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General discussion (archive)Dark Fall Creator Dissapointed in GOG(101 posts)(101 posts)
(101 posts)
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This is my favourite topic
Posted April 27, 2013
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hedwards: He's under no legal requirement to defend anything other than any trademarks involved.

Or at least that's how it is in the US, you get the copyright automatically and you only have to enforce it if somebody infringes and you want them to compensate you for it. You're under no legal requirement to use it or lose it. Same goes for patents.

Now, there may be reductions to what you can be awarded if the party infringing was led to believe that you wouldn't be enforcing your rights, but you don't lose the rights just by virtue of not using them.

Unfortunate but true.
That does seem to pave the way for patent and trademark trolls.
Posted April 27, 2013
Dark Fall vs Darkfall.

Space vs no space.

It might not be the same.
Posted April 27, 2013
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Foxhack: Dark Fall vs Darkfall.

Space vs no space.

It might not be the same.
That is it. Dark Fall the horror adventure vs. Darkfall the MMO.
J. Boakes have the rights for his Dark Fall, all he could do is
sue Aventurine SA for using a name that maybe someone
connects to his games. But seeing that the MMO is a fantasy
setting that could be difficult...not saying that he could be
successful.
Posted April 27, 2013
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SirPrimalform: Except his games were removed from GOG at his request
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JMich: Not exactly true. He posted on FB, then GOG removed the games on their own as a gesture of good will. They are waiting for the mess to be sorted out before returning them.
Yeah, I was simplifying things. GOG removed them for his benefit was my point, it had nothing to do with the Darkfall MMO or Steam.

Still not sure why anyone is linking this to the removal of his games from GOG...
Post edited April 27, 2013 by SirPrimalform
Posted April 27, 2013
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Foxhack: Dark Fall vs Darkfall.

Space vs no space.

It might not be the same.
Not having "The Elder" in its name wasn't enough to protect Notch's Scrolls, so I doubt that a space makes all that much difference, really.
Posted April 27, 2013
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Foxhack: Dark Fall vs Darkfall.

Space vs no space.

It might not be the same.
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Navagon: Not having "The Elder" in its name wasn't enough to protect Notch's Scrolls, so I doubt that a space makes all that much difference, really.
It's up to copyright holders to say whether they think something else infringes their mark. That is to say that it wasn't the law that said Scrolls infringed on The Elder Scrolls, it was Zenimax being paranoid dicks.
Posted April 27, 2013
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Foxhack: Dark Fall vs Darkfall.

Space vs no space.

It might not be the same.
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Navagon: Not having "The Elder" in its name wasn't enough to protect Notch's Scrolls, so I doubt that a space makes all that much difference, really.
And let's not forget Mike Rowe Soft, that didn't impress the judges that it was some guy's name with a shortened form of software.


EDIT: I guess that didn't go to trial.
Post edited April 27, 2013 by hedwards
Posted April 27, 2013
Just to be clear, "trademark" and "copyright" are two entirely different things. The right to sell copies of an existing game (say, Dark Fall: The Journal sold through GOG) is a copyright issue, and has nothing to do with whether Boakes has defended his trademark. The right to make a new game and call it "Dark fall", especially if it is in a similar genre or otherwise might be mistaken for something Mr. Boakes created, is more of a trademark issue.
Posted May 08, 2013
...Well, this is all a bit confusing. I'm a big fan of the Dark Fall games (and loved The Lost Crown), so it's a real shame if Boakes hasn't been getting the money he deserves from them (whatever the reasons may or may not be for it).
Posted August 11, 2013
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adambiser: Removal announcement
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irishskrapper: "Very disappointed in GOG, the game download website. They have been selling my Dark Fall games and refuse to acknowledge me as the creator and copyright owner.

I still own the copyright on games called 'Dark Fall', but they insist some crooks called Nordic Games own them.
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adambiser: DotEmu also says that Nordic Games owns them. , [url=http://www.dotemu.com/en/download-game/596/dark-fall-2-lights-out]2
This is something GoG should also do at least. DotEmu is still selling them, but only until a certain date, as it says in their respective page.
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adambiser: Removal announcement
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irishskrapper: "Very disappointed in GOG, the game download website. They have been selling my Dark Fall games and refuse to acknowledge me as the creator and copyright owner.

I still own the copyright on games called 'Dark Fall', but they insist some crooks called Nordic Games own them.
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adambiser: DotEmu also says that Nordic Games owns them. , [url=http://www.dotemu.com/en/download-game/596/dark-fall-2-lights-out]2
Oops, wait, never mind. I think that's for the sale they're having.
Post edited August 11, 2013 by KainDrake
Posted August 11, 2013
Hopefully the games come back to GOG in the near future. I wonder if the rights issues were resolved among all the parties?
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General discussion (archive)Dark Fall Creator Dissapointed in GOG(101 posts)(101 posts)
(101 posts)