I'm posting an episode of my podcast tomorrow on this but after seeing some actual lawyers who know weigh in on it, the DMCA tactics being used here and the timings of them are dubious at best.
I think Brad Wardell has Elon Musk Syndrome, in that he really needs to shut up and stop commenting on legal matters when he is not a lawyer. He is doing so out of concerns for his employees at Stardock (who I understand, love working there) and obviously for the broadside this is causing his company but he should just state what happened, that it's being worked on and leave it at that.
That said, everything I've read and heard from actual knowledgeable people on this, say this reeks of Paul & Fred (who made my favourite game of all-time), using scummy legal methods to try to take down someone who bade a game based on "their baby" because they didn't acquire the rights themselves when Atari went bankrupt and just want revenge for that. I have played Star Control: Origins and aisde from the name (which Stardock owns) and gameplay mechanics (which can't be copyrighted), they are using none of the content that Paul & Fred actually own. Hell, Stardock offered to sell them the rights they bought from Atari at cost years ago and Paul & Fred declined. Wardell is also documented as having told them they had Stardock's blessing to make a new Star Control game with the rights they had but that they couldn't use the name, which Stardock fairly owned. Then right after the Origins beta began, they came out and announced their new project, using the Star Control name! So Stardock took action on that--as they have to or risk losing their trademark--and now we have this happening.
The whole thing reeks of bad faith on the part of Paul & Fred (two people I idolised back when I wanted to make games) but between Brad Wardell's online temperament and the fact that the games press has a massive hate-boner for him and Stardock because he was falsely accused of sexual assault a few years ago, of course many people are sticking up for them. These poor guys who make a fortune as the heads of one of Activision's biggest studios and yet refused a chance to buy their old IP for a song but find the money to pay lawyers to try to make Stardock's life difficult.
In the end, the courts will determine who is right. At least I have my copy of Origins in the mean time.
Parallax Abstraction
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