Unfortunately there appears to be a growing legal conflict between us and Stardock. We started out confused at what Stardock said and did. We tried to be reasonable and settle the problem quietly, but now after months of debate we are flat out mad! First, a little background information on just our side of the story:Here's the response from Stardock's Brad Wardell:
- In 2013, Stardock bought a limited set of Atari’s assets at a bankruptcy auction -- primarily the name and trademark Star Control® and certain original aspects of Star Control III, like the space cows. It’s our opinion that Atari’s rights to publish our earlier games terminated over a decade before the auction and we contend that Stardock has zero rights to our games, including any code and other IP we created.
- As far as we can currently tell, we have no relationship with Stardock that lets them sell the three earlier Star Control games without our permission, either bundled with their other products or separately. That permission has not been given.
- Despite what Stardock's Brad Wardell has recently said, including in this Ars Technica article, our games’ universe has absolutely no connection, hyper-dimensional or otherwise, with Star Control®: Origins. (Note: We really don’t like other people putting our names in their diagrams without asking us first.)
Stardock now seems to think that not only can they use our aliens, ships and narrative without our permission, but thinks that we cannot make a sequel to The Ur-Quan Masters without their permission -- this is where we got really, really angry.
When we started Ghosts of the Precursors™ we were looking forward to spending our time on fun, creative work, not fighting a legal battle to protect ourselves and our work. We have nothing but respect for the talented, passionate developers working on Star Control: Origins, but we apparently have a BIG problem right now with Stardock’s management. We’ve been waiting 25 years to make Ghosts of the Precursors for our fans and we certainly won’t let this stop us. Go! Go! Go!
We are disappointed that Paul and Fred, two people we have a great deal of respect and admiration for, have chosen to imply that we are somehow preventing them from working on their new game.
Stardock has been nothing but supportive of their new project and wish them the best. I personally made the post here on StarControl.com in support of it.
With regards to their contentions:
First, as many people know, the classic Star Control games have been available for sale long before Stardock acquired the rights from Atari four years ago. For the entirety of the time we have held the rights, they have been getting paid for those sales. If they had an objection to the games being sold this is something that could and should have been addressed before we were ever involved.
Second, we have stated, repeatedly and consistently for over four years that we are not using any of the aliens from the classic series. As we have stated, our position is that, to the best of our knowledge, the classic alien IP is owned by them.
We have also discussed, at length, why it wasn't commercially viable for us to attempt to continue or retell the Ur-Quan story. 25 years is just too long of a gap. This is one of the reasons why we have been so excited about Paul and Fred's project. Their game frees us to introduce new characters and a new story into the new Star Control while allowing fans of the classic series a way to continue the classic story. This strikes us as a win-win situation.
Lastly, when we acquired Star Control from Atari in 2013, many assets were transferred to us including the various publishing agreements to the Star Control franchise. The short version is that the classic IP is messy. We understand that this makes them "really really angry" but we weren't a party to that agreement. All we can do is try to put something together that releases them from the restrictions placed on their IP that they agreed to and transfer any and all rights and responsibilities to them. We want them to make Ghosts but we don't want any liability or association with it.
Given the disturbing and unanticipated post by Paul and Fred, we are persuaded more than ever that a clear and irrefutable document that makes it clear that we are not associated or involved with their new game is needed.
We have nothing but respect and admiration for Paul and Fred and wish them well in their new project.
draginol wrote on Dec 7, 2017, 16:22:And yet, you come off looking worse and worse when you attack him over it. It absolutely does paint a picture of a vindictive sort of person, and it makes the original claims seem quite believable.Beamer wrote on Dec 7, 2017, 14:28:
Man, delete that. It isn't needed, it's too much information, and I don't think you need to explain yourself. Others are doing the work for you in a way that would be better. This is one of those instances where more information doesn't help, and one of the rare ones where I think isn't warranted.
Normally I would agree with you. It's just ugly dirty laundry stuff.
But every time anything about Stardock shows up, this guy is right there spreading the same old BS. I appreciate the people who have patiently tried to correct him.
Beamer wrote on Dec 7, 2017, 14:28:
Man, delete that. It isn't needed, it's too much information, and I don't think you need to explain yourself. Others are doing the work for you in a way that would be better. This is one of those instances where more information doesn't help, and one of the rare ones where I think isn't warranted.
Please. We know that most lawsuits like these end up settled out of court so that corporations and individuals don't have to admit any wrongdoing. It's an expensive gamble taking something to court when a settlement is there for the taking. Of course she'd be happy to apologise to him in exchange for a nice payout and the dropping of the counter suit.
Don't forget this is the same man who said:
"If the government wants to take anything away from my company, that's when I shut it down. The way I see it I can walk around naked in my office and if I can't then I won't have one."
That's right, he feels he should have the right to walk around his office naked and women should just put up with that; if the government says otherwise he'd rather shut down his business. And yet you have a hard time believe he may have acted inappropriately around women?
He also admitted touching her inappropriately:
"Hence if I "jokingly" touched Alexandra's hair or teased her about her fiancee, I respect her request that this should cease. However, my general obnoxiousness is not subject to change and I would terminate the corporation and all jobs within it if I felt my rights were being curtailed."
That's right, he admits he was touching her but says that he has every right to be a dick to her. And there is evidence he sent her a purity test, which is of course paints the picture of sexual harassment.
The evidence seems pretty damning. He's a sleazy creep. But sure, I must be reading between the lines. Thumbsup
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Mashiki Amiketo wrote on Dec 5, 2017, 01:05:Beamer wrote on Dec 4, 2017, 13:50:Troll = stuff you don't like because it hurts your feelings. Even more so when it's ideologically in your camp, and it's shitty people being shitty. And instead of actually dealing with that problem you'd rather not dispute that, rather it's all deflect, deflect, deflect.
You're an opportunistic troll. 1 person here said the sexual harassment thing, and was corrected by 5.
Still you cry.
Maybe you can go find some trendy cause to go virtue signal over and show you're a great ally.
Mashiki Amiketo wrote on Dec 5, 2017, 06:44:Kxmode wrote on Dec 5, 2017, 01:26:It makes perfect sense, maybe you should read it more slowly? Or go watch some virtue signalers in action to see how it all goes down.
"virtue signal over" doesn't make any sense. Is this like the Bat signal for causes?
Kxmode wrote on Dec 5, 2017, 01:26:It makes perfect sense, maybe you should read it more slowly? Or go watch some virtue signalers in action to see how it all goes down.
"virtue signal over" doesn't make any sense. Is this like the Bat signal for causes?
Creston wrote on Dec 4, 2017, 15:04:Please. We know that most lawsuits like these end up settled out of court so that corporations and individuals don't have to admit any wrongdoing. It's an expensive gamble taking something to court when a settlement is there for the taking. Of course she'd be happy to apologise to him in exchange for a nice payout and the dropping of the counter suit.
You need to stop reading between the lines. Both lawsuits were dismissed with the only stipulation between the two that SHE apologizes to Wardell for what she did. If she had a leg to stand on, do you think that's what would've happened?
Mashiki Amiketo wrote on Dec 5, 2017, 01:05:
Maybe you can go find some trendy cause to go virtue signal over and show you're a great ally.
Beamer wrote on Dec 4, 2017, 13:50:Troll = stuff you don't like because it hurts your feelings. Even more so when it's ideologically in your camp, and it's shitty people being shitty. And instead of actually dealing with that problem you'd rather not dispute that, rather it's all deflect, deflect, deflect.
You're an opportunistic troll. 1 person here said the sexual harassment thing, and was corrected by 5.
Still you cry.
Kxmode wrote on Dec 4, 2017, 15:52:
Thanks for the article. Fascinating insight from 2001. The author does appear to mirror my point.
Besides that, it's well known that publishers with trademark and publishing rights have blanket protections against creating any games that share similar name. Although not exactly a direct comparison, CBS versus "Star Trek" Axanar is a good example. The before video and after video is crazy in how much the show was gutted to the point where it is merely implied it takes place in the Trek universe without explicitly claiming it does.
jdreyer wrote on Dec 4, 2017, 15:36:Numinar wrote on Dec 4, 2017, 08:12:theyarecomingforyou wrote on Dec 4, 2017, 06:47:
It's worth noting that Brad Wardell is famous for sexually harassing a female employee, sending her a 'sexual purity test', making unwanted sexual contact, telling sexist and vulgar jokes and violating her private life. When she filed a lawsuit he then manufactured a counter-suit to destroy her credibility. It ended with a behind the scenes settlement that involved the woman publicly apologising but it's pretty obvious he paid her off.
Unsurprisingly for someone obsessed with sexual purity he is also a devout conservative famous for boycotting UPS after they withdrew advertising from Fox News due to Glenn Beck making racist and derogatory remarks about Obama.
Put simply he's a bit of an arsehole and it wouldn't surprise me one bit if the allegations made by the original developers are entirely true.
It fucking sucks. These women stay quiet as making a complaint no matter how vaild makes you poisonous to litigation phobic corporations who find it easier to keep the lecherous creeps they employ or answer to happy than handle complaints properly. You take the money because your chances of getting another job are greatly reduced so unless you are independently wealthy there is no profit in sticking to your guns.
Though who knows, maybe she was gold digging through litigation and he in an innocent conservative wanker? Seems less likely and certainly not profitable long term.
If women had just stayed in the home, none of this would have happened.
/S
Orogogus wrote on Dec 4, 2017, 15:08:
I don't think you're right. I don't believe Reiche & Ford would have asserted that Atari's rights expired if they had no reason to think so, to the point of publishing Star Control II online in the form of The Ur-Quan Masters, uncontested, and complete with source code for a commercial version, for 15 years. GOG lists Toys for Bob and Stardock as the company for Star Control 2, which I don't think they'd do for no reason.
Some quick Internet research turned up an interesting student paper that describes some of the history of SC and SC2: Link
Accolade still owns the trademarks, so Crystal Dynamics (which now employs Toys for Bob) would have to buy the rights first. Given how much Accolade spent on the last two games, they would probably ask for a large sum to recover the losses. On top of that, Star Control 3 and StarCon were deliberate attempts by Accolade to change what "Star Control" was, so that at some point in the future, they could create new games without having to worry about acknowledgements and royalties for using Reiche and Ford's ideas. To Reiche and Ford, these attempts were successful enough to make it difficult for them to return to Star Control.
The developer-publisher conflict is fairly well illustrated in the relationship between Toys for Bob and Accolade. Where Toys for Bob was primarily interested in making the games they felt would be fun, Accolade was most worried about maximizing return on their investments, and maintaining the value of their properties. Not all publishers have this sort of relationship with their developers (for example, Toys for Bob was very happy with its relationship to Crystal Dynamics after they left Accolade), but the fact is that sometimes the publisher and the developer simply have different concerns and understanding of the situation, leading to these sorts of conflicts in the relationship.
Numinar wrote on Dec 4, 2017, 08:12:theyarecomingforyou wrote on Dec 4, 2017, 06:47:
It's worth noting that Brad Wardell is famous for sexually harassing a female employee, sending her a 'sexual purity test', making unwanted sexual contact, telling sexist and vulgar jokes and violating her private life. When she filed a lawsuit he then manufactured a counter-suit to destroy her credibility. It ended with a behind the scenes settlement that involved the woman publicly apologising but it's pretty obvious he paid her off.
Unsurprisingly for someone obsessed with sexual purity he is also a devout conservative famous for boycotting UPS after they withdrew advertising from Fox News due to Glenn Beck making racist and derogatory remarks about Obama.
Put simply he's a bit of an arsehole and it wouldn't surprise me one bit if the allegations made by the original developers are entirely true.
It fucking sucks. These women stay quiet as making a complaint no matter how vaild makes you poisonous to litigation phobic corporations who find it easier to keep the lecherous creeps they employ or answer to happy than handle complaints properly. You take the money because your chances of getting another job are greatly reduced so unless you are independently wealthy there is no profit in sticking to your guns.
Though who knows, maybe she was gold digging through litigation and he in an innocent conservative wanker? Seems less likely and certainly not profitable long term.
Kxmode wrote on Dec 4, 2017, 14:50:
The ownership stays with whoever published the product. It started with Accolade, then Infogrames. All the while Infogrames owned Atari. If Infogrames decided to transfer ownership of Star Control to Atari to reinvigorate the brand, then control belonged to Atari. When sold, Star Control would have then transferred ownership to Stardock.
Toys for Bob lost ownership of their game as soon as they signed the publishing contract with Accolade and even more so as the property moved from one publisher to another. This is the primary reason Chris Roberts couldn't make a new Wing Commander game, and Derek Smart had to fight Take-Two in court to get his BC3000 IP back.
It sounds like now that their property is very popular again Toys for Bob is total butt-hurt over their ability to fully own the property. They should have continued to work out a licensing agreement with Stardock, the current owners of the property, instead of taking this nonsense online. It reeks of an amateur move.
They were able to get a contract with Accolade, as outside developers. They were on their own for the most part, but they were paid for meeting milestones and would collect royalties on sales (while Accolade made most of the money, to recover the costs of paying the bills). Accolade would own the trademarks, but Reiche and Ford were careful to retain ownership of the ideas.
theyarecomingforyou wrote on Dec 4, 2017, 14:47:
Wrong. Brad Wardell himself stated the case was settled and that each side agreed to withdraw their claims. He claims no money was exchanged as part of the settlement but there are plenty of ways to compensate her whilst still claiming she received no money. The entire situation seems quite sketchy and completely in keeping with the exchanges I've had with him over on Neowin, which is partially owned by Stardock.
Wardell filed the counterclaim to destroy her credibility and it was only after she filed a sexual harassment lawsuit against him. Even in Wardell's subsequent interviews he's gone out of his way to attack feminism, so I really don't have any doubt he created a hostile work environment in the manner described. Here's a direct quote from Wardell about feminists: "They don’t like men. They’re the ones who say they drink male tears and that sort of thing, I don’t like that."
Parallax Abstraction wrote on Dec 4, 2017, 10:06:Wrong. Brad Wardell himself stated the case was settled and that each side agreed to withdraw their claims. He claims no money was exchanged as part of the settlement but there are plenty of ways to compensate her whilst still claiming she received no money. The entire situation seems quite sketchy and completely in keeping with the exchanges I've had with him over on Neowin, which is partially owned by Stardock.
The case wasn't settled, it was dismissed with prejudice. Meaning that she lost due to lack of evidence. A number of other Stardock employees also came forward to say her claims was baseless. By all accounts, she lied to try to destroy someone who didn't advance her in the company at the pace she wanted. But of course, the ethics-bereft the games press that don't believe in due process parroted the lies because it made for good clicks. Several of the so-called "journalists" who spread that garbage have since apologised for getting it wrong. Most of them haven't though because hey, admitting you're wrong is a weakness to them and most of the games press wouldn't know what journalism is if it bit them in the ass.
Mashiki Amiketo wrote on Dec 4, 2017, 13:28:Creston wrote on Dec 4, 2017, 11:10:It's funny just how much the lie that Wardell sexually harassed someone is still making the rounds. The thing you forgot was: Not only was it dismissed with prejudice against the complainant, but she stole and destroyed corporate information belonging to Stardock. And the judge required her to write a public apology for the false claim. She's lucky she wasn't criminally prosecuted for that stunt and for the destruction of property. I believe Wardell's own words were something close to "the sooner she's out of the lives of our employees the better we'll all be."
That case was dismissed with prejudice. Iow, it's 99.9999% likely that she made all that shit up in an effort to extort money from her previous employer.
If you base all your decisions regarding stardock on that, you have a supremely sad world view. Let's hope for your sake nobody ever makes a false sexual harassment claim against Chris Roberts, hmm?
It wasin't 99.9999% that she made it up. She 100% made it up. Ordering a claimant to publicly apologize is almost unheard of, and is considered a "confession of guilt." Meaning Wardell could have filed civil and criminally against her, and she'd be 100% screwed.
But it's the same old bullshit, "what about those special snowflake women who need all that protection!" You mean like the female developer who along with her husband were effectively run out of every "help girls get into tech" program because they refused to bow to feminist dogma, and that same group then started spreading lies in order to ruin her reputation. Oh and for some of the reasons they wanted to all "boys who need help or wanted to learn to code" into the programs, along with socially disadvantaged people. The group FYI was and is backed by google. Enjoy the next lawsuit on thins because it's gonna be really good fun.
Oh, and to the various people who said hur-dur-dur that list a few weeks back was bullshit. Are you enjoying it now? Because there's more to come. I'd also suggest some of you avoid looking at your childhood idols when the next group drops.