek franchise has seen its share of intellectual property flare ups. With Viacom manning the IP enforcement guns, it only makes sense that the series has been the subject of the company's failed attempt to pretend Fair Use doesn't exist, the company's failed attempts at copyright enforcement taking down an authorized Star Trek panel, and the company's failed attempt to actually be good humans to the series' adoring fans.

But this is not a story of Viacom failing at yet another thing. Instead, Viacom/CBS, along with Netflix, won in court, defeating an appeal by a video game maker that tried to claim that one episode of Star Trek Discovery infringed on the copyrights for a video game.

CBS and Netflix re-affirmed an earlier win in the U.S. Court of Appeals for the Second Circuit over a copyright infringement lawsuit filed against both companies due to a plotline in the first season of Star Trek: Discovery that a video game creator alleged infringed upon the plot of his unreleased game. The video game was about a giant tardigrade who traveled through outer space and a similar creature played a key role in Star Trek Discover Season 1.

After the Second Circuit lower court had already dismissed the claims, the Court of Appeals agreed in upholding the lower court ruling that both the video game and the TV show were relying on uncopyrightable scientific facts about tardigrades and their ability to survive in outer space.

While it's a wonder the lawsuit was ever filed in the first place, why in the world Anas Osama Ibrahim Abdin went on to appeal that initial ruling is a complete mystery. The issue at hand was a story arch in the first season of Discovery which dealt with a giant tardigrade. Tardigrades are real life, tiny creatures that typically survive within water droplets. The most interesting aspect of tardigrades is that they have been shown to have been able to survive in the vacuum of outer space. Abdin's video game also dealt with tardigrades that survived the outer reaches of space. On essentially this basis alone, Abdin filed both his original suit and the appeal.

This is yet another instance where the idea/expression dichotomy of copyright law comes into play. This dichotomy dictates that copyright can be afforded to specific expression, but not to a general idea. And certainly not to an idea comprised essentially of real life scientific discovery. So, if Discovery told the same story about the same tardigrade creature, merely having a tardigrade in its plot is not somehow infringement just because both works are set in space.

While "[t]he distinction between an idea and its expression is an elusive one," Crichton, 84 F.3d at 587-88, Abdin's space-traveling tardigrade is an unprotectible idea because it is a generalized expression of a scientific fact -namely, the known ability of a tardigrade to survive in space.

While the court's opinion is 40 pages long, that one paragraph does all of its work in affirming the lower court's ruling.

Filed Under: anas osama ibrahim abdin, copyright, discovery, star trek, tardigrade, video game
Companies: cbs, netflix

Real Estate Developer Found Using Video Game Footage In Marketing Material... Which Is Pretty Cool!

from the just-real-enough dept

We've featured a number of stories here about entities attempting to pass off video game footage as something in real life. On the one hand, since these stories usually feature governments doing this in a pretty bald-faced attempt at trickery, and since these attempts at trickery typically have something to do with the realm of war, it's easy to take a negative view of the whole thing entirely. On the other hand, it's hard to escape the notion that our video games have gotten so realistic so as to be able to fool large swaths of people into thinking they are depictions of the real thing, which is pretty damned cool.

And, yet, even when the use of game footage is more innocuous, it still seems to get people's fur up. In the UK, one housing developer was caught using a screenshot from Cities: Skylines, a city-building game, in its pitch material for a housing project.

The eight-page brochure, which was published by this newspaper earlier this week,outlines Norwich-based firm Lanpro’s vision for a town the size of Thetford, just off the A1067. Lifelong gamer, Matt Carding-Woods, recognised an image used on page three of the document as a screenshot from the 2015 city building game, Cities: Skylines, released by studio Colossal Order.

Lanpro defended the image’s use as educational, and said the document was only ever intended to be distributed internally.

A number of things apparently gave it away, including small patches of brown trees being rendered around garbage incinerators to represent pollution. While that's actually quite funny, some residents and internet users criticized the developer for failing to note that the image was a screenshot from the game. Residents in particular seemed to indicate that the image's use demonstrated the cavalier attitude the developer was taking the project as a whole.

But how does that make any sense? Developers typically include renderings of future projects in pitch material. Those renderings are usually created by graphical artists that specialize in that sort of thing. But if Cities:Skylines is simply good enough at depicting residential neighborhoods that one can create a rendering within the game and use that instead, how is that anything other than pretty neat? Now, in this case, it seems that Lanpro used a neighborhood created in the game by another player. But, again, so what? As Lanpro's Chris Leeming notes, it's not like this is the first time a developer has used images from the game to pitch a project.

“It is after the detailed technical work and analysis that we will be able to form a masterplan for the proposals and provide an image of what the scheme may look like.”

He added that there have been several examples of the “serious use of this software to model, engage and explain projects,” including by city planners working in Stockholm, Sweden.

And that makes sense. As games become better simulations and have increasingly convincing imagery, I would expect to see more of this rather than less.

Filed Under: cities: skylines, real estate, rendering, simulation, video game
Companies: lanpro

Ubisoft Printed The Wrong Versions Of South Park Game For Germany, Forgetting To Remove The Swastikas

from the wait,-we're-still-doing-this? dept

With the release of the latest South Park video game, titled The Stick Of Truth, we recently remarked on how silly the attempted censorship of the game will be for releases outside of North America. The reason, of course, is that the full version of the game is and will be available for download outside of the approved channels. While most of the censorship stories revolve around some of the more sophomoric jokes in the game, which I of course love, leave it to Germany to teach us how fickle the sensibilities of some governments are.

Apparently the game was supposed to be released in the land whose motto is "Unity and Justice and Freedom" this week, but that's been delayed because the game's publisher, Ubisoft, accidentally produced copies of the game for Germany that still include images of the Nazi swastika. Such images, as you might be aware, are verboten.

Users are posting on Steam's forums that the German (and Austrian) versions of the game have been hit with an 11th-hour delay. The reason? That those versions contain "an unconstitutional symbol", and mean the game's release in those two markets is TBA.

Let me say this first: I get you, Germany. The embarrassment over the systematic murder of an enormous Jewish, homosexual, and gypsy population isn't the kind of sting that goes away easily. But here's a piece of advice: limiting symbols and speech in this manner isn't productive and certainly isn't in the spirit of the 86a section of the Strafgesetzbuch. Attempting to limit humor regards to your own past won't get you anywhere. Open dialogue is what admonishes fascism.

Take Americans, for example. We straight up murdered tens of thousands of Native Americans and then had the balls to refer to our policy as our "Manifest Destiny." Now we have football teams filled with the decendents of African slaves playing under the moniker of our Native American victims so we can sell beer to everyone else. And, sure, when you really think about it that way, it isn't funny.

But South Park is funny, and anyone that really wants to see a swastika enough to put forth a little effort in Germany can do so via a myriad of avenues, including downloading illegal copies of The Stick Of Truth. A constitutional requirement to omit parts of your history won't do you any good and may no longer be useful to your society.

Filed Under: censorship, free speech, germany, south park, stick of truth, video game
Companies: ubisoft

South Park Video Game To Be Censored Heavily Pirated Outside North America

from the whateva,-I-do-what-I-want dept

South Park: The Stick of Truth, the much anticipated RPG personally devised by Trey Parker & Matt Stone to be virtually indistinguishable from an episode of the iconic TV show, has been very close to becoming vaporware over the years, especially when original publisher THQ shut down. But it was rescued by Ubisoft, and now has a firm worldwide release date of next week.

But... not entirely. Kotaku reports on a leaked review guide for the game in Europe noting that Ubisoft decided to remove several 20-second scenes and mini-games for the release in Europe, the Middle East and Africa:

It will surprise no one who knows the show that the scenes are very crass and, if you're a fan, probably executed in a hilarious manner:

This is of course not South Park's most famous censorship dust-up, given their epic battle with Comedy Central over depictions of Muhammad, but it may be the most utterly pointless, because it should be obvious what's going to happen: fans in those parts of the world are going to either pirate North American versions of the game or find videos of all the deleted parts online, or both. This decision is basically giving everyone in Europe, the Middle East and Africa a big reason to pirate by saying "sorry, we refuse to sell you the complete version of our game."

It's the sort of game where people are going to care, too. The game has a long and elaborate script, all read by Trey & Matt in full voice-performance mode, and as silly as the listed scenes might sound to someone who isn't familiar with South Park, they are likely to be integral parts of a well-crafted whole. And while it's getting attention from the gaming community at large, the majority of people buying it are doing so out of their love for the show, and are going to want the whole thing.

There's going to be an ironic reverse effect too: Trey & Matt are famous for making good use of censored elements in their shows, whether by covering them up with hilarious non-sequiter images or replacing them with text that seriously addresses the situation from the point of view of the creators. So customers who get the uncut version are likely to go seek out videos of the censored version, just to find out how the game handled it.

Of course, it's not easy to place blame in this situation — Ubisoft's decision is futile but may also have been necessary as part of dealing with various regulatory and ratings agencies overseas. It's just so amusing, but sad, to see people attempting to divide content between different parts of the world when we're already deep inside an era defined by global connectivity. On the plus side, we may get another hilarious South Park episode about piracy out of it.

Filed Under: matt stone, piracy, south park, trey parker, video game
Companies: ubisoft

The Plight Of Iranians Trying To Make A Video Game About The 1979 Revolution

from the video-games-are-art-and-speech dept

Talk with someone who is from an older generation or someone who does not spend much time playing video games and you'll often hear a common refrain: games aren't art. Or, perhaps you'll get a qualifier, claiming that games aren't a serious form of art, or speech. For some of us, the silliness of those statements has been evident for a long time, particularly given that the courts have stated the opposite. That said, perhaps the problem has been the lack of a definitive example at which to point. Other forms of art have these examples that clearly denote the realm of artwork. The literary world is littered with examples, such as Salman Rushdie and the controversy around The Satanic Verses. Music is also rife with examples, from Bob Dylan to the Pussy Riot fiasco in Russia. Film too has its heroes in speech and art.

I submit that the plight of Iranian nationals attempting to make a game about the 1979 revolution ought to be gaming's example. The story is a fascinating one involving several folks who have taken to hide their identities in order to remain safe while making a game that is likely to result in tension with their home governments. The story focuses on one Iranian who is working under the name Phoenix.

"I started working professionally when I was 17," Phoenix said, in an e-mail exchange mediated by Khonsari. "I wanted to become an animator and thought that was the closest I was going to get to working on games, as there was no gaming industry in Iran to support that kind of work. I yearned to work on video games; I love them and dreamed of working on them…I just didn't think it was possible."

But it eventually dawned on him that a game like 1979 Revolution would change his life in more sinister ways. The ephemeral nature of the Iranian government's thought policing means that Phoenix doesn't exactly know if he's being targeted. Nevertheless, he didn't want to risk being wrong. After all, in these kinds of scenarios, you never know that you're a person of interest until it's too late. "I'm not sure if anyone is coming after me," Phoenix said. "But I need to be cautious not only for my own safety, but also for that of my family. Also, Navid was written about and if they associated me with him it could be trouble for my family."

The Navid mentioned is Navid Khonsari, who is headlining the 1979 Revolution project. Iran, now actively trying to foster an image of a kinder, softer version of the same theocracy that put a contract on Salman Rushdie's head, has already dubbed Khonsari a spy and refused him any admittance to his home country. There hasn't been any word yet about death sentences, but several team members on the project, including Phoenix, aren't taking any chances.

Meanwhile, the game, which is still being developed, is already getting tongues wagging. Many commentators are skeptical about the historicity the game will attempt to portray, or the political motivations of the developers, or the fairness of the portrayal of all sides within. If this sounds familiar, it should, because this is the kind of discussion reserved for fictional artwork and speech surrounding the serious topics of our day. In other words, this game, and the plight of its artistic developers, ends the discussion about games as serious speech and artwork. If we believe that the makers of this game deserve protection from the Iranian government's attempts to silence their speech, or discourage their activism, then we're already thinking about this whole story in the framework of art and expression.

That said, it would be a mistake to denigrate the sacrifice these artists are making for their craft.

As for Mr. Phoenix, he doesn't know when it'll be safe to go home again. "There was no space for growth or to further my life experience," Phoenix said. "Don't get me wrong: there are many artists in Iran who are thriving and I have much respect for them. For me, it was about experiencing the world beyond Iran. My hope for this game is that people will learn what happened and have greater understanding for all people. From learning about their experience in the game, they might be more compassionate rather than dismissive."

Sounds like an artistic hero to me, one who deserves commendations and support for his art and speech.

Filed Under: free speech, iran, phoenix, revolution, video game

Stardock CEO Wants To Maximize Sales, Not Stop Piracy

from the he-understands-it dept

We have often questioned the intentions of those who try to fight and stop piracy at all costs. We have even raised the question in the past, "Which is more important, stopping piracy or increasing sales?" We are not alone in asking this question either. Some within the entertainment industry are asking it as well.

TtfnJohn sent along the February edition of Stardock Magazine in which Stardock's CEO Brad Wardell asks that very question of other game developers:

When Stardock was running Impulse, we got to hear a lot from companies regarding to their feelings towards software piracy. In many cases, it was clear that the motivation to stop piracy was less about maximizing sales and more about preventing people who didn't pay for the game from playing it. I felt this was misguided.

When I see our games pirated, it definitely annoys me. I put a lot of myself into our software and seeing someone "stealing" it is upsetting. But at the same time, the response to piracy should be, to paraphrase The Godfather, "Just business". Simply put, the goal should be to maximize sales, not worry about people who wouldn't buy your game in the first place. I've said this in the past but until we were digitally distributing third party games, I didn't realize how prevalent the "stop those pirates" philosophy was.

Brad certainly understands what the answer to that question is. He continues by explaining that there are two types of pirates, those that just want free stuff no matter what and underserved customers. Just as we have explained numerous times, it is pointless and counter productive to go after the former type of pirate. It is far more rewarding to actually serve those customers that are more than willing to give you money.

Just as we have seen Valve grow in markets around the world by serving those underserved customers, other game developers, as well as other content creators, can make more money and grow in their respective industries by doing the same. So stop wasting time and money fighting a losing battle. Take that time, effort and money and put it where it really matters, providing the best possible service for your customers as possible.

Filed Under: software piracy, video game
Companies: stardock, valve

CNN Dusts Off Ancient Moral Panic Over Out Of Print Game That Was Banned A While Back

from the oh-come-on dept

Recently, we started receiving a whole bunch of submissions about a CNN story on the Japanese videogame Rapelay (in which part of the gameplay involves raping women). We ignored it because it's an old, old, old story, and we couldn't figure out why CNN suddenly took an interest in it. The game itself was released back in 2006 and has long been out of print. It got some headlines back in February of 2009 (over a year ago), when a UK publication noticed that some people were selling the game via Amazon. It was never Amazon itself selling the game, but some of the people who set up their own stores on the site. Either way, once the press reports came out, Amazon quickly pulled the game.

Still, as usually happens, there was a big moral panic, politicians made comments and threats and eventually Japanese officials banned the game, even though it was already out of print.

Story over, right? For no clear reason, CNN suddenly decided to bring it up as if it were a big deal again -- leading to all those submissions. However, as reader Chris Mikaitis, points out, the story keeps escalating to new levels of cluelessness. Days after the "original" late story, even after lots of people wondered why the hell CNN was bringing up such a dead story, CNN decided to do a second story on the game by the same reporter. At least, in that case, one of the people quoted scolds CNN for making a big story out of nothing:

"One of my concerns," begins Dr. Olson, "is that kids generally never hear about this stuff unless it gets this kind of publicity."

In other words, this was a dead game and a dead story, until CNN started fearmongering about it, making ridiculous statements like:

"Parents, we've got to warn you about this video game because your kids could get their hands on it."

CNN, we know that your ratings are in freefall, but manufacturing a totally ridiculous moral panic over an old game that is not in print any more, has been banned in the only country where it was released, and which was discussed way too much well over a year ago, isn't exactly the way to build either credibility or interest in your reporting.

Filed Under: moral panic, video game
Companies: cnn

Gamer Says Sony Violated His 1st Amendment Rights By Banning Him

from the that's-not-how-it-works dept

It's amazing how badly some people misunderstand the First Amendment. It only limits the government from passing laws that limit your free expression (with certain exceptions). It has nothing to do with what a private company or individual can do. In other words, it's not a right to say whatever you want with no consequence. So, I doubt that the following lawsuit will get very far. Apparently a video gamer is suing Sony saying it violated his First Amendment rights by banning him from the PlayStation 3 game "Resistance" for something he apparently said while talking to other players (found via Digg). But, of course, as a private company and not the government, Sony has every right to ban whoever they want, for a wide variety of reasons. So, kids, remember, the First Amendment isn't a right to say whatever you want without getting kicked off of a video game system for being annoying.

Filed Under: ban, first amendment, free speech, video game
Companies: sony